HomeMy WebLinkAboutCity of Rexburg Title VI Plan1
Title VI Plan
2024
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Table of Contents
Introduction ................................................................................................... 3
Statistics & Data for the City of Rexburg ........................................................ 4
Non-Discrimination Policy Statement ................................................................... 7
Discrimination Complaint Procedure .............................................................. 8
AUTHORITIES ............................................................................................. 10
DEFINITIONS ............................................................................................... 12
Components of Title VI Plan ...................................................................... 13
Title VI/Section 504 Coordinator Role .......................................................... 13
Title VI/Section 504 Coordinator Responsibilities ......................................... 13
The Title VI/Section 504 Coordinator's responsibilities are: ......................... 13
Department Head & Supervisor Responsibilities .......................................... 14
Public Dissemination of Information ............................................................. 15
TITLE VI PROGRAM COMPONENTS ......................................................... 15
Title VI Assurances in Contracts and Grants ................................................ 15
Data Collection ............................................................................................. 15
Staff Training ................................................................................................ 16
Title VI Plan Report ...................................................................................... 16
Preventive and Remedial Measures ............................................................. 16
City of Rexburg Complaint Process ......................................................... 17
Appendix A – City of Rexburg Organizational Charts ............................. 20
Appendix B – Title VI Complaint Timeline/Schedule ............................... 22
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Introduction
The City of Rexburg has adopted a Title VI Plan to ensure that the City complies with
the provisions of Title VI of the Civil Rights Act of 1964. Title VI prohibits discrimination
based on race, color, or national origin in programs or activities receiving federal
financial assistance. Presidential Executive Order 12898 addresses environmental
justice in minority and low-income populations.
Presidential Executive Order 13166 addresses services to those individuals with
limited English proficiency. Discrimination based on gender, age, and disability is
prohibited under related statutes. These Presidential Executive Orders and the related
statutes fall under the umbrella of Title VI.
Federal-aid recipients, sub-recipients, and contractors are required to prevent
discrimination and ensure nondiscrimination in all of their programs, activities, and
services whether these programs, activities, and services are federally funded or not.
In the event the Recipient distributes federal aid funds to a sub- recipient, the
Recipient will include the Title VI language in all written agreements and will monitor
for compliance.
The City of Rexburg's Title VI Coordinator is responsible for initiating and monitoring
Title VI activities, preparing reports and other responsibilities, direction, and policy to
ensure compliance with Title VI and environmental justice principles.
Any person who believes that he or she, individually, as a member of any specific
class, or in connection with any disadvantaged business enterprise, has been
subjected to discrimination prohibited by Title VI of the Civil Rights Act of 1964, the
American with Disabilities Act of 1990, Section 504 of the Vocational Rehabilitation
Act of 1973 and the Civil Right Restoration Act of 1987, as amended, may file a
complaint with the City of Rexburg.
A complaint may also be filed by a representative on behalf of such a person. All
complaints will be referred to the City of Rexburg's Title VI Coordinator for review and
action.
The City of Rexburg is committed to promoting transparency by communicating openly
and effectively with its residents. To achieve this goal, the city has developed a Title VI
Plan and a Limited English Proficiency (LEP) Language Access Plan, both of which
have been provided by the City Clerk's Office. These plans ensure that all relevant
information and documents are accessible to everyone, regardless of language
barriers or other challenges.
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Statistics & Data for the City of Rexburg
The City of Rexburg's population currently sits at 44,988 residents as per the 2020 P1
Decennial Census. With this size of population comes a varied range of residents. We
have a background rooted in agriculture as well as the University that adds to a rich
and diverse culture. Rexburg is currently growing at a rate of 4% annually and its
population has increased by 12.4% since the 2020 Census recorded 39,409 residents.
Current Statistics & Data on the City of Rexburg’s residents are listed below,
showcasing the following necessary margins for the purpose of this Plan: Age &
Gender, Income, Race & Ethnicity, Age & Disability
Population by Age & Gender:
*Median Age in the
City of Rexburg 21.4 years old (S0101).
Age of Population # Males #Females
85 Years and Over 79 225
80 to 84 Years 186 149
75 to 79 Years 123 212
70 to 74 Years 218 285
65 to 69 Years 270 230
60 to 64 Years 378 401
55 to 59 Years 462 383
50 to 54 Years 368 413
45 to 49 Years 357 521
40 to 44 Years 624 418
35 to 39 Years 491 799
30 to 34 Years 1067 602
25 to 29 Years 2568 1701
20 to 24 Years 5922 6358
15 to 19 Years 3189 9251
1o to 14 Years 946 776
5 to 9 Years 1011 992
Under 5 Years 1569 1347
Source: 2022 ACS 5-Year Estimates P1
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Population by Income:
Median Income by Type of Family:
Families $54,928
Married-Couple Families $56,409
Non-Family Households $38,013
Source: 2022 ACS 1 Year Estimates {In 2022 Inflation-Adjusted Dollars) S1901
*Median Household Income in the City of Rexburg $49,005 (S1901 ACS 5-Yr Est)
Population by Race & Ethnicity:
Race & Ethnicity # in Rexburg
Hispanic or Latino 4,668
Not Hispanic or Latino 40,320
American Indian and Alaska Native 146
Asian 870
Black or African American 675
Native Hawaiian and Other Pacific Islander 209
Some Other Race 147
Two or More Races 1309
White 36,964
Source: 2020 Decennial Census/ACS Data P9
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Disability Type by Detailed Age:
DISABILITY TYPE BY
DETAILED AGE
S1810 Total
With a
hearing
difficulty
With a
vision
difficulty
With a
cognitiv
e
difficulty
With an
ambulat
ory
difficulty
With a
self-care
difficulty
With an
indepen-
dent
living
difficulty
Population under 18
years 7,967 50 18 82 21 21
Population
under 5 years 2,910 0 0
Population 5
to 17 years 5,057 50 18
Population 18 to 64
years 34,861 256 186 1,492 428 121 595
Population 18
to 34 years 29,308 92 67 1,268 206 93 387
Population 35
to 64 years 5,553 164 119 224 222 28 208
Population 65 years
and over 1,864 309 121 149 311 119 216
Population 65
to 74 years 1,003 45 3 20 106 7 27
Population 75
years and over 861 264 118 129 205 112 189
Source: 2022 ACS 5-Year Estimates - Disability Characterisitcs S1810
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Non-Discrimination Policy Statement
City of Rexburg Title VI Non-Discrimination Policy Statement
RESOLUTION NO. 2024 – 11
The City of Rexburg, hereinafter referred to as the “Recipient" assures that no person shall on the grounds of race. color. national origin, sex, age, disability, or retaliation as provided by Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 (Public Law 100.259), and subsequent related acts, be excluded from participation in, be denied the benefits of. or be otherwise subjected to discrimination under any program or activity. The Recipient further assures every effort will be made to ensure non-discrimination in all of its programs and activities, whether those programs and activities are federally funded or not
The Civil Rights Restoration Act of 1987 broadened the scope of Title VI coverage by expanding the definition of terms "programs or activities· to include all programs or activities of Federal Aid recipients. sub-recipients. and contractors/consultants. whether such programs and activities are federally assisted or not (Public Law
100.259 (S.557) March 22,1988
In the event the Recipient distributes federal aid funds to a sub-recipient, the Recipient will include Title VI language in all written agreements and will monitor for compliance.
The Recipient's City Clerk is responsible for initiating and monitoring Title VI activities, preparing responses and other responsibilities as required by 23 Code of Federal Regulations(CFR) 200 and 49 CFR 21.
PASSED BY THE COUNCIL of the City of Rexburg, Idaho this ____day of _____________, 2024.
APPROVED BY THE MAYOR of the City of Rexburg, Idaho this ____day of _____________, 2024.
____________________________ Jerry Merrill, City of Rexburg Mayor ATTEST: ___________________________________ Deborah Lovejoy, City Clerk
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Discrimination Complaint Procedure
City of Rexburg TITLE VI Discrimination Complaint Procedure
RESOLUTION NO. 2024 - 12
Any person who believes that he or she, individually, as a member of any specific class, or in connection with any disadvantaged business enterprise. has been subjected to discrimination prohibited by Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, Section 504 of the Vocational Rehabilitation Act of 1973 and the CiviI Rights Restoration Act of 1987, as amended, may file a complaint with the City of Rexburg. A complaint may also be filed by a representative on behalf of such a person. All complaints will be referred to the City of Rexburg's Title VI Coordinator for review and action.
In order to have the complaint considered under this procedure. the complainant must file the complaint no later than 180 days after. 1. The date of alleged act of discrimination, or
2. Where there has been a continuing course of conduct, the date on which that conduct was discontinued. In case, the City of Rexburg or his/her designee may extend the time for filing or waive the time limit in the interest of justice, specifying in writing the reason for so doing.
Complaints shall be in writing and shall be signed by the complainant and/or the complainant's representative. Complaints shall set forth as fully as possible the facts and circumstances surrounding the claimed discrimination. In the event that a person makes a verbal complaint of discrimination to an officer or employee of the City of Rexburg, the person shall be interviewed by the Title VI Coordinator. If necessary, the Title VI Coordinator will assist the person in reducing the complaint to writing and submit the written version of the complaint to the person for signature. The complaint shall then be handled according to the Sponsor's investigative procedures.
Within 10 days, the Title VI Coordinator will acknowledge receipt of the allegation, inform the complainant of action taken or proposed action to process the allegation, and advise the complainant of other avenues of redress available, such as to the Idaho Transportation Department, Office or CiviI Rights (ITD), and/or the US Department of Transportation (USDOT).
The City of Rexburg will advise ITD within 10 days of receipt of the allegations. Generally, the following information will be included in every notification to ITD:
1. Name, address, and phone number of the complainant. 2. Name(s) and address(es) of alleged discriminating official(s).
3. Basis of complaint (i.e. race, color, national origin, or sex).
4. Date of alleged discriminatory act(s).
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5. Date of complaint received by the City of Rexburg. 6. A statement of the complaint. 7. Other agencies (state, local, or federal) where the complaint has been filed.
8. An explanation of the actions the City of Rexburg has taken or proposed to resolve
the issue addressed in the complaint.
Within 60 days, the Tine VI Coordinator will conduct an investigation of the allegation and based on the information obtained, will render a recommendation for action in a report of findings to the City of Rexburg’s authorized representative. The complaint should be resolved by informal means whenever possible. Such informal attempts and their results will be summarized in the report of findings.
Within 90 days of receipt of the complaint, the City of Rexburg's authorized representative will notify the complainant in writing of the final decision reached, including the proposed disposition of the matter. The notification will advise the complainant of his/her appeal rights with ITD or USDOT if they are dissatisfied with the final decision rendered by the City of Rexburg. The Title VI Coordinator will also provide ITD with a copy of this decision and summary of findings upon completion of the investigation.
Contacts for the different Title VI administrative Jurisdictions are as follows:
Idaho Transportation Department, Office of Civil Rights Attn: Taylor Bothke, Civil Rights Program Manager PO Box 7129 Boise, ID 83707-1129 208-334-8884
Federal Highway Administration-Idaho Division Office Peter Hartman, Division Administrator 3050 Lakeharbor Lane. Suite 126, Boise, ID 83703 208-334-9180
PASSED BY THE COUNCIL of the City of Rexburg, Idaho this ____day of _____________, 2024.
APPROVED BY THE MAYOR of the City of Rexburg, Idaho this ____day of _____________, 2024.
____________________________
Jerry Merrill, City of Rexburg Mayor ATTEST: ___________________________________ Deborah Lovejoy, City Clerk
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AUTHORITIES
Title VI of the Civil Rights Act of 1964 [Pub. L. 88-352 (1964), codified as 42 U.S.C. §§2000d through 2000d-4]:
Title VI of the Civil Rights Act of 1964 prohibits the discrimination in, or the denial of
benefits under, any program or activity receiving federal financial assistance on grounds of race, color, or national origin. The Civil Rights Restoration Act of 1987, [Pub. L. 100-259, Sec. 6 (1988), codified as
42 U.S.C. §2OOOd-4a):
The Civil Rights Restoration Act of 1987 broadened the scope of Title VI coverage by expanding the definition of the terms "programs or activities" to include all programs or activities of federal aid recipients, subrecipients, and contractors, whether such programs and activities are federally assisted or not.
Federal Aid Highway Act of 1973, (Pub. L. 93-87 (1973), codified as 23 U.S.C. §324): The Federal Aid Highway Act of 1973 provides that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal assistance. Age Discrimination Act of 1975, [Pub. L. 94-135 (1975), codified as 42 U.S.C. §6102): The Age Discrimination Act of 1975 provides that no person in the United States shall, on
the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance. Americans with Disabilities Act of 1990, Subchapter 2, Part A [Pub. L. 101-336 (1990); codified as 42 U.S.C. §§12131-12134):
The Americans with Disabilities Act of 1990 provides that no qualified individual with a disability shall, by reason of such disability, be excluded from the participation in, be denied the benefits o( or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of a state or a local government.
Section 504 of the Rehabilitation Act of 1973 [Pub. L. 93-112 (1973), codified as 29 U.S.C. §794): Section 504 of the Rehabilitation Act of 1973 provides that no qualified handicapped person, shall, solely by reason of his/her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity
receiving federal assistance.
23 CFR Part 200: 23 CFR 200 are administration regulations promulgated by the Federal Highway Authority that specify the Title VI implementation requirements for state departments of
transportation at state and local levels.
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49 CFR Part 21: 49 CFR 21 are administration regulations promulgated by the US Department of
Transportation that specify the Title VI implementation requirements for state
departments of transportation at state and local levels. Exec. Order No. 12898: Executive Order 12898 regards federal actions to address Environmental Justice in
minority populations and low-income populations. (Environmental justice seeks equal
protection from environmental and public health hazards for all people regardless of race, income, culture, and social class. Additionally, environmental justice means that no group of people including racial. ethnic, or socioeconomic groups should bear a disproportionate share of the negative environmental consequences resulting from
industrial, land-use planning and zoning, municipal and commercial operations, or the execution of federal, state, local and municipal program and policies). Exec. Order No. 13166: Executive Order 13166 regards the improvement of access to services for persons with
Limited English Proficiency.
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DEFINITIONS
As used in this Title VI Plan, the following mean:
Affected Parties: persons protected against discrimination because of race, color,
national origin, sex, age, disability, or income by the Title VI Requirements, and SRC Chapter 97. Contractor: a person or entity who has entered into an agreement with the City that is
subject to the Title VI Requirements.
LAP program: the Language Access Plan created by the City to assist individuals who do not speak English as their primary language.
Meaningful access: the provision of communicative assistance by the City necessary to allow affected persons to participate in governmental services/ activities. Proposed Project: a project that receives federal funds and is subject to the Title VI Requirements.
Subrecipient: a person or entity that receives federal funds from the City to be used by the entity to further the objectives of the federal grant. The City is the recipient of the grant, and the person or entity is a subrecipient of those grant funds. An example of a subrecipient relationship would be where the City grants federal funds to a non-profit
corporation that the corporation uses to provide assistance for low-income households to pay Emergency Rental Assistance or professional technical services for the completion of construction development/ projects. Title VI Assurances: conditions imposed upon contractors or subrecipients as a result of
federal funding being directly or indirectly provided to the contractor or subrecipient. Title VI Requirements: the nondiscrimination provisions contained in Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, the Federal Aid Highway Act of 1973, Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990,
Section 504 of the Rehabilitation Act of 1973, Executive Order 12898 and Executive
Order13166.
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Components of Title VI Plan
Title VI/Section 504 Coordinator Role
The City of Rexburg has created the position of Title VI/Section 504 Coordinator to
perform the duties that are responsible for ensuring the City's compliance with Title VI
Requirements and SRC Chapter 97, including, but not limited, to monitoring City programs, preparing required reports, and undertaking such other responsibilities as required by 23 Code of Federal Regulation (CFR) 200 and 49 CFR 21.
The Title VI/Section 504 coordinator works alongside Department Heads within the City
and will designate one or more Department Head or Supervisor within their respective departments. The Position of the Title VI/Section 504 Coordinator is located within the City Clerk's
Office, and performed by Deborah Lovejoy, City Clerk.
Title VI/Section 504 Coordinator Responsibilities
The Title VI/Section 504 Coordinator is responsible for assuring compliance with the
provisions of Title VI of the Civil Rights Act of 1964 and related nondiscrimination statutes and has directed that nondiscrimination is required of all agency employees, contractors, and agents pursuant to 23 CFR Part 200 and 49 CFR Part 21.
The Title VI/Section 504 Coordinator's responsibilities are:
1. Submitting a Federal Highway Administration (FHWA) Title VI Plan and Language Access Plan to the Idaho Transportation Department (ITD);
2. Responding to and coordinating with any ITD Title VI Compliance Reviews; 3. Developing Title VI complaint procedures and forwarding any Title VI complaints to ITD within three (3) business days. 4. Reviewing, monitoring, and enforcing Title VI responsibilities within the City in coordination with Department Heads or Supervisors;
5. Coordinate with Department Heads or Supervisors to compile and analyze data related to Title VI, and beneficiaries of, federally funded programs to ensure compliance with the Title VI requirements; 6. In conjunction with the City Legal Department, review new local ordinances to assure compliance with federal and state civil rights laws;
7. Ensuring staff is adequately trained related to Title VI Requirements, and for contractors or subrecipients who are subject to Title VI Requirements. 8. Disseminating Title VI information to the public, including providing notice and opportunities for public participation; 9. Reviewing Local directives for Title VI implications;
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10. and; annually preparing a Title VI Plan to be submitted to lTD.
Department Head & Supervisor Responsibilities
Department Head Responsibilities are: Each Department Head is responsible for Title VI compliance for individual projects. Compliance activities include, but are not limited to:
1. Ensuring that all aspects of a proposed project's planning process and operations comply with the Title VI Requirements. 2. Ensuring that all Parties have meaningful access to a proposed project's planning processes.
3. Assisting the Title VI Coordinator in gathering and organizing data for the Title VI Plan Report. 4. Reviewing the Department work programs, policies, and other directives to ensure compliance with the Title VI Requirements. 5. Verifying the level of participation needed at public outreach meetings.
Department Supervisor responsibilities are: Department Supervisors are responsible for the day-to-day administration of the Title VI Program within their respective departments. The Title VI Coordinator shall keep on file
an accurate and updated list of all Department Supervisors. 1. Ensure compliance, program monitoring, reporting, and education regarding the Title VI Requirements within their respective departments. 2. Meet regularly with the Title VI Coordinator to discuss issues regarding Title VI
implementation and monitoring within the City. 3. Collect statistical data regarding participants in and beneficiaries of federally funded programs related to Title VI requirements & submit those to the Title VI Coordinator.
4. Prepare and make recommendations on ways to achieve better compliance
with the Title VI Requirements. 5. Conduct post-grant approval reviews of City programs and applicants (e.g., highway location, design and relocation, and persons seeking contracts with the City), for compliance with the Title VI Requirements.
6. Conduct department meetings to review the impacts of proposed projects as
needed. 7. Develop mechanisms to identify the population of citizens or residents for Proposed Projects. 8. Notify citizens of public meetings or hearings regarding a proposed project and
ensure that meetings and hearings are accessible to all parties.
9. Disseminate information to the public regarding access to proposed project information, specifications, and plans.
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Public Dissemination of Information
The Title VI Coordinator shall assist City staff in the creation and dissemination of Title VI Program information to City employees, subrecipients, contractors, Affected Parties, and the general public. Public dissemination efforts may include: posting public statements setting forth the City's
non-discrimination policy; inclusion of Title VI Assurances in City contracts and grants; and publishing a Title VI Policy Statement in a newspaper of general circulation in the City and in other community/minority publications at least once annually; posting a Title VI Policy Statement in vicinity of proposed City projects; and including a Title VI Policy Statement in announcements of hearings and meetings; and providing notice of City
Proposed Projects to minority communities.
TITLE VI PROGRAM COMPONENTS
Title VI Assurances in Contracts and Grants
The City of Rexburg's Engineering department is responsible for the City's procurement,
consultant selection, negotiation, and administration of contracts for the City. The
Procurement specialist will ensure that all federally funded contracts administered by the City contain Title VI Assurances. In the event that the City distributes federal funds to another entity through grants or
other agreements, the Department Head or Supervisor administering the grant or
agreement will ensure that such grants and agreements contain the Title VI Assurances. The Department's project administrator or grant administrator will monitor the performance of the contract or grant for compliance.
The Title VI/Section 504 Coordinator and Department Head or Supervisor will coordinate
efforts to ensure that the requirements of Title VI are met throughout the entire contracting and grant performance process.
Data Collection
Data on affected parties will be compiled by each Department Head or Supervisor. The data compilation process will be reviewed regularly by the Title VI Coordinator and the
Department Head or Supervisor to ensure the data is sufficient to meet the requirements
of this Title VI Plan.
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Staff Training
Annual training will be made available to Department Heads and/or Supervisors and other City staff responsible for the implementation of the Title VI Requirements. This training will provide comprehensive information on the Title VI Requirements and their application to specific programs or operations; assistance on the identification of Title VI
issues; and an overview of the overall complaint process.
Each Department will conduct an annual Title VI Plan review to assess the Department's effectiveness in ensuring compliance with the Title VI Requirements. The Title VI Program review will be overseen by the Title VI Coordinator with the assistance of the
Department Head or Supervisor and will include an evaluation of administrative
procedures and staffing; a review of operational guidelines for City staff, contractors, and sub-recipients; and an assessment of resources available to ensure compliance with the Title VI Requirements.
Title VI Plan Report
The Title VI Coordinator shall annually prepare a comprehensive Title VI Plan Report at the beginning of each calendar year. The Title VI Plan Report shall contain an
assessment of the accomplishments during the preceding year; a list of recommended
changes to the programs subject to the Title VI Requirements; and a list of recommended goals and objectives for the upcoming year.
Preventive and Remedial Measures
The City will actively seek to prevent Title VI deficiencies or irregularities, and to remedy violations or irregularities if they occur in the administration of a program subject to the
Title VI requirements. In taking such action, the Department Supervisor and/or
Department Head will work with the Title VI Coordinator to create an action plan within 90 days of the date the need for preventive or remedial action is identified by City staff. A copy of the action plan will be provided to the Department Head and retained by the Title VI Coordinator.
When the Department Supervisor and/or Department Head reasonably believes a contractor or sub recipient has violated a Title VI Requirement, the Department Head or Supervisor will follow the following process: 1. The project or grant administrator and the Department Head or Supervisor will
meet with the contractor or sub-recipient to conduct an initial review of the facts supporting a finding that a violation of the Title VI Requirements has occurred or is occurring. 2. If, after the initial review, the Department Head or Supervisor concludes that
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the contractor or sub-recipient has violated the Title VI Requirements, the contractors or sub- recipient will be given a reasonable time, not to exceed 90 days from the date notice is provided to the contractor or sub-recipient, to
correct noncompliance voluntarily.
3. The City will seek to obtain the cooperation of the contractor or sub-recipient in correcting non-compliance and will offer to provide the technical assistance needed by the contractor or sub-recipient to obtain voluntary compliance with the Title VI Requirements.
4. A follow-up review will be conducted within 180 days of the initial date of the
violation. That notice is provided to the contractor or sub-recipient by letter or email to ensure that the violation of the Title VI Requirements has been corrected. If after the review, the contractor or sub-recipient has failed to correct the violation, the City may take appropriate action (e.g., withhold funds,
cancel the contract) required to comply with the City's obligation under the federal grant. 5. When a contractor or sub-recipient has failed or has refused to comply with Title VI Requirements within the 180-day period after the initial review, the Title VI Coordinator will submit a copy of the file along with the recommendation that
the file be reviewed for a possible violation determination of the Title VI Requirements, to the ITD Office of Civil Rights.
City of Rexburg Complaint Process
Any person who believes that they or any other program beneficiaries have been
subjected to unequal treatment or discrimination in his or her receipt of benefits and/or services from the City, or by a contractor or sub-recipient on the grounds of race, color, national origin, sex, age, disability, or income, may file a Title VI Complaint with the Title VI Coordinator.
Every effort will be made to obtain early resolution of complaints at the lowest level possible. The option of informal mediation meeting(s) between the Title VI Coordinator, City staff ( contractors, sub-recipients, and Affected Parties may be utilized for resolution. The following procedures cover all complaints arising under Title VI. These procedures
do not deny the right of the complainant after completion of the Title VI complaint process
to file a complaint with state or federal agencies or to bring a private action based on the complaint. 1. Any person, group of persons, or entity that believes they have been subjected to discrimination under the Title VI Requirements may file a written complaint
with the Title VI Coordinator. The complaint must be filed within 180 days of the
alleged discriminatory act or occurrence. 2. Upon receipt of the complaint, within 3 business days the Title VI Coordinator will determine whether the City has jurisdiction over the complaint, whether the complaint contains the necessary information, any additional information that is
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needed, and whether further investigation is needed. 3. If the complaint is against a contractor or sub-recipients, the City will have 3 business days from receipt of the complaint to advise the ITD Office of Civil
Rights of the complaint and the status of the investigation.
4. The Title VI Coordinator will provide the respondent with the opportunity to respond in writing to the allegations in the complaint. The respondent shall have 15 days from receipt of notification to furnish a response to the allegations in the complaint.
5. Within 60 days of receipt of the complaint, the Title VI Coordinator will have
prepared a written investigative report. The investigative report shall include a narrative description of the incident, identification of persons interviewed, findings, and recommendations for disposition. 6. Once the investigative report has been completed and appropriate action
determined, the complainant and the respondent shall receive a copy of the following: a. A copy of the investigative report; b. A statement of appropriate action;
c. and notification of appeal of rights. The ITD's Office of Civil Rights shall be provided with the following for the purpose of receiving feedback and/or comments:
d. A copy of the complaint; e. the investigative report; f. and the determination of appropriate action Note: The City Attorney will review the investigative report and meet with the Title
VI Coordinator to determine the appropriate action on an as-needed basis. 7. Within 15 days of the complainant, respondent, and ITD Office of Civil Rights receiving the above-said copies, the Title VI Coordinator will meet with both the Complainant and Respondent to discuss:
a. the determination of appropriate action, b. findings and conclusions in the investigative report; c. all comments and feedback provided by ITD's Office of Civil Rights; and the
d. adoption of the Final Decision. The final decision shall be provided to all parties and shall include a statement that a party has a right to appeal the Title VI Coordinator's decision. A party may seek reconsideration of the final decision if the party produces evidence of
new facts that were not previously considered and could not have been reasonably discovered during the investigation.
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8. If the party is not satisfied with the results of the investigation or the disposition of the complaint, the party may appeal the Title VI Coordinator's final decision to the ITD Office of Civil Rights by filing a request for an appeal no later than
180 days after the date of the Title VI Coordinator's final decision.
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Appendix A – City of Rexburg Organizational Charts
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Appendix B – Title VI Complaint Timeline/Schedule
Title VI Complaint Timeline/Schedule
Action Timeline/Schedule
Submitting Complaints to ITD Within 3 business days of initial complaint.
Initial Complaint must be filed Within 180 days of the alleged violation.
Opportunity to Respond to Complaint Respondent has 15 days from receipt of notification to furnish a response to the violation in writing.
Investigative Report Completed & Mailed to Parties 1. Within 60 days of initial complaint & notification to City Attorney if applicable the following will occur:
2. A copy of the Investigative Report, Statement of Appropriate Action and Notification of Appeal of Rights is mailed to the Complainant & Respondent.
3. A copy of complaint, investigative report & determination of actions is sent to ITD for feedback/comments.
Meeting with Complainant & Respondent Within 15 days of mailing copies a meeting is to be scheduled with both parties to discuss determination, findings, and conclusions including any comments/feedback provided by ITD and final decision.
Appealing the Final Decision Party may appeal Title VI Coordinator Final Decision by filing a request for an appeal no later than 180 days after the date of the final decision.
Preventative & Remedial Measures
Action Timeline/Schedule
Creating an Action Plan for Preventative & Remedial Action with Dept Supervisor
90 days from the initial date the violation is identified by the Department.
Follow Up Review of Corrected Action by Letter/Email Within 180 days from the initial date of the violation.
If Failure to Comply with Corrective Action Within 180 days from initial date of violation, copy of file & recommendation of file review is submitted to ITD.