Village of Bear Lake Anti Discrimination Policy

A reader has asked to see a copy of this Policy.

It can be found in context here and by clicking on this link to a previous posting.

VILLAGE OF BEAR LAKE TITLE VI NON-DISCRIMINATION PLAN

INTRODUCTION

The Village of Bear Lake is a General Law Village, in northwest Michigan, operating under the General Law Village Act 3 of 1895 as amended of the State of Michigan.  Accordingly, the Village of Bear Lake is a body organized to promote the general health, welfare and safety of the public and citizens of the Village of Bear Lake.  The village of Bear Lake serves all people, including minority populations, low income populations, the elderly, persons with disabilities, and those who traverse the Village.  The Village of Bear Lake, recognizes in responsibility to provide fairness and equity in all of its programs, services, and activities, and that it must abide by and enforce federal and state civil rights legislation.   

Title VI of the Civil Rights Act of 1964, is the overarching civil rights law which prohibits discrimination based on race, color, or national origin, in any program, service or activity that receives federal assistance.  Specifically, Title VI assures that, “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefit of, or be otherwise subjected to discrimination under any program or activity receiving federal assistance.”  Title VI has been broadened by related statutes, regulations and executive orders.  Discrimination based on sex is prohibited by Section 324 of the Federal-Aid Highway Act, which is the enabling legislation of the Federal Highway Administration (FHWA).  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 prohibit unfair and inequitable treatment of persons as a result of projects which are undertaken with Federal financial assistance.  The Civil Rights Restoration Act of 1987 clarified the intent of Title VI to include all programs and activities of federal-aid recipients and contractors whether those programs and activities are federally funded or not.    

In addition to statutory authorities, Executive Order 12898, “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,” signed in February of 1994, requires federal agencies to achieve Environmental Justice as part of its mission by identifying disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations.  Environmental Justice initiatives are accomplished by involving the potentially affected public in the development of transportation projects that fit within their communities without sacrificing safety or mobility.  In 1997, the U.S. Department of Transportation (USDOT) issued its DOT Order to Address Environmental Justice in Minority Populations and Low-Income Populations to summarize and expand upon the requirements of Executive Order 12898 on Environmental Justice.  Also, Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” provides that no person shall be subjected to discrimination on the basis of race, color, or national origin under any program or activity that receives Federal financial assistance. 

As a recipient of federal financial assistance, the Village of Bear Lake must provide access to individuals with limited ability to speak, write, or understand the English language.  The Village of Bear Lake will not restrict an individual in any way from the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under its programs or projects.  Individuals may not be subjected to criteria or methods of administration which cause adverse impact because of their race, color, or national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program because of race, color or national origin.  Therefore, the primary goals and objectives of the Village of Bear Lake’s Title VI Program are:

  1. To assign roles, responsibilities, and procedures for ensuring compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives;
  1. To ensure that people affected by the Village of Bear Lake’s programs and projects receive the services, benefits, and opportunities to which they are entitled without regard to race, color, national origin, age, sex, or disability;
  1. To prevent discrimination in the Village of Bear Lake’s programs and activities, whether those programs and activities are federally funded or not;
  1. To establish procedures for identifying impacts in any program, service, or activity that may create illegal adverse discrimination on any person because of race, color, national origin, age, sex, or disability; or on minority populations, low-income populations, the elderly, and all interested persons and affected Title VI populations;
  1. To establish procedures to annually review Title VI compliance within specific program areas within the Village of Bear Lake;
  1. To set forth procedures for filing and processing complaints by persons who believe they have been subjected to illegal discrimination under Title VI in the Village of Bear Lake’s services, programs or activities.

As a sub-recipient of federal transportation funds, the Village of Bear Lake must comply with federal and state laws, and related statutes, to ensure equal access and opportunity to all persons, with respect to transportation services, facilities, activities, and programs, without regard to race, color, national origin, sex, socio-economic status, or geographical location.  Every effort will be made to prevent discrimination in any program or activity, whether those programs and activities are federally funded or not, as guaranteed by the Civil Rights Restoration Act of 1987. 

The Village of Bear Lake shall also ensure that their sub-recipients adhere to state and federal law and include in all written agreements or contracts, assurances that the sub-recipient must comply with Title VI and other related statutes.  The Village of Bear Lake, as a sub-recipient who distributes federal transportation funds, shall monitor their sub-recipients for voluntary compliance with Title VI.  In the event that non-compliance is discovered, the Village of Bear Lake will make a good faith effort to ensure that the sub-recipient corrects any deficiencies arising out of complaints related to Title VI; and that sub-recipients will proactively gauge the impacts of any program or activity on minority populations and low-income populations, the elderly, persons with disabilities, all interested persons and affected Title VI populations.

Discrimination under Title VI

There are two types of illegal discrimination prohibited under Title VI and its related statutes.  One type of discrimination which may or may not be intentional is “disparate treatment.”  Disparate treatment is defined as treating similarly situated persons differently because of their race, color, national origin, sex, disability, or age.

The second type of illegal discrimination is “disparate impact.”  Disparate impact discrimination occurs when a “neutral procedure or practice” results in fewer services or benefits, or inferior services or benefits, to members of a protected group.  With disparate impact, the focus is on the consequences of a decision, policy, or practice rather than the intent.

The Village of Bear Lake’s efforts to prevent such discrimination must address, but not be limited to, a program’s impacts, access, benefits, participation, treatment, services, contracting opportunities, training, investigation of complaints, allocation of funds, prioritization of projects, and the overarching functions of planning, project development and delivery, right-of-way, construction, and research.

The Village of Bear Lake has developed this Title VI Plan to assure that services, programs, and activities of the Village of Bear Lake are offered, conducted, and administered fairly, without regard to race, color, national origin, sex, age, or disability of the participants or beneficiaries of federally funded programs, services, or activities (see Title VI Assurances).

THE VILLAGE OF BEAR LAKE

NON-DISCRIMINATION POLICY STATEMENT

The Village of Bear Lake reaffirms its policy to allow all individuals the opportunity to participate in federal financially assisted services and adopts the following provision:

“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” In applying this policy, the Village of Bear Lake and its sub-recipients of federal funds shall not:

  1. Deny any individual with any service, opportunity, or other benefit for which such individual is otherwise qualified;
  1. Provide any individual with any service, or other benefit, which is inferior (in quantity or quality) to, or which is provided in a different manner from that which is provided to others;
  1. Subject any individual to segregated or disparate treatment in any manner related to such individual’s receipt of services or benefits;
  1. Restrict an individual in any way from the enjoyment of services, facilities or any other advantage, privilege or other benefit provided to others;
  1. Adopt or use methods of administration, which would limit participation by any group of recipients or subject any individual to discrimination;
  1. Address any individual in a manner that denotes inferiority because of race, color, or national origin;
  1. Permit discriminatory activity in a facility built in whole or in part with federal funds;
  1. Deny any segment of the population the opportunity to participate in the operations of a planning or advisory body that is an integral part of a federally funded program;
  1. Fail to provide information in a language other than English to potential or actual beneficiaries who are of limited English speaking ability, when requested and as appropriate;
  1. Subject an individual to discriminatory employment practices under any federally funded program whose objective is to provide employment;
    1. Locate a facility in any way, which would limit or impede access to a federally-funded service or benefit.
  2. The Village of Bear Lake will actively pursue the prevention of any Title VI deficiencies or violations and will take the necessary steps to ensure compliance. If irregularities occur in the administration of the program’s operation, procedures will be promptly implemented to resolve Title VI issues all within a period not to exceed 90 days.

    The Village of Bear Lake designates Cindi McPherson, Village Clerk as the Title VI Coordinator. The Village Clerk will be responsible for initiating and monitoring Title VI activities and other required matters, ensuring that the Village of Bear Lake complies with the Title VI regulations and pursues prevention of Title VI deficiencies or violations. Inquiries concerning the Village of Bear Lake and Title VI may be directed to the Bear Lake Village Clerk, PO Box 175, Bear Lake, MI 49614; Phone: 231.970.2066; Email: bearlakeclerk@gmail.com.

    ____November 16, 2016___

    Jeff Bair Village President

    Cindi McPherson Clerk/Title VI Coordinator

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