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Civil Rights Plan

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COMPREHENSIVE CIVIL RIGHTS PLAN

Adams County, Colorado
4430 Adams County Parkway, Brighton, CO 80601

Updated June 2023

 

Contacts

Civil Rights
Adams County Civil Rights Coordinator
4430 South Adams County Parkway, Suite C5000B, Brighton, CO 80601-8206
Phone: 720.523.6325
Fax: 720.523.6114
Email: [email protected] | Adams County TTY: 720.523.6044 | Website: adcogov.org

ADA
Adams County ADA/504/1557 Coordinator
4430 South Adams County Parkway, Suite C5000B, Brighton, CO 80601-8206
Phone: 720.523.6882 or 720.523.6116
Fax: 720.523.6114
Email: [email protected] | Adams County TTY: 720.523.6044
adcogov.org/americans-disabilities

Purpose and Policy

Adams County prohibits discrimination or harassment because of race, color, national origin, ancestry, religion, creed, sex, sexual orientation, gender expression, gender identity, age, disability, genetic information, veteran status, or any other legally protected characteristic. It is the policy of Adams County to ensure that all program benefits and services are provided to eligible individuals without discrimination and in compliance with civil rights laws.

Adams County is an equal opportunity employer. The County is committed to complying with all applicable federal, state and local laws. Adams County expects all employees to adhere to and cooperate with the principles of equal employment opportunity (“EEO”).

This policy of EEO and anti-discrimination applies to all aspects of the relationship between the County and its employees, including recruitment, employment, promotion, transfer, training, working conditions, termination, wages and salary administration, and employee benefits. The policies and principles of EEO also apply to the selection and treatment of independent contractors, personnel working on County premises who are employed by temporary agencies and any other persons doing business for or with the County. The County will not tolerate illegal discrimination or harassment between its coworkers, supervisors and/or managers, customers or vendors.

Legal Authorities

  • Federal
    • Title VI of the Civil Rights Act of 1964
    • Section 504 and Section 508 of the Rehabilitation Act of 1973
    • Americans with Disabilities Act of 1990
    • The Civil Rights Restoration Act of 1987
    • Age Discrimination Act of 1975
    • 28 C.F.R § 42.410, 45 C.F.R. § 84.7
    • All related statutes and regulations in all programs and activities
  • State
    • 10 CCR 2505-5 1.020.7
    • 10 CCR 2505-5 1.020.11
    • 10 CCR 2505-5 1.020.6
    • C.R.S. 24-34-401 et seq.
    • C.R.S. 24-34-604

Civil Rights Contact Person

Dennis Swain
[email protected]

Civil Rights Complaint Process

A.  Employees

  1. Employees wishing to file a civil rights complaint must follow the same procedure as outlined in the employee manual in policy 1.2. The employee manual can be found on the Adams County Website.

B)   Non-Employees

  1. How a complaint may be submitted:
    1. General complaints
      1. The County’s general complaint procedure varies depending on the nature of the complaint and whether the complainant is a member of the public or an employee.
      2. General Complaint procedures for both employees and the public may be found on the County’s website at www.adcogov.org.
    2. Civil Rights Complaint
      1. Individuals may submit a discrimination or civil rights complaint to the County or directly to the state or federal government.
        1. Adams County’s Civil Rights/Non-Discrimination Process
      2. Complaint form may be found on www.adcogov.org
        1. Complaint may be submitted to [email protected]
        2. State Department’s Civil Rights Complaint Process
          1. HCPF Civil rights Complaint
            1. Complaint Form
            2. Complaint may be submitted to: [email protected]
          2. Colorado Civil Rights Division
            1. Complaint Form
            2. Email Contact: [email protected]
        3. Federal Government Complaint Process
          U.S. Department of Health and Human Services Office for Civil Rights
          1961 Stout Street, Room 08-148
          Denver, CO 80294-3538
          Voice Phone: 800.368.1019
          FAX: 202.619.3818
          TDD: 800.537.7697
          Email: [email protected]
           
  2. Complaint Process
    1. Complaints must be filed within 60 days from the act of the alleged discrimination. In recognition of the fact that complaints may vary in kind and complexity, the County Department should conduct an investigation appropriate to each complaint. Investigative procedures will depend on the nature and extent of the discrimination alleged and the context in which the alleged incidents occurred. Appropriate investigative procedures may include informal review or a formal investigation. Investigations should be conducted in a timely manner.
    2. An informal review must be completed within sixty (60) calendar days.
    3. A formal investigation must be completed within one hundred twenty (120) calendar days of receipt of the complaint.
    4. The Civil Rights Coordinator shall maintain the confidentiality of all files and records of any complaint unless disclosure is authorized or required by law. The entire record shall be maintained for a period of three years. Filing a complaint with the Civil Rights Coordinator does not preclude a complainant from filing a complaint or seeking relief from any other federal or state agency with jurisdiction over such matters.
       
  3. Conflicts of Interest
    1. The individual who had a complaint received against them cannot be the individual conducting the investigation. If there is a potential conflict of interest and the conflict cannot be resolved by assigning the investigation to a different Adams County Department or Office, the investigation will be handled by a neighboring county.
       
  4. Participation by the complainant
    County Departments and recipients of services are expected to cooperate in all phases of an investigation and ensuing actions. Retaliation against the person filing the complaint or persons participating or cooperating in the Investigation is prohibited by federal law.
     
  5. Results of the Investigation
    1. The complainant and the person against whom the allegation was made will be informed of the completion of the investigation and whether the allegations were substantiated.
    2. Once an investigation is completed, the Civil Rights Contact Person will notify the applicant, member, and/or individual that submitted the complaint in writing, via certified mail and email, within three (3) business days of the investigation being completed.
      1. If a complaint of discrimination or civil rights violation is investigated by the agency and the investigation finds that the complaint is founded within a program that is governed under the Department of Health Care Policy and Financing (The Department), Adams County will notify The Department and take all necessary steps to correct the violation.
  6. Tracking of investigations
    1. All complaints will be tracked by the Civil Rights Contact Person using the Agency’s Civil Rights Complaint Log. Complaints will be tracked with the outcome of both formal and informal investigations (founded or unfounded),
      process changes that were implemented based on the result of the investigation, and training provided as a result of the investigation’s outcome. The complaint log will be used to monitor the progress of investigations to ensure timelines are followed.
      1. Complaint log data involving HCPF programs will be submitted to the Department (using the County Relations webform ticket https://hcpfdev.secure.force.com/HCPFCountyRelations) on a biannual basis (July 31st and January 31st of each year) with the first submission being January 31, 2024.|
         
  7. Implementation of business process changes or trainings to address complaints received
    1. Adams County will continue to evaluate business processes based on complaints received and trainings will be implemented as needs arise.
    2. For founded complaints involving HCPF programs:
      1. If the Department receives or is notified of a complaint of discrimination against the county, or the county, through its own investigation of a civil rights or discrimination complaint, and the complaint is founded and an applicant, member or individual was found to be discriminated against by the county or its staff, the Department will initiate corrective actions as specified in 10 CCR 2505-5 1.020.11 until the Adams County rectifies the issue.
      2. The Department must be provided with a detailed description of actions taken and modifications made to correct the violation within three (3) calendar days from the completion of the investigation. This information will be sent using the County Relations Webform Ticket or via email [email protected]. Upon receipt of the agency’s investigation findings and description of its corrective action, the Department will work with the agency on any additional required steps.
  8. Appeal Process
    1. At the time of notifying the applicant, member and/or the individual that submitted the complaint of the results of the investigation, they will also be notified of the right to appeal the initial decision rendered by Adams County. Applicants, members and/or the individuals who submitted a complaint shall notify the Civil Rights Contact Person, in writing, of their intent to appeal a decision within thirty (30) calendar days of any decision made. This appeal will be reviewed by a different decision maker within Adams County who was not involved in the initial investigation or determination.
    2. Appeal decisions must be rendered within fifteen (15) calendar days of appeal being received. All decisions shall be in writing and provided to the Civil Rights Contact Person, the applicant, the member, and/or the individual who submitted the complaint, and the Department. The Civil Rights Contact Person must update the Civil Rights Complaint Tracking log with the outcome of the appeal.
    3. The applicant, member or individual who submitted the complaint will not be retaliated against for their submission of a complaint, nor will a member’s benefits be terminated for submitting a complaint.

Civil Rights Plan Administration

  1. Agency staff appointed to fulfill duties relating to the administration of Medical Assistance and who have direct contact with applicants and members or who supervise those who have direct contact with applicants and/or members are required to complete annual State Civil Rights and Nondiscrimination training provided by the Staff Development Division (SDD). 100% of the agency’s staff must complete the required training on an annual basis. Failure to complete the training annually may result in loss of access to the Colorado Benefits Management System (CBMS). The Agency Civil Rights Contact Person shall maintain tracking of training completion by staff on the agency training spreadsheet.
     
  2. The Civil Rights Contact Person will conduct, as needed, training to staff based on complaint referrals received by the agency and when investigations on complaints determine that there was a violation and/or founded discrimination. This training will be conducted to ensure that future occurrences of civil rights complaints are prevented to the best of the staff members ability. The training will be tracked on the agency training spreadsheet and on the agency's Civil Rights Complaint log. Additional action may be taken including but not limited to staff performance improvement plan and termination.
     
  3. The general public, members, applicants and employees may contact the Civil Rights Contact person to request assistance regarding this policy. The Civil Rights Contact person’s information is provided at the beginning of this document.
     
  4. Public Posting
    1. The County’s Civil Rights Plan is available to the public on www.adcogov.org. County staff will be trained on how to access the Civil Rights Plan and how to make the Plan available upon request. The Civil Right’s Plan will be publicly posted in the customer lobbies of buildings that administer HCPF programs.
    2. The State’s nondiscrimination statement is available to the public on www.adcogov.org and will be publicly posted in the customer lobbies of buildings that administer HCPF programs.
       
  5. Retaliation
    1. Adams County prohibits retaliation against an employee for filing a complaint regarding illegal harassment or discrimination, for reporting a violation (or potential violation) of Adams County policy in good faith, or for assisting in an investigation. The initiation of harassment, discrimination, or retaliation complaints shall not affect any complainant’s conditions of employment, career development, or future business dealings with the County. This policy is codified in the Adams County Employee Manual in Policy 1.1(3).
    2. Any applicant or individual shall not be retaliated against for submission of a Civil Rights or discrimination complaint, per federal law.
       
  6. Accessibility
    1. Upon request, the County will provide, free of charge, appropriate and reasonable auxiliary aids and services to ensure that individuals with disabilities have an
      equal opportunity to participate in, and benefit from, the County’s programs, services, and activities. The County will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy. All notifications, including approvals or denials of requests for effective communication referenced in this policy, will be provided in an alternate format, upon request.
    2. Auxiliary Aids and Services:
      1. Auxiliary aids and services include a wide range of services and devices that promote effective communication for people with disabilities. The type of auxiliary aid or service necessary to ensure effective communication will vary in accordance with the length and complexity of the communication involved.
        1. For people who are deaf, have hearing loss or are deaf-blind, examples of appropriate auxiliary aids and services may include, but are not limited to, a qualified sign language interpreter, oral interpreter, cued-speech interpreter, tactile interpreter, note- takers, computer-aided transcription services, written materials, telephone handset amplifiers, assistive listening systems, telephones compatible with hearing aids, real-time captioning, closed caption decoders, open and closed captioning, videophones, captioned telephones, telecommunications devices for deaf persons (TTYs), videotext displays, and exchange of written notes.
        2. For people who are blind, have vision loss, or are deaf-blind, examples of appropriate auxiliary aids and services may include, but are not limited to, a qualified reader, taped texts, optical readers, audio recordings, printed information in Braille, large print materials, screen reader software or text magnification software to make computer displays accessible, or assistance in locating items.
        3. For people who have speech disabilities, examples of appropriate auxiliary aids and services may include, but are not limited to, a qualified speech-to-speech transliterator (a person trained to recognize unclear speech and repeat it clearly), computer terminals, speech synthesizers, and communication board.
    3. Qualified interpreters:
      1. The term “qualified interpreter” means an interpreter who, via an on-site appearance or a video remote interpreting (VRI) service, is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any specialized terminology necessary for effective communication with an individual who is deaf or hard of hearing or who has a speech impairment. The term “qualified interpreter” includes, for example, sign language interpreters, oral translators, or cued-language translator.
    4. Telephone communications:
      1. Departments and offices that have regular and direct contact with the general public via the telephone should ensure communication is equally accessible and effective to people who are deaf, hard of hearing and/or speech impaired by providing telecommunication access.
      2. If telephone relay services are used (i.e., TTY), County staff should respond to all telephone calls from a telecommunications relay service, in the same manner that they respond to other telephone calls in the normal course of business. The TTY number for the Adams County Government Center is: 720.523.6044.
    5. Requests for Effective Communication:
      1. All requests for auxiliary aids and services must be submitted in writing to the Adams County ADA Coordinator using the “Auxiliary Aids and Service Request Form.” and must be received by the ADA Coordinator a minimum of two (2) weeks prior to the date the service is needed. If, in emergency circumstances, an auxiliary aid or services is requested less than two (2) weeks prior to the date the service is needed, the County will take reasonable steps to secure the requested auxiliary aid or service to the extent possible.
      2. The “Auxiliary Aids and Service Request Form” is available on the County website. Individuals may contact the Adams County ADA Coordinator directly to discuss alternate methods for completing the request.
      3. In determining which type(s) of auxiliary aids and/or services to provide, the County will give “primary consideration” to the request of the individual with a disability. “Primary consideration” means that the County will honor the individual’s request unless it can demonstrate that another equally effective means of communication is available, or that use of the means chosen would result in a fundamental alteration in the service, program, or activity or in undue financial and administrative burdens.
      4. Upon notification of a request, County staff may consult with the individual with a disability to determine the most appropriate auxiliary aid or service to meet their needs. The County will endeavor to respond promptly to requests for auxiliary aids and services so that delays in responding do not deny individuals with disabilities an equal opportunity to participate in, and benefit from, the County’s programs, services and activities.
    6. Personal Devices
      1. The County will not provide individuals with disabilities with personal or individually prescribed devices, such as: wheelchairs; individually prescribed devices, such as prescription eyeglasses or hearing aids; readers for personal use or study; or services of a personal nature including assistance in eating, toileting, or dressing.
    7. Language Assistance
      1. Adams County will make all reasonable efforts to assist persons whose first language is not English.