SEC. 91.5. TRANSLATION OF MATERIALS, SIGNAGE AND DIGITAL CONTENT.

   (a)   Translation of Materials. Departments shall translate the following written materials that provide vital information to the public about the Department’s services or programs into the the require languages languages1 spoken by a Substantial Number of LEP Persons: applications or forms to participate in a Department’s program or activity or to receive its benefits or services; written notices of rights to, determination of eligibility for, award of, denial of, loss of, or decreases in benefits or services, including the right to appeal any Department’s decision; written tests that do not assess English language competency, but test competency for a particular license or skill for which knowledge of written English is not required; notices advising LEP Persons of free language assistance; materials, including publicly-posted documents, explaining a Department’s services or programs; complaint forms; any other written documents related to direct services to the public that could impact the community or an individual seeking services from or participating in a program of a Department. Upon request, a LEP Person may request written materials that provide vital information to the public about the Department’s services or programs into a language not captured by the required languages. However, the Public Utilities Commission and the Tax Collector shall make resources available for LEP Persons to understand their property tax and utility bills.

   (b)   Signage. Departments that post signage that provides information to the public that relates to the Department’s Service or Program shall translate those materials in the required languages or languages as prescribed by a Substantial Number of LEP Persons.

      (c)1    Departments shall prioritize the translation of written materials by giving highest priority to vital information and materials that affect benefits, eligibility, public safety 1 health, and critical services.

      (d)1    Departments shall post translated notices in the public areas of their facilities in the relevant language(s) indicating that Language Access Services are available.

      (3)   Departments shall translate all signage posted in their facilities that is intended to assist members of the public utilizing the Department’s services or programs. Departments shall also translate all signage posted in public spaces that is meant to inform the community about a service or program or a benefit or change that impacts the community. The translated notices shall be posted prominently and shall be readily visible to the public. Departments shall also provide translated written materials, in a conspicuous location, providing information about the OCEIA complaint process described in Section 91.10.

   (c)   Digital Content. Departments shall translate digital content that meets the parameters of subsection 91.5(a) that they provide on digital platforms such as web sites, social media platforms, third-party digital content providers, or various on-line mediums. Departments shall also translate all public service announcements or information that raises awareness about an issue of public interest or affects the community that they publish on websites, social media platforms, third-party digital content providers, or various on-line mediums.

   (d)   Departments shall take a community-focused approach to ensure all translations are accurate and appropriate for the target audience. Translations should match literacy levels of the target audience.

   (e)   Each Department shall designate a staff member responsible for ensuring that all translations of the Department’s written materials meet the accuracy and appropriateness standard set in subsection (d) of this Section 91.5. Departments are encouraged to have their staff check the quality of written translations, but where a Department lacks biliterate personnel, the responsible staff member shall obtain quality checks from external translators. Departments may contact OCEIA for assistance in locating a qualified translator or translation equipment. Departments are also encouraged to solicit feedback on the accuracy and appropriateness of translations from bilingual staff of community groups whose clients receive services from the Department.

(Added as Sec. 91.4 by Ord. 126-01, File No. 010409, App. 6/15/2001; amended by Ord. 202-09, File No. 090461, App. 8/28/2009; redesignated and amended by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015; amended by Ord. 116-24, File No. 230868, App. 6/21/2024, Eff. 7/22/2024)

(Former Sec. 91.5 redesignated as 91.6 by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015)

CODIFICATION NOTE

1.   So in Ord. 116-24.

SEC. 91.6. DISSEMINATION OF TRANSLATED MATERIALS FROM THE STATE AND FEDERAL GOVERNMENT.

   If the State or federal government or any agency thereof makes available to a Department written materials in a language other than English, the Department shall maintain an adequate stock of the translated materials and shall make them readily available to persons who use the Department's services.

(Added as Sec. 91.5 by Ord. 126-01, File No. 010409, App. 6/15/2001; redesignated by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015)

(Former Sec. 91.6 redesignated as Sec. 91.7 and amended by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015)

SEC. 91.7. PUBLIC MEETINGS AND HEARINGS.

   (a)   Notwithstanding the requirements of any other provisions of Chapter 91, City Boards, City Commissions, advisory bodies, and Departments shall translate meeting notices, agendas, and minutes upon written request. When a City Board, City Commission, and advisory body receives a written request for translated meeting minutes, the body shall translate the meeting minutes only after the body adopts them and within a reasonable time thereafter.

   (b)   City Boards, City Commissions, advisory bodies, and Departments shall provide Language Access Services in the language the member of the public requests at any public meeting or hearing, if requested at least 48 hours in advance of the meeting or hearing.

(Added as Sec. 91.6 by Ord. 126-01, File No. 010409, App. 6/15/2001; amended by Ord. 202-09, File No. 090461, App. 8/28/2009; redesignated and amended by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015; amended by Ord. 116-24, File No. 230868, App. 6/21/2024, Eff. 7/22/2024)

(Former Sec. 91.7 redesignated as Sec. 91.8 and amended by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015)

SEC. 91.8. RECORDED TELEPHONIC MESSAGES.

   All Departments with recorded telephonic messages about the Department’s operation or services shall maintain such messages in each language spoken by a Substantial Number of LEP Persons, or where applicable, a Concentrated Number of LEP Persons. Such Departments are encouraged to include in the telephonic messages information about business hours, office location(s), services offered and the means of accessing such services, and the availability of Language Access Services. The requirements of this Section 91.8 shall apply only to recordings prepared by a Department to provide general information to the public about the Department’s operations and services, and shall not apply to voicemail recordings on City employees’ telephone lines.

(Added as Sec. 91.7 by Ord. 126-01, File No. 010409, App. 6/15/2001; redesignated and amended by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015; amended by Ord. 116-24, File No. 230868, App. 6/21/2024, Eff. 7/22/2024)

(Former Sec. 91.8 redesignated as Sec. 91.9 and amended by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015)

SEC. 91.9. CRISIS SITUATIONS.

   (a)   All Departments involved in health-related emergencies, including but not limited to pandemics, refugee relief, disaster-related activities, and all other crisis situations shall work with OCEIA to include Language Access Services protocols in the Department’s Annual Compliance Report. During these events, all Departments involved shall prioritize Language Access Services and to the extent feasible ensure bilingual staff are present and available to assist LEP Persons with critical needs. If these situations require the posting of warning signs, the Department shall translate those signs in the required languages.

   (b)   By January 1, 2025, all Departments providing emergency response services, including but not limited to the Police Department, Fire Department, and Department of Emergency Management in the event of crisis situations and disaster-related activities, involving an immediate threat of serious harm, mass casualties, conditions of natural disaster, or conditions posing extreme peril to the safety of persons and property shall: (1) provide language access services related to the emergency in English and in all languages spoken jointly by 5% or more of the population that speaks English less than “very well”; (2) ensure that the quality of information translated and provided to individuals that speak English less than “very well” is as comprehensive, actionable, and timely as the information provided to LEP persons; and (3) endeavor to utilize community members with the cultural competencies and language skills necessary to effectively communicate with those that speak English less than “very well” using, whenever feasible, native speakers of the relevant languages who also speak English fluently. OCEIA shall reassess the data every five years to ensure that the language or languages in which the Departments provide information are consistent with the requirements of subsection (b)(1).

   (c)   Subject to the budgetary and fiscal provisions of the Charter, OCEIA shall develop strategies for Departments to use in deploying rapid response Language Access Services to advise First Responders serving the public in crisis situations as listed in Section 91.9. OCEIA shall collaborate with Departments to ensure a community-focused approach is incorporated in the operation of rapid response Language Access Services.

(Added as Sec. 91.8 by Ord. 202-09, File No. 090461, App. 8/28/2009; redesignated and amended by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015; amended by Ord. 116-24, File No. 230868, App. 6/21/2024, Eff. 7/22/2024)

(Former Sec. 91.9 redesignated as 91.10 and amended by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015)

SEC. 91.10. COMPLAINT PROCEDURE.

   (a)   Complaint Process. OCEIA shall be responsible for accepting, investigating, and resolving complaints from persons alleging violations of this Chapter 91. A person alleging that a Department violated a provision of this Chapter may submit a complaint to OCEIA by either: (1) completing and submitting a complaint form; (2) calling OCEIA and speaking with an employee who will document the complaint; or (3) designating another person or entity to lodge the complaint on their behalf. Within five days of receiving the complaint, OCEIA shall notify the Department and commence an investigation. OCEIA shall resolve all complaints within 30 days of their receipt unless OCEIA finds good cause to extend the time for resolving the complaint. OCEIA shall prepare a summary report of its investigation that will include findings and recommendations to address the issues raised in the complaint, including what action, if any, was undertaken by the Department in response to the complaint to ensure the Department’s compliance with this Chapter 91 and whether a Department cooperated or failed to cooperate with OCEIA’s investigation..1

   (b)   Department and City Board, City Commission, and Advisory Body’s Complaint Procedure. If a Department, a City Board, a City Commission, or an Advisory Body receives a complaint from an individual, it shall immediately forward a copy of the complaint to OCEIA. In addition, City Boards, City Commissions, and Advisory Bodies, shall cooperate in good faith with OCEIA in resolving the complaint within the applicable time frame.

   (c)   Annual Tracking of Complaints and Summary Reports. Annually OCEIA shall track the number of complaints received and summary reports in progress and completed. OCEIA shall maintain copies of all complaints and summary reports for a period of not less than five years.

   (d)   Quarterly Reports. On a quarterly basis, OCEIA shall submit a written report to the Board of Supervisors and Commission containing the following information: (1) the number of complaints filed during that quarter, including an analysis of individual cases with departmental trends; (2) the number of complaints filed for the year-to-date; (3) a comparison of those numbers with the filings for the previous year; (4) a brief description of the nature of each complaint filed, including the Department named in the complaint, the,1 and (5) OCEIA’s summary report of its investigation with findings and recommendations..1

(Added as Sec. 91.8 by Ord. 126-01, File No. 010409, App. 6/15/2001; redesignated as Sec. 91.9 and amended by Ord. 202-09, File No. 090461, App. 8/28/2009; redesignated and amended by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015; amended by Ord. 116-24, File No. 230868, App. 6/21/2024, Eff. 7/22/2024)

(Former Sec. 91.10 redesignated as Sec. 91.11 and amended by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015; amended by Ord. 116-24, File No. 230868, App. 6/21/2024, Eff. 7/22/2024)

CODIFICATION NOTE

1.   So in Ord. 116-24.

SEC. 91.11. ANNUAL COMPLIANCE REPORT.

   Using information collected during the preceding fiscal year beginning July 1 and ending June 30, each Department shall draft an Annual Compliance Report including the following information:

   (a)   A description of the Department’s language access policy;

   (b)   The language services offered by the Department;

   (c)   The number and percentage of people who are LEP Persons who use the Department’s services Citywide;

   (d)   A roster of bilingual employees, their titles, office locations, the language(s) other than English that they speak; excluding those bilingual employees who are self-designated as competent in a second language other than English;

   (e)   The name and contact information of the Department’s language access coordinator;

   (f)   A description of any use of telephone-based interpretation services, including the number of times telephone-based interpretation services were used, the language(s) for which they were used, and the number of times bilingual employees provided in-person interpretation services;

   (g)   An explanatory assessment of the procedures used to facilitate communication with LEP Persons, which shall include, but is not limited to, an evaluation of the following (1) the content of recorded telephonic messages provided to the public and the language of the message; (2) telephone requests for translation or interpretation services; (3) in-person requests for translation or interpretation services; and (4) public notices of the availability of translation or interpretation services upon request;

   (h)   Ongoing employee development and training strategy to maintain well trained bilingual employees and general staff. Employee development and training strategy should include a description of quality control protocols for bilingual employees; and a description of language service protocols for LEP Persons in crisis situations as outlined in Section 91.9;

   (i)   If the Department determines that additional bilingual employees are needed to meet the requirements of Section 91.4, the Department must provide a description of its plan for meeting those requirements;

   (j)   The name, title, and language(s) other than English spoken, if any, by the staff member designated with responsibility for ensuring the accuracy and appropriateness of Language Access Services for each language in which services must be provided under this Chapter 91;

   (k)   A list of the Department’s written materials that have been translated under this Chapter 91, the language(s) into which they have been translated, and the persons who have reviewed the translated material for accuracy and appropriateness;

   (l)   The Department’s written policies on providing services to LEP Persons;

   (m)   A list of goals for the upcoming year and, for all Annual Compliance Reports except the first, an assessment of the Department’s success at meeting last year’s goals;

   (n)   Annual expenditures from the previous fiscal year for services that are related to language access, including:

      (1)   Compensatory pay for bilingual employees who perform bilingual services, excluding regular annual salary expenditures;

      (2)   Telephonic interpretation services provided by City vendors;

      (3)   Document translation services provided by City vendors;

      (4)   On-site language interpretation services provided by City vendors;

      (5)   The Department’s budget 1 Language Access Services and projected budget to support progressive implementation of the Department’s Annual Compliance Report;

   (o)   A summary of changes between the Department’s previous Annual Compliance Report submittal and the current submittal, including but not limited to: (1) an explanation of strategies and procedures that have improved the Department’s Language Access Services from the previous year; and (2) an explanation of strategies and procedures that did not improve the Department’s language services and proposed solutions to achieve the overall goal of this Language Access Ordinance; and

   (p)   Any other information OCEIA deems appropriate for the implementation of this Chapter 91.

(Added as Sec. 91.9 by Ord. 126-01, File No. 010409, App. 6/15/2001; redesignated as Sec. 91.10 and amended by Ord. 202-09, File No. 090461, App. 8/28/2009; redesignated and amended by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015)

(Former Sec. 91.11 redesignated as Sec. 91.12 and amended by Ord. 27-15, File No. 141149, App. 3/12/2015, Eff. 4/11/2015; amended by Ord. 116-24, File No. 230868, App. 6/21/2024, Eff. 7/22/2024)

CODIFICATION NOTE

1.   So in Ord. 116-24.