Placement: Resolutions
Action Requested: Motion / Vote
title
Resolution 21-R41, A Resolution of the City of Port St. Lucie, Florida, Amending the Title VI and Nondiscrimination Policy and Plan; Providing for Conflict; Providing for Severability; Providing an Effective Date.
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Submitted By: Russ Blackburn, City Manager
Strategic Plan Link: The City's Goal of a high-performing city government organization.
Executive Summary (General Business): Adoption of a revised and updated Title VI and Nondiscrimination Policy and Plan to ensure the City’s compliance with federal civil rights laws, specifically Title VI of the Civil Rights Act of 1964 and related statutes, and to ensure that the City remains eligible to qualify for receipt of funding through the State of Florida Department of Transportation (“FDOT”) Local Agency Program (“LAP”) and federal grants.
Presentation Information: N/A
Staff Recommendation: Move that the Council complete the motion in the affirmative.
Alternate Recommendations:
1. Move that the Council amend the recommendation and complete the motion in the affirmative.
2. Move that the Council deny the motion and provide staff direction.
Background: The City of Port St. Lucie, as a recipient of federal funding from the State for various activities, is required to ensure that its services, programs, and related benefits are conducted and distributed in a manner consistent with Title VI of the Civil Rights Act of 1964 (“Title VI”) and other related federal and state laws and regulations. Title VI and the related nondiscrimination laws forbid federal aid recipients from excluding from participation, denying the benefits, or subjecting to discrimination anyone on the basis of race, color, or national origin. On November 10, 2014, the City established a formal Title VI and Nondiscrimination Policy and Plan consistent with the requirements of the Federal Highway Administration (“FHWA”) and the FDOT for any agency receiving federal funds. The attached Resolution serves to update the existing Title VI and Nondiscrimination Policy and Plan.
Issues/Analysis: The City of Port St. Lucie values diversity and welcomes input from all interested parties, regardless of cultural identity, background, or income level. The City does not tolerate discrimination in any of its programs, services, or activities. The Title VI and Nondiscrimination Policy and Plan assures that no person shall, on the basis of race, color, national origin, sex, age, disability, family or religious status, be denied the benefits, or be otherwise subjected to discrimination or retaliation under any program, service or activity provided by the City. The Title VI and Nondiscrimination Policy and Plan is being revised to provide for updated contact information relating to Title VI Complaints and Reasonable Accommodation Requests under Section 504 of the Rehabilitation Act of 1973 (“Section 504”), the Americans with Disabilities Act of 1990 (“ADA”), and related federal and state laws and regulations. The ADA Coordinator makes every effort to ensure that City facilities, programs, services, and activities are accessible to those with disabilities. The ADA Coordinator assists in providing reasonable accommodations to disabled individuals who wish to participate in public involvement events, or who requires special assistance to access facilities, programs, services or activities. Separately, the City Council previously adopted Sec. 158.233 of the City’s code of ordinances, creating reasonable accommodation procedures in the application of City ordinances, rules, policies, and procedures for persons with disabilities as provided by the federal Fair Housing Amendments Act (42 U.S.C. 3601, et seq.) ("FHA") and Title II of the ADA. Any person who is disabled (or qualifying entity) may request a reasonable accommodation with respect to the City's land use or zoning laws, rules, policies, practices and/or procedures as provided by the FHA and the ADA by submitting an application to the City Attorney’s Office.
Financial Information: N/A
Special Consideration: Each local agency that receives federal funds for its programs is required to adopt and implement a Title VI and Nondiscrimination Policy and Plan. City Council’s adoption of the Resolution and revised Title VI and Nondiscrimination Policy and Plan allows the City to remain eligible to continue to receive federal and state financial assistance.
Location of Project: N/A
Attachments:
1. Resolution;
2. Title VI and Nondiscrimination Policy and Plan (Exhibit “A” to the Resolution);
3. Title VI and Nondiscrimination Policy Statement (Exhibit “B” to the Resolution) with Appendix “A” to Policy Statement.
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 3243
Legal Sufficiency Review:
Reviewed by Stefanie Beskovoyne, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.