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6-8.10   Severability Clause.
   Each of the provisions and Subsections of this Section are severable. If any of its provisions, Sections or Subsections shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, the decisions of such court shall not affect or impair any of the remaining provisions, Sections or Subsections.
(CBC 1985 6-8.10; Ord. 2013 c. 9)
6-9   DEPARTMENTAL REVOLVING FUNDS.
6-9.1   Purpose.
   This Section establishes and authorizes revolving funds for use by City Departments, Boards, Committees, Agencies or Officers in connection with the operation of programs or activities that generate fees, charges or other receipts to support all or some of the expenses of those programs or activities. These revolving funds are established under and governed by M.G.L. Chapter 44, Section 53E½.
(CBC 1985 6-9.1; Ord. 2017 c. 2)
6-9.2   Expenditure Limitations.
   A Department or Agency Head, Board, Committee or Officer may incur liabilities against and spend monies from a revolving fund established and authorized by this Section without appropriation subject to the following limitations.
   (A)   Fringe benefits of full-time employees whose salaries or wages are paid from the fund shall also be paid from the fund, except for those employed as school bus drivers.
   (B)   No liability shall be incurred in excess of the available balance of the fund.
   (C)   The total amount spent during a fiscal year shall not exceed the amount authorized by the Boston City Council on or before July 1 of that fiscal year, or any increased amount of that authorization that is later approved during that fiscal year by the Mayor and City Council.
(CBC 1985 6-9.2; Ord. 2017 c. 2)
6-9.3   Interest.
   Interest earned on monies credited to a revolving fund established by this Section shall be credited to the General Fund.
(CBC 1985 6-9.3; Ord. 2017 c. 2)
6-9.4   Procedures and Reports.
   Except as provided in M.G.L. Chapter 44, Section 53E½ and this Section, the laws, charter provisions, ordinances, rules, regulations, policies or
procedures that govern the receipt and custody of city monies and the expenditure and payment of city funds shall apply to the use of a revolving fund established and authorized by this Section. The City Auditor shall include a statement on the collections credited to each fund, the encumbrances and expenditures charged to the fund and the balance available for expenditure in the regular report the city auditor provides the Department, Board, Committee, Agency or Officer on appropriations made for its use.
(CBC 1985 6-9.4; Ord. 2017 c. 2)
6-9.5   Authorized Revolving Funds.
   (A)   Public Art Revolving Fund.
      (1)   Fund name. There shall be a separate fund called the Public Art Revolving Fund authorized for use by the Mayor’s Office of Arts and Culture.
      (2)   Revenues. The City Auditor shall establish the Public Art Revolving Fund as a separate account and credit to the fund the revenue received from easements within the public way granted by the Public Improvement Commission.
      (3)   Purposes and expenditures. During each fiscal year, the Mayor’s Office of Arts and Culture may incur liabilities against and spend monies from the Public Art Facilities Revolving Fund for purchasing goods and services to support public art to enhance the public realm throughout the city.
      (4)   Fiscal years. The Public Art Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
   (B)   Strand Theatre Revolving Fund.
      (1)   Fund name. There shall be a separate fund called the Strand Theatre Revolving Fund authorized for use by the Mayor’s Office of Arts and Culture.
      (2)   Revenues. The City Auditor shall establish the Strand Theatre Revolving Fund as a separate account and credit to the fund the revenue derived from rental fees for the use of the Strand Theatre charged and received by the Mayor’s Office of Arts and Culture.
      (3)   Purposes and expenditures. During each fiscal year, the Mayor’s Office of Arts and Culture may incur liabilities against and spend monies from the Strand Theatre Revolving Fund for expenses related to the operations of the Strand Theatre.
      (4)   Fiscal years. The Strand Theatre Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
   (C)   City Hall Child Care Revolving Fund.
      (1)   Fund name. There shall be a separate fund called the City Hall Child Care Revolving Fund authorized for use by the Boston Centers for Youth and Families Department.
      (2)   Revenues. The City Auditor shall establish the City Hall Child Care Revolving Fund as a separate account and credit to the fund the revenue from tuition payments received from parents of children in the program charged and received by the Boston Centers for Youth and Families Department.
      (3)   Purposes and expenditures. During each fiscal year, the Boston Centers for Youth and Families Department may incur liabilities against and spend monies from the City Hall Child Care Revolving Fund to pay salaries and benefits of employees and to purchase supplies and equipment necessary to operate the City Hall Child Care.
      (4)   Fiscal years. The City Hall Child Care Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
   (D)   Boston Public School Transportation Revolving Fund.
      (1)   Fund name. There shall be a separate fund called the Boston Public School Transportation Revolving Fund authorized for use by the Boston Public School Department.
      (2)   Revenues. The City Auditor shall establish the Boston Public School Transportation Revolving Fund as a separate account and credit to the fund the revenue received by the Boston Public School Department for the provision of transportation to groups and entities for field trips and activities other than transportation to and from school.
      (3)   Purposes and expenditures. During each fiscal year, the Boston Public School Department may incur liabilities against and spend monies from the Boston Public School Transportation Revolving Fund for Boston Public School Transportation, including bus and public transportation costs.
      (4)   Fiscal years. The Boston Public School Transportation Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
   (E)   Boston Public School Facilities Revolving Fund.
      (1)   Fund name. There shall be a separate fund called the Boston Public School Facilities Revolving Fund authorized for use by the Boston Public School Department.
      (2)   Revenues. The City Auditor shall establish the Boston Public School Facilities Revolving Fund as a separate account and credit to the fund receipts from lease, permit for use and parking fees charged and received by the Boston Public School Department.
      (3)   Purposes and expenditures. During each fiscal year, the Boston Public School Department may incur liabilities against and spend monies from the Boston Public School Facilities Revolving Fund to repair and maintain Boston Public School facilities, including custodial and utility costs for extended building time, floor refinishing, landscaping and building repairs.
      (4)   Fiscal years. The Boston Public School Facilities Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
   (F)   Boston Public School Technology Revolving Fund.
      (1)   Fund name. There shall be a separate fund called the Boston Public School Technology Revolving Fund authorized for use by the Boston Public School Department.
      (2)   Revenues. The City Auditor shall establish the Boston Public School Technology Revolving Fund as a separate account and credit to the fund the revenue derived from equipment sales and repair fees charged and received by the Boston Public School Department.
      (3)   Purposes and expenditures. During each fiscal year, the Boston Public School Department may incur liabilities against and spend monies from the Boston Public School Technology Revolving Fund for repairs and purchase of BPS computer technology including computers, mobile devices and instructional software.
      (4)   Fiscal years. The Boston Public School Technology Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
   (G)   Distributed Energy Resource Revenue Revolving Fund.
      (1)   Fund name. There shall be a separate fund called the Distributed Energy Resource Revenue Revolving Fund authorized for use by the Environment Department.
      (2)   Revenues. The City Auditor shall establish the Distributed Energy Resource Revenue Revolving Fund as a separate account and credit to the fund the revenue derived from:
         (a)   The sale of solar renewable energy certificates produced by city photovoltaic arrays;
         (b)   The sale of alternative energy certificates produced by School Department combined heat and power units; and
         (c)   Demand response program revenues earned by School Department combined heat and power units charged and received by the Environment Department.
      (3)   Purposes and expenditures. During each fiscal year, the Environment Department may incur liabilities against and spend monies from the Distributed Energy Resource Revenue Revolving Fund to:
         (a)   Purchase offsets of greenhouse gas emissions which shall be associated with a portion of the electricity consumed by the city annually;
         (b)   Monitor, operate and maintain existing city and School Department photovoltaic arrays; and
         (c)   Monitor, operate and maintain School Department combined heat and power units.
      (4)   Fiscal years. The Distributed Energy Resource Revenue Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
   (H)   Animal Control Revolving Fund.
      (1)   Fund name. There shall be a separate fund called the Animal Control Revolving Fund authorized for use by the Parks and Recreation Department.
      (2)   Revenues. The City Auditor shall establish the Animal Control Revolving Fund as a separate account and credit to the fund fees and fines generated from enforcement actions and registrations charged and received by the Parks and Recreation Department.
      (3)   Purposes and expenditures. During each fiscal year, the Parks and Recreation Department may incur liabilities against and spend monies from the Animal Control Revolving Fund to reimburse City Agencies for administrative costs of enforcing Subsection 16-1.9(A) and (B) and for costs associated with registration and licensing (of dogs) with fees and fines generated from enforcement actions and registrations.
      (4)   Fiscal years. The Animal Control Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
   (I)   Third Party Property Damages Revolving Fund.
      (1)   Fund name. There shall be a separate fund called the Third Party Property Damages Revolving Fund authorized for use by the Law Department.
      (2)   Revenues. The City Auditor shall establish the Third Party Property Damages Revolving Fund as a separate account and credit to the fund receipts from recoveries for damages to city property caused by third parties charged and received by the Law Department.
      (3)   Purposes and expenditures. During each fiscal year, the Law Department may incur liabilities against and spend monies from the Third Party Property Damages Revolving Fund for purchasing goods and services to pay for repairs to city property.
      (4)   Fiscal years. The Third Party Property Damages Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
   (J)   City Hall Plaza Revolving Fund.
      (1)   Fund name. There shall be a separate fund called the City Hall Plaza Revolving Fund authorized for use by the Mayor’s Office of Tourism.
      (2)   Revenues. The City Auditor shall establish the City Hall Plaza Revolving Fund as a separate account and credit to the fund the revenue derived from rental of City Hall Plaza per Subsection 11-7.14.
      (3)   Purposes and expenditures. During each fiscal year, the Mayor’s Office of Tourism may incur liabilities against and spend monies from the City Hall Plaza Revolving Fund to purchase goods and services to support events and programming on and around City Hall Plaza to advance tourism and promote participation in public celebrations, civic and cultural events.
      (4)   Fiscal years. The City Hall Plaza Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
   (K)   Police Academy Revolving Fund.
      (1)   Fund name. There shall be a separate fund called the Police Academy Revolving Fund authorized for use by the Boston Police Department.
      (2)   Revenues. The City Auditor shall establish the Police Academy Revolving Fund as a separate account and credit to the fund receipts of tuition and other fees paid by outside law enforcement agencies for training at the Boston Police Academy charged and received by the Boston Police Department.
      (3)   Purposes and expenditures. During each fiscal year, the Boston Police Department may incur liabilities against and spend monies from the Police Academy Revolving Fund to purchase training equipment, certify instructors, update facilities and provide funds for other training needs not otherwise budgeted.
      (4)   Fiscal years. The Police Academy Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
   (L)   Canine Revolving Fund.
      (1)   Fund name. There shall be a separate fund called the Canine Revolving Fund authorized for use by the Boston Police Department.
      (2)   Revenues. The City Auditor shall establish the Canine Revolving Fund as a separate account and credit to the fund tuition and other fees paid by outside law enforcement agencies for training with the Canine Unit at the Boston Police Department Special Operations Division charged and received by the Boston Police Department.
      (3)   Purposes and expenditures. During each fiscal year, the Boston Police Department may incur liabilities against and spend monies from the Canine Revolving Fund for purchasing training equipment, certifying instructors, updating facilities to support its Canine Unit training programs for Officers and Police dogs for non-City of Boston law enforcement agencies, and providing funds for other training needs.
      (4)   Fiscal years. The Canine Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
   (M)   Fitness Center Revolving Fund.
      (1)   Fund name. There shall be a separate fund called the Fitness Center Revolving Fund authorized for use by the Boston Police Department.
      (2)   Revenues. The City Auditor shall establish the Fitness Center Revolving Fund as a separate account and credit to the fund the revenue derived from monthly membership fees charged and received by the Boston Police Department.
      (3)   Purposes and expenditures. During each fiscal year, the Boston Police Department may incur liabilities against and spend monies from the Fitness Center Revolving Fund to pay salaries and benefits of employees and to purchase supplies and equipment necessary to operate the Police Department Fitness Center.
      (4)   Fiscal years. The Fitness Center Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
   (N)   Hackney Revolving Fund.
      (1)   Fund name. There shall be a separate fund called the Hackney Revolving Fund authorized for use by the Boston Police Department.
      (2)   Revenues. The City Auditor shall establish the Hackney Revolving Fund as a separate account and credit to the fund a one-time $75 new applicant fee that drivers pay for Hackney Carriage Driver Training Class charged and received by the Boston Police Department.
      (3)   Purposes and expenditures. During each fiscal year, the Boston Police Department may incur liabilities against and spend monies from the Hackney Revolving Fund for purchasing, leasing or renting space, materials and equipment to be partially or wholly used for instructional purposes for new hackney carriage driver applicants and provide funds for other educational needs.
      (4)   Fiscal years. The Hackney Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
(CBC 1985 6-9.5; Ord. 2017 c. 2; Ord. 2018 c. 3 §§ 1, 2, 3, 4; Ord. 2019 c. 4 § 1)
6-10   LANGUAGE AND COMMUNICATIONS.
6-10.1   Establishing Language and Communications Access for City Services.
   (A)   Establishment of the Office of Language and Communications Access. There shall be established in the city a Department known as the Office of Language and Communications Access (hereafter known as the “OLCA”) which shall be under the charge of an Officer known as the Director of Language and Communications Access (hereafter called “the Director”). The goal of OLCA is to create pathways for meaningful participation, by way of meaningful access for groups and individuals who speak a Language Other than English and/or have a disability. The OLCA will work to ensure that communities of all language and communications backgrounds are not seen as obstacles, but rather play a critical, centralized role in decision making.
   (B)   Responsibilities of the Director. The Director shall have direct responsibility for the organization, administration and operation of the Department, and potential Agencies included within the Department. The Director shall also have the ability to hire staff or contract out services as required in order to provide sufficient and culturally competent translation and interpretation services and assistive technology.
      (1)   The purpose of the OLCA will be to coordinate with each City Department’s OLCA Liaison to develop a comprehensive Departmental plan for how to accommodate people who speak languages other than English, people who cannot read in their native language and persons with disabilities, through culturally competent translation and interpretation services and assistive technology. OLCA will also review and audit existing plans and make recommendations for ways to improve a Department’s accountability, transparency and quality of services through a community-centered approach, which will include regular hearings, community conversations and surveys.
      (2)   The Director shall work with their staff and the community to create a set of mandatory communications access guidelines for City Departments and shall work with each Department head in the city to build off of those guidelines to create a specific communications access plan for their Department.
      (3)   The Department shall also work with external community members to help direct constituents to translation, interpretation and assistive technology. The Department will handle constituent concerns and complaints regarding the language and communications access services of any given Department.
   (C)   Department Language Access Plans. Every Department shall designate a OLCA Liaison whose job it shall be to serve as a liaison between their Department and the OLCA. On a biennial basis, each Department shall notice its Departmental plan—which may include what forms are translated, who the OLCA contact is, the goals and mission statements of the language access plan and the like—along with any necessary modifications and amendments made to the previous year’s plan to reflect the changing needs of their constituents. The plans will be sent to the Director of OLCA and an advisory committee which shall be composed of representatives from the Boston City Council, Office of Neighborhood Services, Mayor’s Office for Immigrant Advancement, Mayor’s Commission for Persons with Disabilities, Office of Fair Housing and Equity, the Department of Neighborhood Development, Office of Budget Management other public-facing City Departments as well as members of the City Language Volunteer Pool. Community organizations which address language and communications access shall also be invited to play a role in this audit. This committee will be organized by the Director of the OLCA and will serve as the centralized implementation entity for the Communications Access ordinance.
   (D)   Interpretation and translation requests.
      (1)   The staff of the OLCA, under the guidance of the Director, shall work with community organizations that champion language and communications access for individuals who speak a Language Other than English and/or persons with disabilities to define a set of guidelines for what culturally competent interpretation and translation looks like to be used by contracted interpretation/translation services.
      (2)   The OLCA will procure and manage any contracts for translating written documents, providing interpretation and assistive technology requested by City Departments. The staff of the OLCA will coordinate with the OLCA liaison from each Department to handle equipment, translation and interpretation requests, and serve as a liaison between City Departments in consultation with the Office for Immigrant Advancement in matters of language access and cultural competency, the Commission on Persons with Disabilities in matters of assistive technology and disability access, and other Departments.
   (E)   Annual review and online dashboard.
      (1)   Annual review. Each Department will undergo an annual review to evaluate expenses, performance and frequency of service delivery to persons who speak languages other than English and residents with disabilities. In addition to this review, there will be a survey for all residents of Boston on the city website in the city-wide Threshold Languages where constituents can rate and review their interactions with City Departments.
      (2)   Online dashboard. The OLCA shall create an online dashboard, accessible to people in the city-wide Threshold Languages which shall publish the results of the annual survey as well as the Departmental review. Each constituent-facing Department shall track usage and requests for translation, interpretation and assistive technology. Every public facing Department shall share their usage and request data with the OLCA in order to assess any changing language needs. Usage and request data shall also be published on the online dashboard. This dashboard will also contain each Department’s language access plans made available in the city-wide Threshold Languages. At the end of every calendar year, the OLCA shall submit a report to the City Clerk evaluating the results of the review. The City Clerk shall forward the report to the Mayor of the city and shall docket the report and include the docket on the agenda of the next-occurring meeting of the Boston City Council.
   (F)   Background.
      (1)   Title VI of the Civil Rights Act of 1964, being 42 U.S.C. §§ 2000d et seq., and its regulations require any program or activity receiving federal financial assistance to take reasonable steps to ensure “meaningful” access to the information and services they provide. Federal Executive Order 13166 “Improving Access to Services for Persons with Limited English Proficiency” (65 Fed. Reg. 50121) issued on August 11, 2000 clarifies the responsibility to ensure meaningful access to Limited English Proficient (“LEP”) persons by federally funded entities. Federal financial assistance includes grants, donations or use (rental) of federal property for the recipient at no cost or reduced cost. Under Title VI, a PROGRAM OR ACTIVITY and the term PROGRAM mean all of the operations of a Department, Agency or other instrumentality of a local government; or the entity of the local government that distributes such assistance and each such Department or Agency (and each other local government entity) to which the assistance is extended.
      (2)   Federal guidance directs federal recipients to conduct an individualized assessment through a four factor analysis to determine what steps recipients should reasonably take to provide meaningful access to LEP individuals. The four factors are:
         (a)   The number or proportion of LEP persons eligible to be served or encountered by the program;
         (b)   The frequency with which LEP individuals come in contact with the program;
         (c)   The nature and importance of the program or service to people’s lives; and
         (d)   Resources available to the recipient and costs.
      (3)   Each federal assistance-granting Agency has the responsibility to make more specific judgments in determining the circumstances and the specific requirements in conducting their Title VI compliance activities, including addressing the appropriate mix of written and oral language access assistance.
      (4)   Title II of the Americans with Disabilities Act of 1990, being 42 U.S.C. §§ 12131 et seq., covers state and local governments in requirements to communicate effectively with people who have communication disabilities. Covered entities must provide auxiliary aids and services when needed to communicate effectively with people who have communication disabilities. The key to communicating effectively is to consider the nature, length, complexity and context of the communication and the person’s normal method(s) of communication. The rules apply to communicating with the person who is receiving the covered entity’s goods or services as well as with that person’s parent, spouse or companion in appropriate circumstances.
   (G)   Definitions. For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ADULT ILLITERACY. The percentage of the population aged 15 years and over who cannot both read and write with understanding a short simple statement on their everyday life, as defined by UNESCO.
      ALTERNATIVE COMMUNICATION. Replacing or substituting spoken or written language with symbols, signing or spelling.
      AUDITORY ORAL DEAF/HARD OF HEARING. The auditory-oral approach to education teaches Deaf persons to use their residual hearing in combination with speech reading and contextual cues to better comprehend and use spoken language. Sign language is not used in this approach, but the person may instead use CART interpretation or captioning.
      BABEL NOTICE. A short notice included in a document or electronic medium in multiple languages informing the reader that the communication contains vital information and explaining how to request translations and other accessible formats for the document.
      CAPTIONING. The instantaneous translation of the spoken language translated into text and merged with a video signal for broadcast or projection.
      CITY VOLUNTEER INTERPRETER POOL. A pool consisting of volunteer city employees who fluently speak a language other than English for the purpose of providing informal interpretation, primarily through the phone, to non-English speaking constituents. Employees are permitted to provide interpretation during their normal working hours if they have obtained the prior approval of their supervisor. An employee’s participation in this pool is entirely voluntary and will not affect the employee’s compensation or status within the Department he or she is employed in the city and the failure to participate in the City Volunteer Interpreter Pool shall not, in any way, affect the employee’s employment or the conditions thereof.
      CITY-WIDE THRESHOLD LANGUAGE. Any language spoken by individuals of the Language Other Than English population totalling 5% of the population or 1,000 individuals, whichever is less, within the city.
      CONSTITUENT-FACING DEPARTMENTS. Any City Department that interacts with constituents, either through the provision of service, interactions in person or by telephone or through community meetings.
      COVERED ENTITY OR ENTITIES. Employers with 15 or more employees, employment agencies, labor organizations and joint labor-management committees.
      CULTURAL COMPETENCE. Any behavior or communication that effectively conveys information in a way that respects and accommodates a person’s lived experiences as it relates to their race, ethnicity, religion, national origin, economic status and language capabilities.
      DEAF. The lowercase deaf refers to the audiological condition of not hearing, and the uppercase Deaf refers to particular group of deaf people who share a language—American Sign Language (“ASL”)—and a culture.
      FINANCIAL CONSTRAINTS. Circumstances which impede the full and optimal level of allocated funding being utilized by a specific Department. Circumstances may include, but are not limited to, public health emergencies, economic recessions or the amount available in the Department’s LCA allocation.
      HARD OF HEARING. Mild-to-moderate hearing loss.
      INTERPRETATION. The oral communication of information from one language to another. This includes:
         (a)   FORMAL/PROFESSIONAL INTERPRETATION. The oral communication of information from one language into another mediated by an experienced, formally trained interpreter. FORMAL/PROFESSIONAL INTERPRETATION should be provided when the consequences of providing correct and accurate information or understanding information being provided by a City Agency or Official are such that the inability to accurately convey information, understand information or participate in a city process will substantially affect an individual’s rights; cause serious or life-threatening health implications; or substantially affect the individual’s ability to maintain or qualify for a city service or benefit. The city may further provide FORMAL/PROFESSIONAL INTERPRETATION when, in the opinion of the city, present or imminent circumstances call for the use of such interpretation;
         (b)   INFORMAL INTERPRETATION. The oral communication of information from one language into another mediated by a city-trained interpreter. INFORMAL INTERPRETATION can be provided to help constituents when the circumstances in division (a) above are not present;
         (c)   AMERICAN SIGN LANGUAGE (“ASL”). Interpreters use ASL signs, finger spelling and body language to enable communication between the deaf, hard of hearing and hearing communities;
         (d)   CONSECUTIVE INTERPRETATION. A mode of interpretation in which the speaker pauses every few sentences to allow the interpreter to orally communicate what has just been said into another language;
         (e)   SIMULTANEOUS INTERPRETATION. The oral communication of information from one language into another when the interpreter speaks at the same time as the speaker. Simultaneous interpretation equipment is often used in SIMULTANEOUS INTERPRETATION. The interpreter speaks into a transmitter to transmit the information to the audience who are equipped with receivers and earphones to hear the interpreter. SIMULTANEOUS INTERPRETATION allows information to be interpreted into one or more languages without lengthening the time needed to communicate in the original language; and
         (f)   COMMUNICATION ACCESS REALTIME TRANSLATION (“CART”) INTERPRETATION. The instantaneous translation of the spoken language into text and displayed in various forms.
      LIMITED ENGLISH PROFICIENT PERSON. An individual with a limited ability to read, write, speak and understand English, and may speak, read, write or understand some English. The individual does not have to be limited in all four areas to (read, write, speak and understand) to be considered Limited English Proficient and can be the family member of an English speaker who is involved in the care of that person.
      MEANINGFUL ACCESS. Language and communications assistance that results in accurate, timely and effective communication at no cost to the individual for which Language Other than English is the primary language spoken, or to an individual or group of individuals with a disability. MEANINGFUL ACCESS denotes access that is not significantly restricted, delayed or inferior as compared to programs or activities provided to individuals or a group of individuals for which Language Other than English does not apply, or to individuals or a group of individuals who do not experience a disability.
      MEANINGFUL PARTICIPATION. People who speak languages other than English and/or individuals with a disability are able to access, communicate and interact with City Departments and obtain services in a way that fully satisfies their needs and concerns. MEANINGFUL PARTICIPATION is also an expression of care on behalf of the government to the people, that the city values centering constituents of all backgrounds and is committed to creating pathways to make those constituents heard.
      NEIGHBORHOOD THRESHOLD LANGUAGES. Any language spoken by individuals of the Language Other than English population totaling 5% of the population or 1,000 individuals, whichever is less, within a neighborhood in Boston.
      NOTICE OF ACCOMMODATIONS. A short notice included in all promotional materials in multiple languages informing the reader that for the identified program, service or activity, any needed accommodations will be made available upon request.
      PLAIN LANGUAGE. Any written or oral communication that is easily understandable to the broadest possible audience, which means eliminating or omitting unnecessary and excessive words, jargon, technical language or anything requiring an advanced reading level.
      TRANSLATION. To render communication into another language in written form. This includes the following.
         (a)   FORMAL TRANSLATION. The rendering of a written communication into another language by an experienced, formally trained translator. FORMAL TRANSLATION should be used when, after consideration of the four factors listed in division (F) above, the city determines that such document is considered “vital”. “Vital documents” include, but are not limited to, complaint forms; intake forms with the potential for consequences substantially affecting the rights of the individual; written notices of rights, denial, loss or decreases in benefits or services; notices of disciplinary action; and applications to obtain city benefits or services.
         (b)   INFORMAL TRANSLATION. The rendering of a written communication into another language by a person who is not formally trained and/or who is not trained in the profession of interpretation and/or translation. INFORMAL TRANSLATION may be used when the circumstances in division (a) above are not present.
         (c)   BACK TRANSLATION. The translation of a translated text into its original language. It is used to test the quality of the translation.
      UNIVERSAL DESIGN FOR LEARNING. Guidelines that offer a set of concrete suggestions that can be applied to any discipline or domain to ensure that all people can access and participate in meaningful, challenging learning opportunities, such as providing multiple means of engagement, representation and action and expression.
      VITAL DOCUMENTS. Any form, permit, record or other document that individuals applying for services or benefits from a covered entity must understand, respond to or complete in order to access the services/benefits or continue to receive the services or benefits. VITAL DOCUMENTS, produced by the city, may include, but are not limited to, certain: administrative complaints, release or waiver forms; claim or application forms; letter of findings; forms or written material related to individual rights; certain notices of community meetings; or other case-related community outreach when specifically determined by a Department to be of significant importance to groups of individuals with LOTE likely to be affected by the subject of the community meeting.
   (H)   Interpretation.
      (1)   Generally. All Departments shall endeavor to provide interpretation to constituents when the city has ascertained that a constituent does not speak English or when the person has indicated that they prefer to use their native language. Informal interpretation may be provided through the city’s volunteer interpreter pool or city-trained bilingual staff.
      (2)   Departmental Interpretation Guidelines.
         (a)   The city shall provide without delay formal interpretation when a constituent requests interpretation and the inability to accurately convey information, understand information or participate in a city process will substantially affect the constituent’s rights; cause serious or life-threatening health implications to the constituent; or substantially affect the constituent’s ability to maintain or qualify for a city service or benefit. The city may further provide formal/professional interpretation when, in the opinion of the city, present or imminent circumstances call for the use of such interpretation. The city will provide a language access line for city workers to call when an individual requires interpretation in a language with no volunteer interpreter available. The line should also be accessible by “311” operators when a constituent calls with a question and the operator is unable to speak that language.
         (b)   All Departments that directly provide services to the city residents and/or visitors shall post notices that indicate the availability of interpretation and provide a list of languages available for interpretation. In order to accommodate those who cannot read, the list of languages should utilize symbols to convey the services that are available. The OLCA shall work with external community partners to determine which symbols, icons and the like work best for these applications. Each Department shall display this sign in areas where constituents would normally seek help, either in person or online.
         (c)   Before community meetings, City Departments, in consultation with the OLCA, shall determine the need for translation/interpretation services in a given neighborhood depending on Neighborhood Threshold Languages and work to provide those services. The OLCA will determine which neighborhood requires certain translation/ interpretation services for City Department’s looking to conduct community outreach. All communication regarding the meeting, including posts on the Boston Public Notices Board, and the meeting’s language access and disability accommodations will have a contact phone number and email to the OLCA as well as the sponsoring Department’s point of contact so that the Office may provide access to interpretation, subject to availability, by volunteer interpreters, phone interpreters or paid interpreters. Where possible, City Departments shall endeavor to hold in-language meetings.
         (d)   If a City Department or Official determines that a bilingual member of its staff may provide and ensure broader and more meaningful understanding to the LEP individual regarding the LEP individual’s business with the City Department, the Department may rely on one or more bilingual staffers to communicate directly with the LEP individual in his or her primary language. In such cases, interpretation is not necessary. Prior to permitting a bilingual member of the staff engage with LEP individuals in languages other than English, the Department Head will be responsible for ascertaining his or her staff member’s fluency in a language other than English, including his or her fluency in Agency terminology.
      (3)   City Volunteer Interpreter Pool guidelines.
         (a)   To assist all Departments to better serve its diverse constituents, the city will continue to recruit, maintain and train the City Volunteer Interpreter Pool. After a staff member is verified to have appropriate language skills to provide interpretation, the city will provide in-house trainings in essential skills for interpreters such as language rights for those constituents they are interpreting for, ethics training and a glossary of terms used by the city.
         (b)   Prior to permitting a City employee to participate in the City Volunteer Translator and Interpreter Pool, the city’s language access coordinator will be responsible for ascertaining the city employee’s fluency in a language or languages other than English, including his or her fluency in Agency terminology in such other language or languages.
         (c)   Training should be provided for bilingual workers and Volunteer Interpreter Pool members who provide informal interpretation for the city. Initial interpretation training should include the ethics of interpretation, techniques in interpretation and familiarity with the city Glossary of Terms. Subsequent trainings will be provided annually based on the needs of the Volunteer Interpreter Pool and other bilingual staff who provide informal interpretation for their Departments.
   (I)   Translation.
      (1)   Identification and standardization. Each Department shall identify its vital documents and other such information that is a vital communication, or any such other documents that include vital information. Other crucial information may be translated if after consideration of the factors outlined in division (F) above a City Department determines that such information should be translated. All vital documents produced by the city shall be standardized in their accessible formatting, and all vital documents shall:
         (a)   Be translated into the identified city-wide or Neighborhood Threshold Languages, when applicable;
         (b)   Include a Babel notice if such vital document has not yet been translated;
         (c)   Be made digitally accessible in text readable formatting;
         (d)   Include, as feasible, a Notice of Accommodation and/or accessibility symbols;
         (e)   Be accompanied with context- specific image descriptions; and
         (f)   Where the vital document is a vital communication produced by the city and is available through audio or audiovisual input only, be accompanied with a written transcript that is checked for accuracy before it is posted.
      (2)   Departmental Translation Guidelines.
         (a)   Translation arrangements. If a City Department is unable to translate a document in accordance with division (I)(1) above due to lack of funding or otherwise, the Department shall make arrangements with the OLCA to contract out the service so that it may be translated. If financial constraints impede the city’s ability to have a vital document translated, the vital document will include a Babel notice made available in the city-wide Threshold Languages. The document will also include an estimation of when the translation will be made available.
         (b)   Documents for the public shall be translated according to OLCA Guidelines. City Departments shall endeavor to have translations of vital documents provided to the public completed and reviewed by certified and trained professionals. An exception to this guideline may arise when a translation is done for internal purposes and as to a document that is not considered a vital document.
         (c)   Contract with professional translators. City Departments shall work with the OLCA to gain access to qualified translation vendors on city contract.
         (d)   Timeline of translation for vital documents and vital information. Any information that is deemed necessary to translate into the city-wide Threshold Languages shall be released at the same time that the information is released in English to the best effort possible.
      (3)   Glossary of city terms. To ensure consistency of translation, the city shall work with their constituency to develop a common glossary of terms that are used by various City Departments. Once a common glossary of terms has been identified, it will be translated into the Threshold Languages and made accessible to all City Departments. Every City Department shall direct their professional and volunteer translators to refer to the glossary while translating a document, to ensure consistency of translation across Departments. Each City Department may also develop a glossary of specialized terms that the particular Department uses and make available this glossary to every translator that it uses to ensure consistent translation of all Department materials. The city-wide and Department glossaries of terms will also be made available to the public in the city-wide threshold languages, and members of the public will be able to submit to the OLCA terms which they feel will be helpful to add to the glossary.
      (4)   Plain language clause. The documents and information that City Departments release shall endeavor to reflect principles of plain language communications. For example, signs and flyers shall be easy to understand, and not include arcane or technical language, unnecessary polysyllabic words, legal jargon or other text requiring an advanced reading level. An exception to this guideline may arise when the language of a document must remain the same as required by law.
      (5)   Cultural competency clause. When translating a document or any other important information, City Departments are encouraged to call upon the cultural norms of any given audience, understanding that sometimes literal translations do not adequately convey information in languages other than English. Efforts should be made to accommodate not just the language spoken, but the language-speaking community it seeks to impact, understanding that not all language speakers interact with the language the same way. Should there be any question as to whether a document is translated within the framework of cultural competency, the Department shall work with the OLCA to consult with impacted communities and non-governmental organizations which includes community resources, partnerships and other relationships to find a translation that best reflects the information being communicated.
      (6)   Literacy taskforce recommendation. City Departments will strive to provide information, vital documents and city webpages in a way that accommodates individuals who cannot read or write in any language, based upon the recommendations of a literacy taskforce to be established formally by ordinance.
   (J)   Customer service.
      (1)   Phone interpretation line. The city will contract with a phone interpretation line in order to service their “311” system and other City Offices when there is no volunteer or professional interpreter present to provide language access.
      (2)   List of common phrases and greetings. All Departments that provide direct services to city constituents shall provide their front line employees with a document which contains helpful phrases, such as “Please wait. We are trying to locate an interpreter to assist you”, in the city’s city-wide Threshold Languages if said Departments receive direct or indirect federal financial assistance.
      (3)   Quick access. Card with language access protocols: The city shall provide laminated cards to all direct or front desk staff that delineate in a succinct and short manner the language services the city can provide and how to access them. A City Department with major public contact shall conduct outreach to LEP communities they serve to inform them of the available language access services available.
   (K)   Record keeping. The city shall track the length and type of any telephonic interpretation call using the language line, as well as the accuracy and satisfactory provision of interpretation. Using a centralized database, Departments shall keep a record of all materials translated, as well as languages translated. This centralized dashboard shall be made available to the public and shall be included in the OLCA’s annual report to the Clerk’s Office.
   (L)   Training. All Department Heads will be trained on the Communication Access Policy regulations and the Communications Access Plan to ensure understanding of their responsibilities. Managers and front line staff shall receive training to provide language access to constituents through interpretation and translation, how to access and use existing resources, record keeping and cultural competence. All 311 Operators shall receive training on their responsibilities in providing communications access to all constituents through interpretation, how to ask a constituent to wait in line and how to access the phone interpreter service. The city shall provide interpretation training to participants of the city’s Volunteer Interpreter Pool and any staff who offers informal interpretation services at his or her Department.
   (M)   Compliance.
      (1)   The OLCA will work with each Department to provide the oversight and quality control of language access services and be the official point of contact for constituent complaints. The city shall implement feedback mechanisms for constituents to log complaints related to communications access, via telephone, email or survey form made available online.
      (2)   Constituent-facing Departments shall identify a volunteer Communications Access Liaison who can provide a constituent with information how to file a complaint with the OLCA or can help resolve language access problems within their Office; provided that the responsibilities of such individual are not contrary to a pre-existing collective bargaining agreement to which the city employee is a party to. If possible, the liaison shall be a bilingual/multilingual staff member.
      (3)   The OLCA for the city shall create an employee development, training strategy and quality control protocols to be provided to all Department Heads during their communications access training. The OLCA shall conduct Department training on language and communications access protocols. Language and communications access protocols will include but not be limited to: communication with the OLCA, translation/interpretation requests, cultural sensitivity amongst monolingual staff, utilization and enforcement of the plain language clause and the like
      (4)   Department Heads will be tasked in ensuring the quality control protocols provided by the OLCA are consistently used in their Offices and reporting any changes that should be made to these protocols in order to provide the most reliable and cost effective services to constituents. All constituent-facing city employees and personnel will be trained yearly on their Department’s Language and Communications access plans, along with any other necessary materials.
      (5)   The OLCA shall oversee the process to ensure that all volunteer language interpreter staff in public contact positions have been vetted as having sufficient language skills and that they are providing adequate interpretation. For volunteers who have been deemed not to have sufficient language skills, feedback and links to resources shall be provided by the OLCA so that they may hone their skills.
      (6)   Every Department must keep a list of all of their written materials that are required to be translated and must review this list on a yearly basis to ensure all vital documents that need to be translated are current. This list should be easily accessible to members of the public.
      (7)   The OLCA shall hold a listening forum at least once a year to seek feedback from the community on language and communications access issues in the city. The OLCA will conduct outreach to community groups and the general public to invite them to the public listening meeting. Listening forums shall be offered in the city-wide Threshold Languages.
   (N)   Available funding. Notwithstanding the provisions of this Section, if a City Department determines that meeting the foregoing requirements, in whole or in part, is not possible due to financial constraints, the City Department shall identify a phased approach to meet such requirements. Said phased approach shall be provided to the OLCA and the Department shall work with that Office to implement its Departmental plan in accordance with its phased approach.
   (O)   Conflict with other language access guidelines. Notwithstanding the provisions of this Section, if a City Department receiving federal financial assistance either directly or indirectly has developed and implemented a plan or policy pursuant to federal rules, regulations, guidelines or other policy directives to ensure communications access to its services, programs and activities that are substantially equivalent to or greater than the requirements pursuant to this Section, the City Department may utilize and implement said plan or policy in lieu of the requirements of this Section. The City Department shall submit its communications access policy and the applicable federal rules, regulations, guidelines or policy directive to the OLCA. The submission shall be accompanied by a cover letter that attests that said access policy or plan meets the requirements of applicable federal rules, regulations, guidelines or other policy directives, and the aforesaid cover letter shall be signed by the Department head.
(CBC 1985 6-10.1; Ord. 2016 c. 13; Ord. 2021 c. 9 § 1)
6-11   GENDER INCLUSION.
   (A)   All existing and future city-issued forms, documents and certificates that provide for a gender or sex designation shall do so using language that includes all genders and family structures. All forms shall include an option where an individual may designate their chosen name if different from their legal name.
   (B)   The Office of Intergovernmental Relations shall prepare a report for the Council, listing all city forms or documents that require individuals to designate their gender or sex, whether the form has a gender neutral designation option, and whether, if applicable, binary gender designation is required by city, commonwealth or federal law. This report shall be filed in Boston City Council within 60 days of the passage of this Section.
(CBC 1985 6-6-11; Ord. 2020 c. 8 § 1; Ord. 2022 c. 13 § 1; Ord. 2023 c. 11)