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City of Omaha - Nebraska

City of Omaha Human Rights and RelationsOmaha, Nebraska

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Enforcement Authority

  1. City of Omaha, Resolution 1094, September 21, 2010.
  2. Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d to 2000d-4; (49 CFR, Part 21; the standard DOT Title VI assurance signed by each State pursuant to DOT Order 1050.2; Executive Order 11764; 28 CFR 50.3);
  3. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601-4655) (49 CFR Part 25; Pub. L. 91-646);
  4. Title VIII of the Civil Rights Act of 1968, amended 1974 (42 U.S.C. 3601-3619);
  5. 23 U.S.C. 324;
  6. Subsequent Federal-Aid Highway Acts and related statutes.
  7. Section 504 of the 1973 Rehabilitation Act (29 USC 790).
  8. The 1975 Age Discrimination Act (42 USC 6101)
  9. The Civil Rights Restoration Act of 1987.
  10. Executive Order 12898 on Environmental Justice (EJ).
  11. Executive Order 13166 on Limited English Proficiency (LEP).

Responsibilities

As authorized by the LPA Administrator, the Title VI Coordinator is responsible for initiating, monitoring, and ensuring LPA compliance with Title VI requirements as follows:

  • Administer, coordinate and Implement the Title VI Program plan.
  • Review submitted written Title VI complaints and ensure every effort is made to resolve complaints informally at the local or regional level.
  • Review statistical data gathering process to ensure sufficiency of data for meeting requirements of Title VI program administration.
  • Ensure that available census data is included as a part of all Environmental Impact Statements/Assessments (EIS/EIA) for projects receiving Federal Highway Administration or other Federal assistance.
  • Conduct or facilitate training programs on Title VI issues and regulations for LPA employees; facilitate Title VI training for appropriate staff, contractors and sub-recipients.
  • Review and update the LPA Title VI plan as needed or required.
  • Prepare an annual report of Title VI accomplishments and changes to the program in the preceding Federal fiscal year, identify goals and objectives for the upcoming year as required.
  • Work with LPA staff to develop and disseminate Title VI program information to LPA employees and sub-recipients, including contractors, subcontractors, consultants, and sub-consultants and beneficiaries, as well as the general public.
  • Work with other LPA offices to establish procedures for promptly resolving deficiencies, as needed. Recommend procedures to identify and eliminate discrimination that may be discovered in LPA processes.
  • The Coordinator will maintain and update Legislative and Procedural information for the current LPA Title VI Plan.

Complaints of Discrimination

City of Omaha

No person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

These procedures apply to all complaints filed under Title VI of the Civil Rights Act of 1964, relating to any program or activity administered by the City of Omaha or its sub-recipients, consultants and/or contractors.  Intimidation or retaliation of any kind is prohibited by law.

Persons Eligible to File:  any individual or group of individuals, or entity who believes that he or she or any specific class of persons has been subjected to discrimination or retaliation prohibited by any of the Civil Rights authorities based upon race, color, sex, age, national origin or disability may file a written complaint. 

Discrimination: an act (or action) or inaction whether intentional or unintentional, through which a person in the United States, based on race, color, sex, age, national origin, or disability has been subjected to unequal treatment under any program or activity receiving Federal financial assistance.

Filing of Complaint

  1. Complaints may be filed by the affected individual or a representative of that individual
  2. Complaints must be in writing and contain as much information as possible about the alleged discrimination. The City of Omaha has prepared a Complaint Form to be used for the convenience of the complainant.  The written complaint should include:
    1. Complainant’s name, address and telephone number
    2. A detailed description of the issues,
    3. Name and job titles of individuals perceived as parties in the complaint

Complaints received by telephone will be reduced to writing and provided to complainant for confirmation or revision, and signature before processing.

  1. Complaint forms can be found by contacting the City of Omaha Human Rights and Relations Title VI Coordinator. Complaints and substantiating information should be sent to:

    City of Omaha
    Human Rights and Relations
    Gerald M. Kuhn, II, Title VI Coordinator
    1819 Farnam Street Suite, 502
    Omaha, NE 68183
    (402) 444-5055
    This email address is being protected from spambots. You need JavaScript enabled to view it. 

    Alternate means of filing a complaint will be made available to accommodate persons with disabilities upon request.

  2. A complaint should be filed as soon as possible but must be no later than 180 calendar days after the complainant becomes aware of the alleged discrimination unless the time for filing is extended by the designated agency for good cause shown.
  3. Upon receipt of the complaint, the City of Omaha will notify the Federal Highway Administration, to coordinate all further action regarding the complaint.
  4. The City of Omaha Human Rights and Relations Manager, or other Investigator, will contact the complainant to:
    1. Acknowledge receipt of the complaint by the investigator
    2. Confirm that the complainant wishes to go forward with the complaint
    3. Confirm that there are allegations that need to be investigated and resolved, and
    4. Gather additional facts and further clarify the complaint.

Investigation of Complaint

An Investigator will review and investigate the complaint. As part of the review, the investigator will at a minimum:

  1. Gather relevant documentation from the complainant not included in the complaint, such as forms, memos, letters, and photographs information
  2. Contact complainant to arrange and conduct an interview, if needed
  3. Maintain a log of all activities associated with the complaint.
  4. Complete Investigative Report of information, findings, photos, and recommendations for correction to the Federal Highway Administration (FHWA).
  5. A copy of the complaint, together with a copy of the State’s report of investigation, shall be forwarded to the FHWA division office within 60 days of the date the complaint was received by the State.

A Title VI finding of violation or no violation is a Federal decision that cannot be delegated. Although The City of Omaha can conduct a Title VI investigation and make a recommended finding to the Federal decision-making authority, the City of Omaha must submit the proposed dispositions to FHWA for a Final Agency Decision.

Dismissal of Complaint

A complaint may be dismissed for the following reasons:

  1. The complaint is untimely filed.
  2. The complaint does not allege a basis covered by the statutes for which the City of Omaha is responsible.
  3. The complaint does not allege any harm with regard to covered programs or statutes.
  4. The complainant requests the withdrawal of the complaint.
  5. The complainant fails to respond to repeated requests for additional information needed to process the complaint.
  6. The complainant cannot be located after reasonable attempts.

 Title VI Coordinator

Gerald M. Kuhn, II, Title VI Coordinator
402-444-5065
This email address is being protected from spambots. You need JavaScript enabled to view it.