CITY OF AURORA - LANGUAGE ASSISTANCE PLAN (LAP)

CITY OF AURORA - LANGUAGE ASSISTANCE PLAN (LAP) Four-Factor Analysis of persons with Limited English Proficiency (LEP): 1. Demography Number or Proportion of LEP Persons The number and proportion of LEP persons eligible to be served or likely to be encountered by the program or grantee is based on Aurora s American Community Survey (ACS) 2007-2011 population of 5 years and older totaling 292,048. Based on the eligible population, the following chart reflects the Top Ten non-english language preferences by number and proportion, as well as how that language need is currently addressed and proposed actions. The Top Ten were determined by tracking the frequency to which LEP persons requested translations from the City of Aurora over a two year period. These were then compared to the ACS data. Of the Top Ten languages, only Six were above the 1,000 person Safe Harbor threshold based upon the 2007-2011 ACS s chart B16001: Language Spoken at Home : 1) Spanish, 2-3) African Languages, including Amharic and Somali, 4) Korean, 5) Vietnamese, and 6) Russian. Language Population Proportion Current Services Proposed Actions Spanish 35,652 12.21% 2 bilingual staff for interpretation & limited translation; HOAP & Tool Lending Brochures; HUD docs noted below; Google Translate for website program info. professional language agencies, such as Asian Pacific Development Center (APDC) or the Interpreter Network of Colorado (TINOC) for complex jobs Other African, inc. Amharic & Somali 2,543 0.87% None for Amharic or Somali; Google Translate for other African languages listed below. Korean 1,971 0.67% Google Translate for website program info.; HUD docs noted below. Vietnamese 1,389 0.47% Google Translate for website program info.; HUD docs noted below Russian 1,000 0.34% Google Translate for website program info.; HUD docs noted below. 1 for all other services for all other services for all other services for all other services Arabic 536 0.18% Google Translate for website program info. for all other services French 335 0.11% Google Translate for website program info. for all other services Burmese No data No data None for all services Nepali No data No data None for all services

2. The frequency with which LEP persons come into contact with the program: The City tracked the frequency of contact with LEP persons both over a two week period and over the course of one year. The following chart described the frequency with each type of program within the Community Development Division, as well as current services provided and proposed actions: Program Tracked frequency of LEP persons Current Services Provided Proposed Actions Overall CDBG/HOME/ESG/NSP planning and administration None tracked; None over one year period. 2 bilingual (Spanish) staff; All public notices and division info. on website translated into 71 languages noted below. 2 bilingual (Spanish) staff; HOAP brochure in Spanish; Foreclosure Hotline brochure in Spanish; All program info on website translated into 71 languages noted below; HUD Brochures available in Spanish: 1)100 Q&A about buying a home, 2)HUD Home Buying Guide, 3) Settlement Costs & helpful hints, 4) Guide to avoiding foreclosure, and 5) Don t be a Victim of loan fraud as needed HOAP programs and Neighborhood Stabilization Program (NSP) HOAP: 1 Spanish LEP person out of 27 over 2 week period equal to 4% of program; Spanish LEP persons are 5% of program over one year; NSP: tracked 1 Amharic and 1 Nepalese LEP person over one year Translate any HOAP application packet into Spanish; as needed for all other services Rehabilitation Programs Home of Our Own (HOOO) & other Public Service Programs undertaken by Subrecipients OAR Tool Lending program None tracked; None over one year period. None tracked; None over one year period Not tracked, but have 2 bilingual (Spanish) staff; All program info on website translated into 71 languages noted below; 2 bilingual (Spanish) staff; All program info on website translated into 71 languages noted below; 2 as needed as needed; Assess Subrecipients language assistance services 2 bilingual (Spanish) staff;

served Spanish and Asian language clients Brochure in Spanish as needed Fair Housing information None tracked Brochures available in Spanish, Korean, Russian, Vietnamese: - Equal Opportunity for All - Are You a Victim of Housing Discrimination Refer all inquiries to HUD or Colorado Division of Civil Rights as needed 3. The nature and importance of the program to people s lives: The following chart analyzes the nature and importance of the programs, and the corresponding program processing time and proposed actions: Program Nature and Importance Program processing time Proposed Actions Overall CDBG/HOME/ESG/NSP programs Planning and administration of federal grants Annual planning and reporting of overall grant programs. Typically a 15 day public notice for meetings and 15 or 30 day review period for plans or reports as needed. Expand outreach as noted below, inc. APDC, New Refugee Center, etc. Press Releases to newspapers. HOAP programs and NSP program Foreclosure prevention and other services if emergency need, all others non-imminent Two Spanish speaking staff available. All other needs can be addressed with requests based upon emergency & regular rates. Translate any HOAP application packet into Spanish; as needed Rehabilitation Programs Emergency repairs, all others Two Spanish speaking staff as 3

Home of Our Own (HOOO) & other Public Service Programs undertaken by Subrecipients OAR Tool Lending program Fair Housing information non-imminent Unsheltered or other emergency need, all others non-imminent Walk-in tool lending Refer to HUD and/or CCCR members available; All other needs can be addressed with requests based upon emergency & regular rates. Two Spanish speaking staff members available; All other needs can be addressed with requests based upon emergency & regular rates. Two Spanish speaking staff members available; I speak Guide to identify language, otherwise escort them to tool room for selection. Give phone number(s) to HUD and/or CCCR needed as needed; Assess Subrecipients language assistance services as needed only for emergencies 4. Resources and Costs: The Community Development Division will balance the needs of our LEP persons with the reasonable cost of providing services. The following are the Division s current resources and costs: - Two bilingual (Spanish) staff available to interpret English/Spanish, and limited translation services. Cost: Salaried employees. - family members or friends if desired by the LEP person, and if selected member is competent to provide quality and accurate interpretations, free of conflict of interest. However, generally do not permit children under 18 to serve as interpreter. Cost: Free. - Outreach to Association of Hispanic Real Estate Professionals. Cost: Free - Offer Spanish homebuyer education seminars on a monthly basis. 4

Cost: Through Colorado Housing and Finance Authority (CHFA), cost approximately $300 per month. Annual cost is 12 x $300 = $3,600. - Translate all program information and Public Notices on the City s website into 71 languages by Google Translate. The six marked languages are among the top ten languages within Aurora. Cost: part of City s website operating cost. Afrikaans Czech Hindi Lithuanian Swahili Albanian Danish Hmong Macedonian Swedish Arabic* Dutch Hungarian Malay Tamil Armenian Esperanto Icelandic Maltese Teluga Azerbaijani Estonian Indonesian Marathi Thai Basque Filipino Irish Norwegian Turkish Belarusian Finnish Italian Persian Ukrainian Bengali French* Japanese Polish Urdu Bosnian Galician Javanese Portuguese Vietnamese* Bulgarian Georgian Kannada Romanian Welsh Catalan German Khmer Russian* Yiddish Cebuano Greek Korean* Serbian Chinese (Simplified) Chinese (Traditional) Gujarati Lao Slovak Haitian Creole Latin Slovenian Croatian Hebrew Latvian Spanish* 5. Analysis & Proposed Actions - to be adopted in Language Assistance Plan: 1. Provide for professional third-party interpreters/translators free of charge. Two known agencies are: 1) The Asian Pacific Development Center (APDC at 1537 Alton, Aurora, CO, 80010), and 2) The Interpreter Network of Colorado (TINOC at 1610 Emerson, Denver, CO 80218), who may be used for all interpretation (oral) and translation (written) of languages other than Spanish. (or other professional third-party) for complex Spanish language translation. Staff can obtain these services by contacting: 5

APDC Phone: 303-923-2945 for regular services (more than 24-hour notice), and 720-220-6742 for emergencies (less than 24-hour notice) Email: CLC@apdc.org Website: www.apdc.org (Attachment - request form) 2013 prices: Interpretation in-advance (24 hours+): $75/hour Interpretation emergency (less than 24 hours): $90/hour Translation: varies by language TINOC Phone: 303-831-4151 or toll-free 1-888-499-7996 Email for interpretation: vivianagomez@springinstitute.org Email for translation: ajacobson@springinstitute.org or drizvanovic@springinstitute.org Website: www.interpreternetwork.org 2013 prices: Spanish Interpretation (72 hours+): $70/hour All other interpretation (72 hours+): $80/hour Ask about discounts for government agency ($60/hour) Translation: $.50/word; $.40/word 250+ words; flat rate $90/hour Ask about discounts ($.32-36/word or $70-80/hour) 2. Partner with APDC, the CU School of Medicine New Refugee Center (1666 Elmira St.), Original Aurora Community Integration Collaborative (OACIC), and other organizations as identified, for outreach/marketing of the Community Development Programs and Notices. 3. Identify foreign language newspapers to send press releases to (not paid Public Notices or advertisements) for upcoming meeting notices and programs: Two Spanish: La Voz Bilingue and La Prensa de Colorado. One Russian: Gorizont Others obtain current listings from APDC 4. Translate HOAP application/intake/agreement and related forms into Spanish; translate HOAP forms into other languages by as needed. Homebuyers should sign an English language Loan Agreement with the translated document provided to the LEP buyer marked For Information Only. 5. Translate Rehabilitation, HOOO, and other program applications/agreements in all languages by as needed. Homeowners should sign an English language Loan Agreement with the translated document provided to the LEP owner marked For Information Only. 6. For LEP clients who visit the City s Community Development Office and staff cannot identify what language they speak, use the I Speak Language Identification Guide. (Attached 3 pages with of I Speak languages) 7. For LEP clients that call in, use the telephone conferencing feature and call to arrange for an interpreter. If no interpreter is available direct the caller to the phone numbers for. 8. Train staff how to respond to LEP callers, LEP walk-ins, and LEP written communications. 6

9. Assess the Subrecipients of Community Development Division funding to determine their current language assistance services. Inform Subrecipients that they can use a contracted third-party to provide services free of charge to LEP persons, as these are eligible costs. 10. Post a notice in the Community Development Division Lobby and Conference Rooms in the top commonly encountered languages informing LEP persons of the availability of language assistance services. 7

Language Assistance Plan (LAP) for persons with Limited English Proficiency (LEP) I. PLAN STATEMENT The City of Aurora s Community Development Division ( the CD Division ) has adopted this plan to provide meaningful access to its programs and activities by persons with Limited English Proficiency (LEP). In accordance with federal guidelines, the CD Division will make reasonable efforts to provide or arrange for free language assistance for its LEP persons, including applicants, beneficiaries, recipients and/or clients eligible for Community Development Block Grant (CDBG), Home Investment Partnership Act (HOME), and Emergency Solutions Grant (ESG), Neighborhood Stabilization Program (NSP), and other CD Division Programs. II. MEANINGFUL ACCESS: FOUR-FACTOR ANALYSIS Meaningful access is free language assistance in accordance with federal guidelines. The CD Division will periodically assess and update the previously described four-factor analysis, including but not limited to: 1. The number or proportion of LEP persons eligible to be served or likely to be encountered by the CD Division. 2. The frequency with which LEP persons using a particular language come into contact with the CD Division. 3. The nature and importance of the CD Division program, activity or service to the persons life. 4. The CD Division s resources and the cost of providing meaningful access. Reasonable steps may cease to be reasonable where the costs imposed substantially exceed the benefits. III. LANGUAGE ASSISTANCE 1. A person who does not speak English as their primary language and who has a limited ability to read, write, speak or understand English may be a Limited English Proficient (LEP) person and may be entitled to language assistance with respect to the CD Division s programs and activities. 2. Language assistance includes interpretation, which means oral or spoken transfer of a message from one language into another language and/or translation, which means the written transfer of a message from one language into another language. The CD Division will determine when interpretation and/or translation are needed and are reasonable. 3. The CD Division staff will take reasonable steps to provide the opportunity for meaningful access to LEP persons who have difficulty communicating in English. If a person asks for language assistance and the CD Division determines that the person is a LEP person and that language assistance is necessary to provide meaningful access, the CD Division will make reasonable efforts to provide free language assistance. If reasonably possible, the CD Division will provide the language assistance in the LEP person s preferred language. 8

The CD Division has the discretion to determine whether language assistance is needed, and if so, the type of language assistance necessary to provide meaningful access. The CD Division will periodically assess needs for language assistance based on requests for interpreters and/or translation, as well as the literacy skills of the applicants/beneficiaries/clients. The CD Division will assess the needs, and re-evaluate the four-factor analysis, at least once every two years, or more frequently based upon a higher level of language assistance requests than currently noted. IV. TRANSLATION OF DOCUMENTS 1. The CD Division will weigh the cost and benefits of translating documents for potential LEP groups, considering the expense of translating the documents, the barriers to meaningful translation or interpretation of technical housing information, the likelihood of frequent changes in documents, the existence of multiple dialects within a single language group, the apparent literacy rate in a LEP group and other relevant factors. The CD Division will undertake this examination when an eligible LEP group constitutes five percent of an eligible person group. 2. If the CD Division determines that translation is necessary and appropriate, the CD Division will arrange to translate select mailings and documents of vital importance into that language. Based on the 2013 Four-Factor Analysis, the CD Division shall translate the following documents: Translate all program information and Public Notices on the City s website into 71 languages by Google Translate. Translate the Home Owner Assistance Program (HOAP) application/ intake/ agreement and related forms into Spanish; translate HOAP forms into other languages by professional agency as needed. Homebuyers should sign an English language Loan Agreement with the translated document provided to the LEP buyer marked For Information Only. Translate Rehabilitation, Home of Our Own (HOOO), and other program applications/ agreements in all languages by professional agency as needed. Homeowners should sign an English language Loan Agreement with the translated document provided to the LEP owner marked For Information Only. 3. As opportunities arise, the CD Division may work with other cities, counties, or agencies to share the costs of translating common documents, which may include language groups, which do not (yet) reach the threshold level in the CD Division s applicant/beneficiary/client population. 4. The Department of Housing and Urban Development (HUD) should provide prototype translations of standard housing documents in multiple languages in a timely fashion. HUD should provide this service to jurisdictions and the hundreds or thousands of other HUD grantees whose limited resources hinder their LEP efforts. 5. The CD Division will consider technological aids such as Internet-based translation services, which may provide helpful, although perhaps not authoritative, translations of written materials. 9

V. FORMAL INTERPRETERS 1. When necessary to provide meaningful access for LEP persons, the CD Division will provide qualified interpreters, including the CD Division s Spanish bilingual staff and professional agencies, if available. At important stages that require oneon-one contact, written translation and verbal interpretation services will be provided consistent with the four-factor analysis used earlier. 1. The CD Division may require a formal interpreter to certify to the following: 1. The interpreter understood the matter communicated and rendered a competent interpretation. 2. The interpreter will not disclose non-public data without written authorization from the person. 2. Formal interpreters shall be used at the following: 1. Formal hearings for denial of services, benefits. 2. Informal Reviews/Informal Hearings for services, benefits. 2. The CD Division staff interpreter may not be a subordinate to the person making the decision. 3. Bilingual CD Division employees, when available, can provide assistance to the CD Division staff and LEP persons as part of their regular job duties. VI. INFORMAL INTERPRETERS 1. Informal interpreters may include the family members, friends, legal guardians, service representatives or advocates of the LEP person. The CD Division staff will determine whether it is appropriate to rely on informal interpreters, depending upon the circumstances and subject matter of the communication. However, in many circumstances, informal interpreters, especially children, are not competent to provide quality and accurate interpretations. There may be issues of confidentiality, competency, or conflict of interest. 2. A LEP person may use an informal interpreter of his or her own choosing and at their expense, either in place of or as a supplement to the free language assistance offered by the CD Division. If possible, the CD Division should accommodate an LEP person s request to use an informal interpreter in place of a formal interpreter. 3. If a LEP person prefers an informal interpreter, after the CD Division has offered free interpreter services, the informal interpreter may interpret. In these cases, the person and interpreter should sign a waiver of free interpreter services. 4. If a LEP person wants to use his or her own informal interpreter, the CD Division reserves the right to also have a formal interpreter present. VII. OUTSIDE RESOURCES 1. Outside resources may include community volunteers, City of Aurora residents or program participants. 2. Outside resources may be used for interpreting services at public or informal meetings or events if a timely request has been made. Based on the 2013 Four-Factor Analysis, the CD Division may use outside professional resources for translators and both formal and informal interpreters as needed, which will be free of charge to the client. Two known agencies are: 1) The Asian Pacific Development Center, and 2) The Interpreter Network of Colorado. Contact information is available in the Four-Factor Analysis section. 10

VIII. GUIDANCE FOR COMMUNICATIONS WITH LEP PERSONS The CD Division will take appropriate steps to assure that all LEP persons who are eligible for a program are provided with the information and assistance necessary to participate in the program. The CD Division will also take appropriate steps to assure that all LEP persons can obtain information concerning the existence and location of the CD Division s programs, services, activities and facilities. The CD Division will use Language Identification Cards which allow persons seeking services to identify their language needs to staff. (Attached 3 pages from Census 2010). The CD Division has adopted the following procedures and resources for use in communicating with LEP persons: 1. Initial Point Of Contact a. At the initial point of contact, all potential applicants will be informed of the CD Division s policy of providing interpreters, at no cost to the person. Depending on the circumstances, notification may be given verbally by staff, posted, and/or printed on forms and brochures. b. The CD Division will strive to identify the language spoken by LEP persons as soon as possible at or after initial contact. Staff likely to encounter LEP persons will be provided Language Identification Cards which invite LEP persons to identify their language needs to staff. (Attached 3 pages from Census 2010). 2. Notice Posted Of Available Free Language Assistance The CD Division will post notice to LEP persons of available free Language Assistance in common areas, offices, and anywhere applications are taken. This notice will be translated into the most common languages encountered as noted in the Four-Factor Analysis: 1) Spanish, 2-3) African Languages, including Amharic and Somali, 4) Korean, 5) Vietnamese, and 6) Russian. 3. Telephone Communications a. If possible, The CD Division staff should first determine the caller s language. b. If an English speaking family member or third party initiates the call on behalf of the LEP person, staff must advise the LEP person of the CD Division s policy to provide free language assistance. The CD Division may not require the LEP person to use an informal interpreter. If a LEP person prefers an informal interpreter, after the CD Division has offered free interpreter services, the informal interpreter may interpret. A LEP person s request to use his/her own interpreter must be noted in the person s file. c. If an interpreter is necessary, use the telephone conferencing feature and call a telephone interpreter line (such as ) to arrange for an interpreter. If no interpreter is available, direct the caller to the phone numbers for. 11

d. Once the interpreter comes on the line, the call should be conferenced so that the LEP caller is part of a three way call between staff, the caller and the interpreter. e. The CD Division should develop a LEP Request Form to document the LEP person s use of the CD Division s service, listing the LEP person s name, the language spoken by the LEP person, and the service provided. 4. In-Person Communications a. In the instances where a LEP person walks in, staff should first determine the LEP person s language. Staff should use the Language Identification Cards to invite LEP persons to identify their language needs to staff. (Attached) b. If an English speaking family member or third party offers to provide informal interpretation services on behalf of the LEP person, then the CD Division staff member must advise the LEP person of the CD Division s policy to provide free interpretation services. c. The CD Division may not require the LEP person to use an informal interpreter. If a LEP person prefers an informal interpreter, after the CD Division has offered free interpreter services, the informal interpreter may interpret. A LEP person s request to use his/her own interpreter must be noted in the person s file. d. If an interpreter is necessary, call a language service provider (such as ) to arrange for an interpreter. If no interpreter is available, direct the LEP person to the phone numbers for. e. Once the interpreter comes on the line, staff can use the speaker phone function to include the interpreter in the meeting with the LEP person. f. Staff must use the LEP Request Form to document the LEP person s use of the CD Division s service, listing the LEP person s name, the language spoken by the LEP person, and the service provided. 5. Written Communications - Translation The CD Division serves a very large variety, but small numbers of LEP groups. The CD Division will provide oral translations of important documents through interpreters, free of charge to LEP persons through the language service provider (such as ). IX. MONITORING The CD Division will review and revise this LAP Plan, including the Four Factor Analysis from time to time. The review will include: a. Reports from the City of Aurora s and the CD Division s computer business systems on the number of applicants/beneficiaries/clients who are LEP, to the extent that the software and staff data entry can provide such information. Such reports may be supplemented by staff observations. b. Reports from the computer business systems and other sources listing the languages used by LEP persons. c. A determination as to whether five percent from the City of Aurora s person group speak a specific language, which triggers consideration of document translation needs as described above. d. Analysis of staff requests for contract interpreters: number of requests, languages requested, costs, etc. 12

X. LAP PLAN DISTRIBUTION AND TRAINING The LAP Plan will be: 1. Distributed to all CD Division staff. 2. Available at the CD Division Administrative Office. 3. Posted on the CD Division s website. 4. Explained in orientation and training sessions for supervisors and other staff who need to communicate with LEP persons. XI. COMPLAINTS AND GRIEVANCES Complaints should be sent to the CD Division. The CD Division will follow its previously established complaint process. The CD Division will investigate the complaint to determine if a violation of this policy has occurred. Following such investigation, the CD Division will make a determination regarding the complaint, and if necessary, take corrective action. Only applicants, residents, beneficiaries or clients may file a grievance. A grievance is any dispute which an applicants, residents, beneficiaries or clients may have for the CD Division s failure to provide the requested free Language Assistance. A person, or his or her representative, may present a grievance either verbally or in writing to the CD Division within ten (10) business days after receiving the determination of the CD Division. The grievance must state: (a) the reasons for the grievance; (b) the action requested; and, (c) the name, address and telephone number of the LEP person. The grievance will be processed in accordance with the CD Division s grievance procedures. XII. REVISIONS The CD Division may revise its LAP Plan, in its sole discretion, to effectuate the intent, purpose or interpretation to ensure continued compliance with applicable law, without notice to residents/persons, applicants, or other parties. XIII. DISCLAIMER The policy guidelines described herein do not form a contract between the CD Division and any other parties. The guidelines are intended solely to ensure compliance with federal law. These policy guidelines will be used for assessing the needs of the LEP community and evaluating requests for language assistance by the CD Division s applicants and residents/persons. They are not intended to be an exhaustive compilation of rules or policies governing assessment by the CD Division of requests for free language assistance. If any conflicts exist or arise between these guidelines and guidance issued by the U.S. Department of Housing and Urban Development ( HUD ), or existing or future statutes, regulations, or other legal requirements, the CD Division will follow the legal requirements. ADOPTED BY: Date: Aaron B. Gagné, Community Development Division Manager 13

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