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REGULAR MEETING January 14, 2019
<br /> PROGRAMS AND ACTIVITIES UNDER THE
<br /> CIVIL RIGHTS ACT OF 1964
<br /> Aladean DeRose, Assistant City Attorney and ADA Coordinator for the City of South Bend with
<br /> offices located on the 12th floor of the County-City Building, South Bend, IN, served as the
<br /> presenter for this bill. Ms. DeRose stated, It is my privilege and honor to end the public hearing
<br /> portion on ordinances with an ordinance that is an antidote to hatred and that is a strong public
<br /> policy in favor of non-discrimination. With approval of the City's 2018 Title Six (VI) Plan, and
<br /> the update to its 2013 ADA Transition Plan, this Council would be supporting the blueprint of the
<br /> City removing barriers to discrimination for those who are disabled in areas of employment and
<br /> City facilities, services and programs. It is also a blueprint for the City's assurance of non-
<br /> discrimination in City services, programs and activities toward all individuals without
<br /> discrimination based on race, color, national origin, sex, gender, sexual orientation, gender
<br /> identity, age, military status, English proficiency or income status. There are two (2) laws at the
<br /> base of the City's ADA Transition Plan and Title Six (VI) Plan. One (1) is the American's with
<br /> Disabilities Act passed in 1990 and effective in 1992, and the Civil Rights Act of 1964. They are
<br /> citied on page eleven (11). It says, `...no person in the United States shall, on the ground of race,
<br /> color, or national origin, be excluded from participation in, be denied the benefits of, or be
<br /> subjected to discrimination under any program or activity receiving federal financial assistance.'
<br /> Even without the federal financial assistance, that is our policy. That is the policy of the City of
<br /> South Bend.
<br /> Ms. DeRose continued, What we have done, specifically, to create this plan that is to what the
<br /> Council has done in its many programs and activities that have fostered openness and non-
<br /> discrimination is we have assessed all of the City's infrastructure and have determined whether it
<br /> meets accessibility to those with disabilities. We are not perfect, and we do not meet a perfection
<br /> standard at this point but that is the goal at some point in time. We have assessed all of the
<br /> buildings, sidewalks, all of our intersections and have come up with a rating system particularly
<br /> for intersections and sidewalks. Those that serve government facilities are the highest priority.
<br /> Those that serve commercial employment centers are second (2nd) priority and everything else is
<br /> of lower priority. The time it will take to do the rehabilitation that is needed for full accessibility
<br /> is whenever feasible and reasonable. The timetable is promptly and as expeditiously as is
<br /> reasonable taking into account the priority that I mentioned previously.
<br /> Ms. DeRose went on, The history of South Bend's Plan includes the 2013 Assessment and a 2015
<br /> Assessment of all buildings. It includes a timetable of remedying all buildings and all intersections,
<br /> sidewalks and crosswalks. We will do that each year as the budget comes around, as funds are
<br /> available, and based on the aforementioned priority. With great deference given to those having
<br /> disabilities who request certain changes, we will make those. As to the Title Six (VI) portion of
<br /> the Plan, that involves providing hearing devices and a full range of services that we offer to those
<br /> who are disabled. Examples include trash pick up next to their homes, relief from shoveling
<br /> requirements and attempts to find those that might assist and on-street disability parking spaces in
<br /> City neighborhoods. For limited English proficiency, the language most frequently used in South
<br /> Bend besides English is Spanish. That has a thirteen percent (13%) rate of use, according to the
<br /> Census.We have a 311 System that identifies callers' language of origin.We've had 760,000 since
<br /> 311 was implemented, 2,300 of those were Spanish speakers. We have full translators available,
<br /> from 9:00 a.m. to 5:00 p.m. to take those Spanish calls. Interestingly enough, the 2,300 Spanish
<br /> calls turn out to be a point three percentage(0.3%) rate of the total cards.
<br /> Ms. DeRose continued, All departments will have `I Speak' Cards to identify persons that have
<br /> limited English proficiency and translators are available with an online service that most City
<br /> departments have already contracted with. There is a voluntary public involvement survey that
<br /> will be available at City meetings such as this one(1)and I will distribute those.That is attachment
<br /> four(4)to the Plan. That will identify persons,voluntarily,who are perhaps not English proficient,
<br /> and it may identify those who are low income so that we can prepare and plan for those individuals.
<br /> Environmental justice is also a part of the Plan and that is we are committing that no group of
<br /> persons including racial, ethnic or socioeconomic should bare a disproportionate share of negative
<br /> environmental consequences from industrial, municipal and commercial operations of the
<br /> execution of federal, state, or local programs and policies. That is to make sure that environmental
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