Public Notice of Non-Discrimination Rights
The City and Borough of Yakutat (CBY) gives public notice of its policy to uphold and assure full compliance with the non-discrimination requirements of Title VI of the Civil Rights Act of 1964 and related nondiscrimination authorities. Title VI and related nondiscrimination authorities stipulate that no person in the United States of America shall on the grounds of race, color, national origin, sex, age, disability, income level or Limited English Proficiency be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance.
Any person who desires more information regarding CBY’s Title VI and ADA Program can contact the Borough Clerk.
Any person who believes they have, individually or as a member of any specific class of persons, been subjected to discrimination based on race, color, national origin, sex, age, disability, income level or Limited English Proficiency has the right to file a formal complaint. Any such complaint must be submitted in writing within 180 days of the date of the alleged occurrence to the Borough Clerk: clerk [at] yakutatak.us. PO Box 160 Yakutat, Alaska 99689.
A complainant may also file a complaint directly with the Maritime Administration by emailing civilrights.marad [at] dot.gov or mailing a written complaint to: United States Maritime Administration Office of Civil Rights West Building, 2nd Floor MAR-130 1200 New Jersey Avenue SE, Washington, DC 20590
Title VI and ADA Discrimination Complaint Procedures
Introduction
The City and Borough of Yakutat (CBY) has established this ‘Complaint of Discrimination’ Procedure as a mechanism for the review and resolution of allegations of discrimination. These procedures apply to complaints filed under Title VI of the Civil Rights Act of 1964 and The Americans with Disabilities Act (ADA) which prohibit discrimination based on race, color, national origin, and disability in any program or activity administered by the City and Borough of Yakutat or its sub‐recipients, consultants and/or contractors. Retaliation or intimidation of any kind is also prohibited by law.
These procedures do not negate or limit the right of the complainant to file formal complaints with other state or federal agencies. These procedures are part of an administrative process that does not provide for remedies such as compensatory damages for the complainant.
The Borough Clerk’s Office serves as a resource for members of the public who wish to file a discrimination complaint under Title VI, ADA, and related statutes. The Clerk’s office is located in Yakutat. The Borough Clerk is responsible for conducting counseling and investigations of alleged incidences of discrimination. The complainant, the individual making a complaint, is advised of his/her rights under State and Federal laws and is given a copy of this procedure.
Complaint Basis
Allegations must be based on issues involving race, color, national origin, or disability. The term basis refers to the complainant’s protected group status. A Protected Group is a group of people with common characteristics who are legally protected from discrimination based on that or those characteristic(s). Protected Group categories and definitions relevant to this procedure:
Category: Race--The perception based on physical characteristics that a person is a member of a racial group. Examples: Black, White, Native American/Indian.
Category: Color-- The color and/or shade of skin within a racial group. Examples: Black, white, dark or light brown, etc.
Category: National Origin--A group of people who share a common language, culture, ancestry and/or other social characteristics. Includes discrimination based on heritage or country of original citizenship. Also includes discrimination based on language or accent. Example: Cuban, Vietnamese, Mexican.
Category: Disability-- A disability is an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. Example: an individual with a visual impairment, or who uses a mobility device like a wheelchair.
Complaint Process Any individual or group of individuals who believe that he/she or they have been subjected to discrimination prohibited by Title VI and ADA nondiscrimination procedures based on race, color or national origin (including Limited English Proficiency) or disability may file a written complaint to the CBY Clerk’s Office. A formal complaint must be filed within 180 calendar days of the alleged occurrence or when the alleged discrimination became known to the complainant. The complaint must meet the following requirements in that it must: Be made in writing or submitted electronically to the Borough Clerk.
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Be submitted on the ‘Title VI and ADA Discrimination Complaint Form’ and signed by the complainant(s) form can be found at www.yakutatak.us/forms; Include the full name and address(es) of the complainant(s);
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Include the date(s) of the alleged act(s) of discrimination;
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Include the full name(s), job title(s), and work address(es) of the accused party(ies), if known;
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Include a detailed description of the alleged act(s) of discrimination (specify all issues and circumstances of the alleged discrimination); Identify the basis of the complaint (i.e. race, color, national origin, LEP, disability); and
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Include the name(s), address(es), and telephone number(s) of any person who may have knowledge of the alleged incident.
For complaints to be accepted, they must be filed within 180 days of the alleged act of discrimination; meet the above procedures for filing; and allegations must be based on issues pertaining to race, color or national origin (including limited English Proficiency).
A complaint may be dismissed if the complainant requests the withdrawal of the complaint; the complainant does not respond to requests for information on or before the date indicated in the request; or the complaint is not timely filed. In cases where a complainant cannot provide a written complaint, assistance will be provided by the Borough Clerk. However, all complaints must be signed by the complainant or its legal designee. A signature provided by a legal designee must be accompanied by written permission from the complainant. Complaint Investigation Following the receipt and review of the complaint the Borough Clerk or a designee will issue a letter acknowledging receipt of the complaint.
1. The accused party(ies) will be notified that a complaint has been filed against him/her/them within 10 days of accepting the complaint. When applicable, the accused party(ies) is/are advised of his/her/their right to representation by the union or any other appropriate representative of his/her/their choice.
2. Barring extenuating circumstances outside of the investigators control, the investigator will conduct a fact-finding investigation and provide a resolution, if one is possible, within ninety (90) business days of receipt of the complaint and notify all involved parties in writing whether there was a violation of Title VI. This will include notification to the complainant of his/her/their right to appeal the results to the City and Borough of Yakutat.
3. All investigation findings will be reported to the Borough Manager or his/her/their designee.
4. Should the complainant elect to appeal the decision, he/she/they must do so in writing to the Borough Manager within ten (10) business days after receipt of the complaint resolution proposed by the Borough Clerk or investigator designee. Failure to appeal within this period shall be interpreted as acceptance of this resolution.
5. The Borough Manager or his/her/their designee will review the case to determine what, if any additional information is needed. If additional information is required from the appellant, he/she will be provided reasonable advance notice of a meeting and will be advised of his/her/their right to present relevant information at that time.
6. The Borough Manager or his/her/their designee will render a written decision regarding the appeal, no later than thirty (30) business days from the date of the filing of the appeal which will be sent to the appellant. Should this decision differ from the findings of the investigation, it will also be sent to all parties involved and the Borough Clerk. The decision of the Manager or his/her/their designee is final. However, it does not preclude the complainant from pursuing other means of resolution under federal and/or state law.
7. All records of complaints and dispositions thereof shall be maintained and regularly reviewed by the Borough Clerk who will pay particular attention to the detection of any patterns in the nature of the complaints. All such records shall be retained on a strictly confidential basis, except where disclosure is required by law.