Non-Discrimination Policies

Title VI requires that no person in the United States of America shall, on the grounds of race, color, or national origin, be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any program or activity provided by the recipient of federal assistance. The City of Fort Collins receives federal financial assistance. Any person who believes they, or any specific class of persons, have been discriminated against in violation of Title VI may by themselves, or by a representative, file a formal complaint with the City of Fort Collins as described below. Any such complaint must be in writing or provided verbally so that it can be put in writing and filed with the City’s Title VI Coordinator within 180 days following the date of the alleged discriminatory act or decision. Individuals are not required by federal regulations to file a complaint with the City of Fort Collins and may file a complaint directly with the appropriate federal or enforcement agency. Please note that Title VI does not address gender, age, or disability discrimination. Other laws address gender, age, and disability discrimination.

The City’s Title VI Coordinator position is administrative in nature. The role of the Title VI Coordinator is to assist people in understanding the City’s non-discrimination policies and procedures in relation to compliance with Title VI. The Title VI Coordinator is an impartial administrator who neither advocates for, nor is an adversary to, a person who wants to or has filed a Title VI complaint. The Title VI Coordinator’s responsibility is to ensure the proper administration of the Title VI complaint process.

If a person believes that they, or a specific class of persons, has been discriminated against by the City of Fort Collins or one of the City’s federal assistance sub-recipients on the basis of race, color, or national origin, in violation of Title VI, such person has the right to file a complaint with the City’s Title VI Coordinator. The complaint should be documented in writing on a Title VI Complaint Form.

The Complaint Form should contain the name, address, and telephone number of the Complainant. It should also include as much information as possible concerning the alleged violation, including the location, date and description of the problem or incident.

The Complaint Form must be completed and signed by the Complainant or their authorized representative. Upon request, the City will make available language assistance for persons with limited English proficiency or other assistance as necessary for filing a complaint.

Complaint forms submitted to the City are open to inspection pursuant to the Colorado Open Records Act, Colorado Revised Statutes §24-72-101, et. seq. It will likely be necessary to share some or all information, including the identity of the person filing the complaint, in order to resolve the complaint or as required by law. Investigation of a Title VI complaint will likely include discussion of the allegations of the complaint with those employees or sub-recipients, or others who may have been involved with the alleged discriminatory act or decision.

The complaint must be submitted by the complainant and/or their designee as soon as possible, but no later than 180 calendar days after the alleged violation. Submit to:

Title VI Coordinator, Jan Reece, 300 Laporte Ave, Fort Collins, CO 80521

970-416-4254

The complaint can also be filed by emailing it to: titlesix@fcgov.com

If a person believes they have been discriminated against in violation of Title VI, such person also has the right to file a complaint with an external entity such as the federal agency providing federal assistance to the City, related to the program, service or activity of concern or with the United States Department of Justice. For more information about filing a Title VI complaint, visit the U.S. Department of Justice website: http://www.justice.gov/crt/complaint/.

A person who is interested in learning more about filing a complaint may reach the Department of Justice by telephone at (888) 848-5306 for English and Spanish (ingles y Espanol) or (202) 307-2678 (TDD).

Within thirty (30) days of receiving the written complaint, the Title VI Coordinator will notify the Complainant of its receipt. The Title VI Coordinator will attempt to discuss the complaint with the Complainant and any City staff members or others who are concerned with the complaint and will attempt to resolve the complaint informally.

If the Title VI Coordinator determines further investigation is warranted, they shall mail to the Complainant a notice of continuing investigation (“NCI”) within fifteen (15) days of receiving the completed Complaint Form. If appropriate, the Title VI Coordinator may also arrange to meet with the Complainant to discuss the matter and possible resolution. If the matter is not resolved informally, the Title VI Coordinator shall respond with their final response, in writing, within forty-five (45) calendar days of the NCI being sent to the Complainant.

If the Title VI Coordinator’s final response does not satisfactorily resolve the matter, the Complainant or authorized representative may appeal against the decision of the Title VI Coordinator, in writing, to the City Manager, City of Fort Collins, P.O. Box 580, Fort Collins, Colorado 80522. The Complainant shall file their appeal, including a detailed description of its basis, no later than thirty (30) calendar days of receiving the response.

Within thirty (30) calendar days of receipt of the appeal, the City Manager, or their designee, will designate a third party (not a City employee) to act as appeal officer (the “Appeal Officer”). The Appeal Officer shall attempt to meet with the Complainant to discuss the complaint and possible resolutions. The Appeal Officer will be an attorney or someone who is well-versed in Title VI law, rules, and regulations. Within forty-five (45) calendar days of the filing of the appeal, the Appeal Officer shall respond with a final resolution of the complaint.

At that point, the Complainant may investigate their options for further action, including,

but not limited to, those described in the subsection above.

The Title VI Coordinator, the City Manager or their designee, and the Appeal Officer may extend the deadlines noted herein for cause and with notification to the Complainant.

The City’s Title VI Coordinator will maintain the following materials for three (3) years:

1. Written complaints received by the Title VI Coordinator.

2. Final responses from the Title VI Coordinator.

3. Final resolutions by the Appeals Officer.

Additionally, a summary of all complaints received will be retained for at least five (5) years.

Information including Transfort/Dial-A-Ride’s Title VI notice and Title VI complaint form are also available in hard copy at any Transfort transit center during operating hours. These documents will also be made available in alternative languages or formats, upon request, and at no cost, by contacting the City’s Title VI Coordinator via email at titlesix@fcgov.com or by calling (970) 416-4254.

A complaint regarding the provision of facilities, services, activities, programs, or benefits by the City should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.

The complaint must be submitted by the complainant and/or their designee as soon as possible, but no later than 180 calendar days after the alleged violation. Submit to:

ADA Coordinator

Jan Reece

300 Laporte Ave, Fort Collins, CO 80521

970-416-4254

adacoordinator@fcgov.com

Within thirty (30) calendar days of receipt of the complaint, the City’s ADA Coordinator, or their designee, will meet with the complainant to discuss the complaint and the possible resolutions. Within forty-five (45) calendar days of the meeting, the City’s ADA Coordinator, or their designee, will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City of Fort Collins, Transfort, or Dial-A-Ride, and offer options for substantive resolution of the complaint.

If the response by the City’s ADA Coordinator, or their designee, does not satisfactorily resolve the issue, the complainant, and/or their designee, may appeal the decision from the City Manager, or their designee, within thirty (30) calendar days of receiving the response.

Within thirty (30) calendar days of receipt of the appeal, the City Manager, or their designee, will designate a third party (not a City employee) to act as appeal officer (the “Appeal Officer”). The Appeal Officer shall attempt to meet with the complainant to discuss the complaint and possible resolution. The Appeal Officer will be an attorney or someone who is well-versed in disability law rules and regulations. Within forty-five (45) calendar days of the meeting, the City Manager, or their designee, will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

The City’s ADA Coordinator and the City Manager, or their designee, may extend the deadlines noted herein for cause and with notification to the complainant.

Complaint forms submitted to the City are open to inspection pursuant to the Colorado Open Records Act, Colorado Revised Statutes §24-72-101, et. seq. It will likely be necessary to share some or all information, including the identity of the person filing the complaint, in order to resolve the complaint or as required by law. Investigation of an ADA complaint will likely include discussion of the allegations of the complaint with those employees or others who may have been involved with the alleged discriminatory act or decision.

All written complaints received by Transfort/Dial-A-Ride and/or the City’s ADA Coordinator, appeals to the City Manager or their designee, and responses from these two offices will be retained by the City of Fort Collins for at least three (3) years. Additionally, a summary of all written complaints received will be retained for at least five (5) years. For information about filing a complaint regarding a non-City entity that has discriminated on the basis of disability, please visit the Colorado Civil Rights Division website at this address: https://ccrd.colorado.gov/.

The City of Fort Collins (“City”) and the Transfort Department, a department within the City organization, have a strong commitment to the community we serve and our employees. As an equal opportunity employer, we strive to have a workforce that reflects the community we serve. No person shall be unlawfully excluded from employment opportunities based on race, color, religion, national origin, sex (including gender identity, gender expression, sexual orientation, and pregnancy), age, genetic information, disability, veteran status, or other protected class.

The Transfort Department’s Equal Employment Opportunity (EEO) policy applies to all departmental employment actions, including but not limited to, recruitment, hiring, selection for training, promotion, transfer, demotion, layoff, termination, rates of pay or other forms of compensation.

All applicants and employees have the right to file complaints with human Resources alleging discrimination and retaliation. Employees receive written notice of the means for filing such complaints through the City’s Personnel Policies and Procedures. Retaliation against an individual who files a charge or complaint of discrimination, participates in an employment discrimination proceeding (such as an investigation or lawsuit), or otherwise engages in protected activity is strictly prohibited and will not be tolerated.

Transfort is committed to providing reasonable accommodations to qualified individuals with disabilities who are employees or applicants for employment except when such accommodation would cause an undue hardship. Transfort is committed to providing a reasonable accommodate to an employee or applicant’s religious beliefs or practices, unless doing so would cause more than a minimal burden on Transit Operations.

As the City of Fort Collins City Manager, I maintain overall responsibility and accountability for Transfort’s compliance with its EEO Policy and Program. To ensure day-to-day management, including program preparation, monitoring, and complaint investigation, I have appointed Claudia Menendez, Equity Officer, cmenendez@fcgov.com, as the City’s EEO Officer. Claudia Menendez reports  directly to the Deputy City Manager and acts with my authority with all levels of management and employees.

All Transfort executives, management, and supervisory personnel, however, share in the responsibility for implementing and monitoring Transfort’s EEO Policy and Program within their  respective areas and will be assigned specific tasks to ensure compliance is achieved. Transfort will evaluate managers’ and supervisors’ performance on their successful implementation of Transfort’s EEO policies and procedures, in the same way the City assesses their performance regarding other agency goals.

Transfort is committed to continuing to develop and implement a written nondiscrimination program that sets forth the policies, practices and procedures, with goals and timetables, to which the City is committed. Transfort’s EEO Program policy is available for inspection by any Transfort  employee or applicants for employment upon request.

I am personally committed to a workplace that acts upon its daily responsibility to treat all applicants and employees with dignity and respect, as well as equitably, under the guidelines of the Transfort Department’s EEO Policy and Program.

Kelly DiMartino, City Manager

City of Fort Collins