Montgomery County to file suit challenging Title IV, Civil Rights Act

[guruoo]

Montgomery County Tennessee to file suit challenging Title IV,
Civil Rights Act of 1964

This is second hand information -but from a reliable source.
The story is supposed to break tomorrow on the front page of
the Clarksville Leaf-Chronicle.
http://www.theleafchronicle.com

I understand that they've had this challenge in
the works for awhile now, and were just
waiting for the state to officially find local
government in violation of Title IV
(which they did -see below).

Here's the relevant statement:

'The City of Clarksville does not have a Title VI implementation
plan/methods of administration to comply with the federal regulations.
There is very little, if any activity, to document any real effort to
take the necessary steps to improve its compliance posture.'
--------------------------------------


STATE OF TENNESSEE
DEPARTMENT OF PERSONNEL
Phil Bredesen FIRST FLOOR, JAMES K. POLK BUILDING Randy C. Camp
GOVERNOR 505 DEADERICK STREET COMMISSIONER
NASHVILLE, TENNESSEE 37243-0635
[phone]

August 9, 2005


Mr. Ron McClurg, PH. D.
Grants Manager
City of Clarksville
One Public Square
Clarksville, TN 37040

Re: Tennessee Title VI Compliance Commission
Compliance Review, Title VI of the Civil Rights Act of 1964
June 29, 2005

Dear Dr. McClurg:

We have completed our review of the City of Clarksville’s compliance
with Title VI of the Civil Rights of Act 1964. The review evaluates
Clarksville as a sub recipient receiving funding from state agencies
subject to Title VI of the Civil Rights Act of 1964.

The Act states that, “No person shall on the grounds of race, color, or
national origin be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any
program or activity receiving federal financial assistance”. The Civil
Right Restoration Act of 1987 added a definition of the terms, “program
or activity” to the statutory scheme. The term program or activity means
all of the operations of a department, agency, special purpose district,
or other instrumentality of a state or of a local government.

State and local governmental agencies are required to comply with all of
the applicable federal regulations pertaining to Title VI. Public
agencies subject to the Title VI regulations are required to have
methods of administration/Title VI implementation plan to assure
compliance with Title VI. It is a best practice to have these documents
in place prior to signing a contract assurance agreement with a federal
agency as a primary recipient or sub recipient receiving assistance
subject to Title VI from a primary recipient.




Clarksville, TN Title VI Compliance Review
August 9, 2005
Page 2


Methods of Administration consist of the following:

<1> Title VI Policy Statement

A non-discrimination policy should be a public statement by the head of
the agency and any other necessary parties. The public statement should
be written and posted in visible areas where services are provided to
all citizens.

<2> Overview of the Agency

In the case of a local government, you should have an organizational
chart or document that identifies all of your programs and activities,
boards, commissions and authorities.

<3> Organization/Civil Rights Coordinator

Specific duties and responsibilities should be assigned to the Title VI
or Civil Rights Coordinator. A description of involvement with other
organizations should be included in this document Metropolitan Planning Organization].

<4> Areas of Special Emphasis

Special emphasis areas could include planning and design, construction
and maintenance, public health, and housing.

<5> Public Outreach and Education

This section of the plan should answer the following questions:

a. How will potential beneficiaries be identified?
b. What is the plan to inform beneficiaries and potential beneficiaries
of the nondiscrimination policy and right to file a complaint?
c. Whether the agency’s nondiscrimination policy will be included in all
published program information?
d. Whether minority media will be utilized to disseminate information to
minority communities?
e. How information is to be disseminated to non-English speaking groups?
f. How minority citizens are involved in the decision making process?

g. Whether there are public hearings to engage the minority community?
This is required in all transportation related programs subject to Title
VI.

Clarksville, TN Title VI Compliance Review
August 9, 2005
Page 3

<6> Data Collection

Primary and sub recipients are required to collect racial and ethnic
data to determine whether members of protected groups are participating
in and benefiting from federally assisted programs. The data should
indicate to what extent protected beneficiaries persons of national origin are represented on boards, commissions and
authorities.]

The Title VI implementation plans of state and local governments should
also answer the following questions:

What is the methodology for the data collection?
Who will collect it?
How it is to be verified and validated?
What kinds of records will be maintained?
How a comparison of the quality of services will be made after data is
collected?

<7> Complaint Procedure

Primary and sub recipients should have a complaint procedure in their
methods of administration to respond to discrimination complaints filed
by beneficiaries. The procedure should describe the process for filing
complaints and how same will be investigated. The procedure should be
published to inform the general public and minority communities.

<8> Training Program

The Title VI Coordinator is responsible for training the appropriate
personnel of primary and sub recipients on the Title VI requirements and
areas of special emphasis in the Title VI Implementation Plan.


City of Clarksville

Findings:

The Title VI Coordinator advised the Commission Director that the Mayor
is the City Manager for Clarksville. All policy directives and projects
must be approved by the City Council. The Council has created special
committees to consider projects of interest to citizens or various
groups in the city. Those projects that receive the support of the
council committee will be brought before the entire council body for
consideration.


Clarksville, TN Title VI Compliance Review
August 9, 2005
Page 4

The city’s Title VI Coordinator stated that new policy directives are
brought before the City Council for approval. The federal ADA statute
was given as an example. Based on the comments of the City’s Title VI
Coordinator relative to ADA, a Title VI Implementation plan would need
the approval of the Council before it could be implemented.

The city’s Title VI Coordinator has not been assigned specific duties
and responsibilities that would indicate that Title VI has been
integrated in to the daily operations of city government. This is one of
the most glaring deficiencies.

The City of Clarksville does not have a Title VI implementation
plan/methods of administration to comply with the federal regulations.
There is very little, if any activity, to document any real effort to
take the necessary steps to improve its compliance posture. The
Tennessee Department of Transportation and the Clarksville Metropolitan
Planning Organization must assume some of the responsibility for the
City of Clarksville’s non compliance status. They have the
responsibility to provide technical assistance to local city and county
governments receiving funding for transportation projects.

The Clarksville Metropolitan Planning Organization is required to submit
reports to the Tennessee Department of Transportation.

General Reporting Requirements:

<1> List of all active civil rights lawsuits and/or complaints
Title VII] against a recipient containing the date of filing; summary of
allegations; and pending status.

<2> List of funding sources and any applications
for enhancement projects.

<3> Summary of all civil rights activities for the last year, that
include the purpose for a review when conducted; name of agency or
organization performing review; findings and recommendations; and status
and/or disposition of findings and recommendations.

<4> List of funding sources to the MPO and how this funding is allocated
within the MPO area currently being provided from other agencies.

<5> For transportation, enhancement, and air quality projects, an
analysis assessing affect on minority communities that includes an
analysis of;

The potential impact on minority communities and businesses during and
after project;

Clarksville, TN Title VI Compliance Review
August 9, 2005
Page 5

The potential environmental impact;

Detailed list of minority owned businesses and households to be effected;

Any significant changes or impacts on minority communities; and

Description of how this/these projects will mitigate any identified
adverse social, economic, or environmental effects


There are other specific program requirements for MPOs. The requirements
cover methods used to inform low-income and minority communities of
planning efforts relating to transportation programs and how minority,
low-income, elderly, and disabled persons are afforded an opportunity to
participate in local decision making processes. It must be documented by
the following:

<1> A description of any outreach programs designed to encourage the
involvement of these traditionally underrepresented groups;

<2> A quantitative assessment of the success of any such programs as
measured by the number of participants, surveys of these groups, or any
other measurable means; and a description of the consideration given to
comments received during public involvement efforts.

Note: All of the information concerning Metropolitan Planning
Organizations was taken from the federal requirements. The Commission
did not review the Clarksville Metropolitan Planning Organization. But
it was necessary and appropriate to mention a link between TDOT,
Clarksville Metropolitan Planning Organization and the City of Clarksville.

The U.S. Department of Transportation, through its subsidiary agencies,
requires real and substantive participation of minority communities, low
- income citizens, elderly and persons with disabilities. Moreover, the
regulations require a racial breakdown for all transportation related
non-elected boards, advisory committees, and a description of efforts
made to encourage the participation of minority, elderly and disabled
persons on such boards or committees.

The MPO requirements effect all transportation funding received by the
City of Clarksville from TDOT. We were advised by TDOT that the city
could operate under TDOT’s Title VI implementation plan until it
develops its own plan for Title VI. However, it was not evident during
the review with the city’s Title VI Coordinator that this approach was
being followed. TDOT’s Title VI plan had not been integrated into the
affairs of city government. For example, the Title VI


Clarksville, TN Title VI Compliance Review
August 9, 2005
Page 6

Coordinator’s information on minority appointments to boards, commission
and authorities was not complete. It was only able to identify
Hispanic/Latino representation. There was no explanation given as to why
the percentage of African Americans, the largest minority group in
Clarksville, and other ethnic groups serving on various boards was not
given. We must assume that there has been no real effort to address this
Title VI requirement. Clarksville Title VI Coordinator has not conducted
any public outreach and education as it relates to Title VI in its
minority communities.

TDOT has encouraged its sub recipients to appoint minorities to
transportation related boards, commissions and authorities. Again, It is
the responsibility of TDOT and the Clarksville Metropolitan Planning
Organization to provide technical assistance to cities and counties in
complying with the federal regulations pertaining to Title VI. The City
of Clarksville, in implementing the requirements of Title VI, must
maintain the necessary documentation to respond to compliance request
from TDOT and the Clarksville Metropolitan Planning Organization.



Recommendations:

<1> Develop a Title VI Implementation Plan to comply with the federal
guidelines or formally adopt TDOT’s Title VI Implementation Plan. The
Commission is available to provide assistance to the City of Clarksville
or it may seek technical assistance with TDOT, Federal Highway
Administration, Office of Civil Rights and the U. S. Department of Justice.

<2> The Title VI Coordinator should be assigned specific duties and
responsibilities to implement Title VI.

<3> There should be an ongoing effort to educate the general public with
special emphasis on minority and national origin communities as to the
requirements of Title VI.

Voluntary Corrective Action:

The City of Clarksville is encouraged to consult with its funding
sources subject to Title VI to determine the specific action steps
needed to comply with Title VI. We are suggesting that you first contact
TDOT Civil Right’s staff. The U.S Department of Transportation, through
its subsidiary agency, the Federal Highway Administration, has
identified specific actions to be taken in order to remain eligible for
transportation related funding.




Clarksville, TN Title VI Compliance Review
August 9, 2005
Page 7

If there is a need for further discussion, you or any other city
official may contact me at 615 253-6717.

Sincerely,



John A. Birdsong
Director
Tennessee Title VI Compliance Commission

JAB

[guruoo]

1. Local paper killed the story...

But the suit isn't dead.. Sources tell me that
other government agencies are joining the suit,
which is yet to be filed.
Let's make this clear: This is a challenge of the law -
a challenge of the 1964 Civil Rights Act itself.