Finance & Management Committee
October 24, 2023
AGENDA REPORT
TO: Jestin D. Johnson FROM: Mark Love
City Administrator Interim Director of Human Resources Management
SUBJECT: Equal Access to Services Ordinance DATE: October 24, 2023 Annual Compliance Report
City Administrator Approval: Date:
RECOMMENDATION
Staff Recommends That The City Council Receive An Informational Report Regarding The Annual Equal Access To Services Ordinance Compliance Report For Fiscal Year 2022-23.
EXECUTIVE SUMMARY
This report serves as the City Administrator’s Annual Compliance Plan and Report on the implementation of the Equal Access to Services Ordinance (EAO) for the period July 1, 2022, through June 30, 2023, with detailed reporting of the City’s compliance activities.
BACKGROUND/ LEGISLATIVE HISTORY
Title VI of the Civil Rights Act of 1964 provides, “No person in the United States shall, on the ground 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.” Title VI regulations require recipients of federal funding to take reasonable steps to ensure meaningful access to benefits, services, and information for individuals with Limited English-speaking Proficiency (LEP), to facilitate engagement by LEP, to establish complaint procedures, and to develop Language Assistance Plans.
California Government Code § 11135 prohibits discrimination by agencies that receive state funds and requires them to provide equal access without regard to race, color, national origin, or ethnic group, and the Bilingual Services Act, Ca. Gov. Code §7290 et seq., requires that every local public agency provide language access services to persons who are LEP.
The City of Oakland Title VI Plan and Language Access Plan establish standards and procedures for promoting meaningful access to City programs and activities to persons, including LEP Persons. It supplements, but does not supersede, Equal Access to Services Ordinance (No. 12324
), Municipal Code Chapter 2.30, or the requirements of the City’s Settlement Agreement in Family Bridges et al. v. Lindheim, Case No. RG 08049445 and Echo, et al. v. City of Oakland, et al., Case No. RG 08409443.
Oct 5, 2023
Jestin D. Johnson, City Administrator
Subject: Equal Access to Services Annual Compliance Report Date: October 24, 2023 Page 2 of 10
Finance & Management Committee
October 24, 2023
ANALYSIS/ POLICY ALTERNATIVES
Staff recommends that the City Council receive this informational report for Fiscal Year 2022-23.
By implementing a language access policy, everyone living, working, visiting, or doing business with the City is provided with fair and equal opportunity to access City programs and services, regardless of what language one speaks. It helps advance Citywide priorities in all areas. The priorities are 1) holistic community safety, 2) housing, economic, and cultural security, 3) vibrant, sustainable infrastructure, and 4) responsive, trustworthy government. It is of paramount importance that all people accessing or engaging in City programs, including limited- English-speaking persons, have the opportunity to participate meaningfully. Our language access policy establishes standards and procedures for promoting meaningful civic engagement.
Chart 1: Citywide Compliance Snapshot FY 2022-23
Total City population* 430,553
% of residents speaking non-English language at home 40% #1 most common non-English language Spanish
#2 most common non-English language Chinese
Total public contact staff 2,308
Total public contact staff who is bilingual 485
Departments required to file a report 27
Departments filed a report 27
Number of language access complaints received 0
Document translation produced 511
Hours of interpretation provided 720
Hours of over-the-phone interpretation provided ** 575
Compliance poster & I-speak card location reported 114
*July 1, 2022, https://www.census.gov/quickfacts/fact/table/oaklandcitycalifornia/POP815221#POP815221 **OFD & OPD data not included
1. City Of Oakland Implementation Of A Four Factors Analysis
Using qualified bilingual employees, qualified interpreters, qualified translators; telephone, internet, or video interpretation; and translated materials, the City of Oakland provides meaningful access to programs and activities to members of the public who are limited English- speaking. “Limited English Proficient (LEP) Person” means an individual who does not speak English as his or her primary language and has a limited ability to read, speak, write, or understand English. Every department appoints a Language Access Coordinator to coordinate language access with the Equal Access Office. Language services are offered at no cost to the public.
In addition to City Ordinance requirements, Federal & State financial assistance recipients are required to take reasonable steps to provide meaningful access to LEP persons, and a four- factor analysis is commonly used. The City of Oakland is committed to providing meaningful access, which starts with an assessment that balances four factors as shown in Chart 2.
Jestin D. Johnson, City Administrator
Subject: Equal Access to Services Annual Compliance Report Date: October 24, 2023 Page 3 of 10
Finance & Management Committee
October 24, 2023
Chart 2: Four Factor Analysis
2. Language Groups Identified
The City of Oakland relies on the United States Census Bureau’s American Community Survey (16001) for LEP data. The two language groups that meet the 10,000 threshold requirement are Spanish and Chinese, while the language groups that meet the 1,000 thresholds are Vietnamese, Arabic, Tagalog, Khmer, and Korean. The percentage of LEP population is used as a guideline for the measure of minimal compliance for public contact position bilingual employees as specified in the Equal Access to Services Ordinance Unless otherwise noted, “bilingual employees” mentioned in this report refer to those who are bilingual in English/Spanish languages or English/Chinese languages; this report does not include an account of employees who may be bilingual in other languages.
Chart 3: Language Groups in Oakland Language LEP Population Threshold % Threshold Language Group
Spanish 45,675 11%
(At least 10,000 LEP) Chinese 19,722 5%
LEP Language Group Vietnamese 5,261
(At least 1,000 LEP) Arabic 2,173
Tagalog 1,474
Khmer 1,061
Korean 1,040
Factor #1: City of Oakland assesses the
number and proportion of LEP persons.
Factor #2: The frequency with which LEP
persons come into contact with the City’s
programs and services.
• US Census Data & American Community Survey
(16001) is reviewed.
• Citywide Language Access Survey is used for
assessment. Demographic data is analyzed for
language use and contact with City’s program and
activities. Survey gathers feedback and suggestion
gathered from LEP persons.
• Both community-based (population based on zip
code) and Citywide analysis are conducted.
• Citywide Language Access Survey is conducted
every two years to assess the number and proportion
of LEP persons in Oakland.
• Evaluation meetings with contracted vendors who
routinely come in contact with the City of Oakland’s
clients and employees.
• The 10,000 LEP Group & the 1,000 LEP Group are
identified and reported to City Council.
• Training and discussions with City staff who regularly come in contact with LEP persons.
Factor #3: The nature and importance of the
program or activity.
Factor #4: The resources available and costs
to the City.
• Summary of each department’s organization
structure, and programs are reviewed.
• Summary of language resources is available to all
City employees.
• Each department assigns a management level
employee as Language Access Coordinator. to
assess the importance of its programs to LEP
persons and coordinate service access.
• Over-the-phone interpretation instruction, compliance poster and I- speak card is available at all service
locations.
• The list of vital documents and notices advising LEP
persons of the availability of free language assistance is assessed.
• Actual expenses on translation and interpretation are reported annually to help the department develop a
budget for the next year.
• Input from contracted translators and interpreters,
service partners, and Language Access Coordinators
is collected.
• Contract agreements are publicly available
information accessible through our City Clerk’s office.
Languages list, cost structure, and scope of service
are included in the contract. All language service
contracts are presented publicly at City Council
meetings and available for public comment.
Jestin D. Johnson, City Administrator
Subject: Equal Access to Services Annual Compliance Report Date: October 24, 2023 Page 4 of 10
Finance & Management Committee
October 24, 2023
3. Interpretation Of Oral Communications
3. (a) Bilingual Employee
The City is committed to hiring bilingual employees in Public Contact Positions (PCP) and/or contracting with qualified vendors to timely and adequately serve LEP interacting with the City.
PCP is defined as “a position, whether of a clerical, service, professional or sworn nature, that emphasizes greeting, meeting, contact, or provision of information and/or services to the public in the performance of the duties of that position.” Bilingual employees help bridge communication gaps and create a more diverse service environment. There are 2,308 PCP in the City, of which 369 positions are filled with bilingual English/Spanish speaking employees, and 116 positions are filled with bilingual English/Chinese speaking employees. Bilingual PCPs accounted for 21% of all PCPs who routinely work with the public.
Chart 4:
Citywide Assessment FY 2022-23
SPANISH-
SPEAKING
CHINESE-
SPEAKING
# of
Multilingual
Phonic
Message
DEPARTMENTS FTE PCP BPCP % BPCP %
MINIMUM GOAL 11% 5%
3 ANIMAL SERVICES 21 15 3 20% 1 7% 0
CITY ADMINISTRATOR 59 27 4 15% 3 11% 2
CITY ATTORNEY 80 9 1 11% 1 11% 1
CITY AUDITOR 8 4 0 0% 0 0% 1
CITY CLERK 16 4 1 25% 1 25% 1
CITY COUNCIL 41 39 4 10% 0 0% 2
COMMUNITY POLICE REVIEW 16 14 2 14% 2 14% 1
ECONOMIC WORKFORCE 67 13 5 38% 3 23% 1
FINANCE 147 52 8 15% 4 8% 1
FIRE 576 476 52 11% 9 2% 6
HOUSING 60 36 7 19% 5 14% 3
HUMAN RESOURCES 49 2 1 50% 1 50% 3
HUMAN SERVICES 246 105 15 14% 5 5% 5
INFORMATION TECH 70 0 0 n/a 0 n/a n/a
MAYOR 11 10 1 10% 1 10% 0
OFFICE OF INSPECTOR GENERAL 6 1 0 0% 0 0% 0
PARKS RECREATION & YOUTH 232 213 12 6% 0 0% 17
PLANNING & BUILDING 160 98 16 16% 9 9% 5
POLICE 1,036 893 137 15% 30 3% 6
POLICE COMMISSION 2 1 1 100% 0 0% 0
PUBLIC WORKS 717 25 4 16% 3 12% 6
PUBLIC ETHICS COMMISSION 6 2 1 50% 0 0% 0
PUBLIC LIBRARY 267 145 72 50% 31 21% 9
RACE & EQUITY 4 0 0 n/a 0 n/a 5
TRANSPORTATION 419 93 15 16% 6 6% 3
VIOLENCE PREVENTION 32 21 5 24% 0 0% 1
WORKFORCE & EMPLOYMENT 15 10 2 20% 1 10% 0
TOTAL 4,363 2,308 369 16% 116 5% 79
Data in this report is analyzed based on the Full Time Equivalent (FTE) for all positions.
FTE = Full Time Equivalent BPCP = Bilingual Public Contact Position PCP = Public Contact Position = Area of concern n/a = Not applicable due to zero public contact position or no public contact
Jestin D. Johnson, City Administrator
Subject: Equal Access to Services Annual Compliance Report Date: October 24, 2023 Page 5 of 10
Finance & Management Committee
October 24, 2023
Chart 4 shows the Citywide status of the provision of bilingual employees and multilingual telephonic messages across departments. Areas of concern are noted in the chart. Chart 5 plots out the number of bilingual PCP employees reported since FY2010-11, where specific instructions on selective certification is provided through Administrative Instruction 145. Data shows an overall upward trend, however, data appears to trend downward for the last two fiscal years. City ordinance requires department that does not have sufficient bilingual public contact position employees to apply for selective certification in the hiring process. Any exceptions that deviate from ordinance provisions are to be reported to the Finance and Management Committee. During FY 2022-23, selective certifications hiring exemptions were requested by the Fire department and granted by the Office of the City Administrator on the following job openings: Hazardous Materials Specialist, Fire Communication Dispatcher, Hearing Officer, Fire Inspector (Civilian), Emergency Medical Technician, Community Intervention Specialist, and Public Information Officer I.
Chart 5: Bilingual Employees Working at Public Contact Locations
3. (b) Over-the-Phone Interpretation Service & Contracted Language Partners
The City’s Equal Access Office is contracted with four language service companies to provide language services. One of the contracted services is over-the-phone interpretation. City employees have access to over-the-phone interpreters 24/7 to quickly reach an interpreter.
Chart 6: Top Languages Requested for Interpretation
Over-the-Phone Interpreter Pre-scheduled Interpreter
Spanish 49% Spanish 48% Cantonese 26% Cantonese 33% Mandarin 17% Mandarin 11% Vietnamese 3% Vietnamese 3% Korean 2% Korean 0% Other 3% Other 5%
0 50
100
150
200
250
300
350
400
450
500
2010-112011-122012-132013-142014-152015-162016-172017-182018-192019-202020-212021-222022-23 Spanish speaking
PCP employee
Chinese speaking
PCP employee
Jestin D. Johnson, City Administrator
Subject: Equal Access to Services Annual Compliance Report Date: October 24, 2023 Page 6 of 10
Finance & Management Committee
October 24, 2023
The total number of professional pre-scheduled interpretation hours provided equals 720 hours.
In comparison, 354 hours were provided in the prior year. This indicates a 103% increase in service usage. One major factor is the provision of simultaneous interpretation at City Council meetings. During FY 2022-23, interpretations provided at Council meetings totaled 419 hours of usage. This service greatly improved access to City Council meetings by LEP persons, broke down language barriers, and increased civic engagement opportunities.
Chart 7: Two-Year Comparison of Professional Interpretation: 103% Increase
3. (c) Multilingual Telephonic Messages
City policy asks that departments maintain telephonic messages in threshold LEP language(s) that cover basic information such as its operation, business hours, and service availability. 79 telephone numbers are reported this year equipped with multilingual messages. Details are included in the departmental reports in (Attachment A).
4. Translation Of Materials
The City arranges for the translation of written materials into languages spoken by threshold LEP language groups and into LEP language groups upon request. Much of the materials translated are intended for public dissemination, such as vital documents. Vital Document refers to written information that contains information critical for obtaining City services and/or benefits.
Examples include applications, intake forms, complaint forms, posters, and fact sheets. Vital documents are reported in the individual departmental report in (Attachment A). There are other documents being translated throughout the year. These could be translations requested by the public or letters prepared for one particular individual, or letters received by the City. The Equal Access Office functions as a central hub taking in service requests from all City departments and providing necessary coordination with Language Access Coordinators. A total of 511 translated materials were produced through the Equal Access Office this year. This count does not include any City department that uses its internal bilingual employee, contracted consultant, or services provided by community partners for written translations.
0 100 200 300 400 500 600 700 800
FY 2021-22
FY 2022-23
Jestin D. Johnson, City Administrator
Subject: Equal Access to Services Annual Compliance Report Date: October 24, 2023 Page 7 of 10
Finance & Management Committee
October 24, 2023
The global pandemic of Covid-19 impacted many
areas of our lives. It also made a big impact on our
language services.
Because of the global pandemic of COVID-19, and
the need for the City to issue health advisories and
other important information to the public, translations produced jumped by 121% as compared to the pre-
pandemic year. The number is gradually coming
down since FY 2019-20 and returned to a level
similar to pre-pandemic time.
Expedited or rush translation service became
available in 2016 after the terms were added to a
contract agreement with professional language
service companies contracted with the City of
Oakland. Prior to that, the standard translation
turnaround time is two weeks. The contractual
change improves efficiency and makes it possible for
two business days turnaround for urgent or time-
sensitive documents. Service usage started low.
Rush service was used only a few times pre-
pandemic. However, the Equal Access Office
experienced a 471% increase in the demand for rush
translation service in FY 2019-20. Important health
advisories need to be disseminated timely. Notices
stating disruption and changes to City services are
also important to reach the community as quickly as
possible. The number seems to be coming down.
Yet, FY 2022-23 totaled 98 rush requests, which is
still a 216% increase as compared to FY 2018-19.
5. Training, Resources & More
The City of Oakland has a robust employee training program and has fostered a culture for building equity and inclusion. Over a dozen classes are offered each month, in addition to hundreds of on-demand virtual classes. All employees receive language access training and resources during new employee orientation. Supervisors receive information during supervisor academy training. A Frequently-Asked-Question (FAQ) page is disseminated at all language access trainings. Language Access Coordinators meet and review compliance items annually.
The “I-speak” card or language list is embedded into our compliance poster. Compliance poster is available in poster size, regular size, desktop size with easel, and digital version. Over-the- phone dialing instruction is available in print and in digital format. Materials are available for pick up at the Equal Access Office. Citywide language access survey is conducted biennially.
The next survey is scheduled for 2024.
0 200
400
600
800
1000
1200
2018-19 2019-20 2020-21 2021-22 2022-23
Chart 8:Translation Produced in A 5-Year Period
121%
0 20
40 60
80 100
120
140
160
180
200
2018-19 2019-20 2020-21 2021-22 2022-23
Chart 9:Rush Requests in A 5-Year Period
471%
Jestin D. Johnson, City Administrator
Subject: Equal Access to Services Annual Compliance Report Date: October 24, 2023 Page 8 of 10
Finance & Management Committee
October 24, 2023
Total number of language access complaints received is 0. The compliance poster includes information about the right to file a complaint, and the message is shown in multiple languages.
The total number of bilingual language fluency tests administered is 111. The City of Oakland continues to support bilingual employees by administrating bilingual tests and verifying language skills. As of pay period ending June 23, 2023, 568 City employees receive bilingual pay.
Equal Access office assess internal language services structure and expenditures. Information provides insight for the City’s budget planning for the next budget cycle. Citywide expenditures summarize expense records collected from multiple City departments.
Chart 10: Language Service Expenditures FY 2022-23
Professional Pre-Scheduled Interpretation $ 203,590 Over-the-Phone Interpretation* $ 105,752 Professional Translation $ 98,846 Bilingual Test Testing Fee $ 5,920 Bilingual Pay $ 706,226
Total Citywide Expenditures $ 1,120,334 *OFD data not included
Chart 10: Citywide Training FY 2022-23
Monthly New Employee Orientation – Language Access Training Quarterly Supervisor Academy - Language Access Training Annual Language Access Coordinator Meeting
Other Citywide Training Related to Inclusion, Race, Equity and Equal Access FY 2022-23:
A Guide for Healthy Communications
ADA in a Nutshell: The TAKEAWAY for Managers
Administrative Instruction #580 City Race and Equity
Administrative Instruction #71 Equal Employment Opportunity/Anti-Discrimination/Non-Harassment Policy Bilingual Certification - Administrative Instruction 558 (AI - 558) Bilingual Pay Process Review Training (New form)
Engaging with an ADA / Language Access Lens - (Inclusive Accessibility Training) Equity 101
Gender Inclusion Policy AI #73 and Inclusive Language Training HRM Equity Lab: Immigration and Race
HRM Equity Lab: LGBTQ+ Community, Equity and Inclusion
Implicit Bias and Social Power
Implementing Equity
Inclusive Engagement, Accountability and Local Government Racial Equity Impact Analysis Training (REIA)
Reducing Bias and Cultivating Inclusion in the Workplace Results Based Accountability Workshop/ Racial Equity Impact Analysis Worksheet Title VI Civil Rights Act Training - City of Oakland
Working with People with Access and Functional Needs (PAFN) Jestin D. Johnson, City Administrator
Subject: Equal Access to Services Annual Compliance Report Date: October 24, 2023 Page 9 of 10
Finance & Management Committee
October 24, 2023
6. Conclusion
The City of Oakland recognizes its responsibility to ensure fairness, equal opportunity, and equity in all its programs, services, and activities. The intent of the City of Oakland Equal Access to Services Ordinance is to create a service environment where every customer receives the same quality of services regardless of English language proficiency. This annual review process continues to guide departments in developing practices required to meet the diverse population in Oakland and ensure that residents and visitors have full and equal access to City services. Every City department is asked to actively participate in this review process and submit a department compliance report. The city department review and confirm the availability of compliance posters, I-speak cards, vital document translations, multilingual telephonic messages, employee resources, and training.
Individual City departments’
compliance reports are attached to this agenda report as (Attachment A). The departmental Language Access Coordinator, in consultation with the department head, prepares the report.
This report summarized Citywide efforts and data for Fiscal Year 2022-23. City department is recommended to continue including LEP Language Groups in its overall public engagement strategies, including by (1) scheduling meetings at times and locations that are convenient and accessible for LEP communities; (2) using different meeting sizes and formats, (3) coordinating with community and faith-based organizations, educational institutions, and other organizations to implement public engagement strategies that reach LEP communities; and (4) using advertisements placed through radio, television, newspaper, online, and other forums that serve or reach LEP populations. The Equal Access Program office will continue to support City departments in its effort to engage all community groups, including the limited-English speaking population groups, in City programs.
FISCAL IMPACT
This is an informational report intended to provide an update on implementing the Equal Access to Services Ordinance. Acceptance of this report and its recommendations has no fiscal impacts or cost implications.
PUBLIC OUTREACH
No outreach was deemed necessary for the presentation of the information contained in this report beyond the standard City Council agenda noticing procedures.
COORDINATION
The Equal Access Unit of the Human Resources Management Department (HRM) coordinated the collection, compilation, and reporting of data with the Language Access Coordinators in each City department. Budget & the City Attorney’s Office were consulted in the preparation of this report.