[HISTORY: Adopted by the Suffolk County Legislature as indicated
in article histories. Amendments noted where applicable.]
[Adopted 4-24-2018 by L.L. No. 16-2018]
This Legislature hereby finds and determines that the County
of Suffolk is linguistically diverse, with 20% of its residents, aged
five and older, speaking a language other than English at home and
10% having limited English proficiency. This Legislature also finds
and determines that language can be a substantial barrier for residents,
including English language learners (ELLs), seeking to access government
information, programs and services. This Legislature finds that Title
VI of the Civil Rights Act of 1964 prohibits agencies receiving federal
funds from discriminating against persons on the basis of race, color
or national origin. This Legislature determines that Presidential
Executive Order 13166 (August 11, 2000) requires federally funded
agencies to take action to ensure that individuals with limited English
proficiency have access to programs and services. This Legislature
further determines that in 2012, the County Executive by executive
order established a language access policy. This policy should be
codified into law to ensure that County residents have language access
to programs and services on a permanent, ongoing basis. This Legislature
concludes that it is in the best interest of all County residents
to ensure and improve language access to County programs and services.
Therefore, the purpose of this article is to establish a permanent
policy on language access for Suffolk County.
[Amended 6-23-2020 by L.L. No. 25-2020]
As used in this article, the following terms shall have the
meanings indicated:
Any agency, department, division or office of Suffolk County
government which provides programs and/or services to the public or
programs and/or services made available to individuals in the custody
of Suffolk County at a County correctional facility.
Services administered by an agency directly to program beneficiaries
and/or participants, including any services administered by an agency
directly to individuals in the custody of Suffolk County at a County
correctional facility.
Those documents most commonly distributed to the public and
individuals in County correctional facilities that contain or elicit
important and necessary information regarding the provision of basic
County services.
A.
Any County agency that provides direct public services, including
services provided to individuals in the custody of Suffolk County
in any County correctional facility, shall, in all relevant programs
and services, competently translate vital documents, including, but
not limited to, forms and instructions provided to or completed by
program participants and beneficiaries, into the six most common non-English
languages spoken by individuals with limited English proficiency in
the County, based on United States census data, and relevant to services
offered by the agency. "Competent translation" shall mean a trans-language
rendition of a written message in which the translator comprehends
the source language and can write comprehensively in the target language
to convey the meaning intended in the source language. Online translation
tools shall not be used for translating documents.
[Amended 6-23-2020 by L.L. No. 25-2020]
B.
Each County agency, in all relevant programs and services, shall
provide competent interpretation services between the agency and an
individual in his or her primary language with respect to the provision
of services or benefits. "Competent interpretation shall mean a trans-language
rendition of a spoken message in which the interpreter comprehends
the source language and can speak comprehensively in the target language
to convey the meaning intended in the source language. The interpreter
shall know relevant terminology and provide accurate interpretations
by choosing equivalent expressions that convey the best matching and
meaning to the source language and capture, to the greatest extent
possible, all nuances intended in the source material.
C.
Every County agency shall publish a language access plan that will
reflect how the agency will comply with this article. Such plan shall
be issued within 60 days of the effective date of this article and
be updated biannually. County agencies will file their language access
plans with the Clerk of the County Legislature, who shall provide
copies to each member of the Legislature. Each language access plan
shall set forth, at a minimum, the following:
(1)
When and by what means the agency will provide, or is already providing,
language assistance services and how such services will be provided
to hearing- and vision-impaired residents.
(2)
The titles of all available translated documents and the languages
into which they have been translated.
(3)
The number of public contact positions in the agency and the number
of fully bilingual employees in public contact positions and the languages
they speak.
(4)
A uniform training plan for agency employees, including annual training
on the language access policies and the provision of language assistance
services as well as providing a procedure that allows employees to
report issues and problems implementing the language access plan.
(5)
A plan for biannual internal monitoring of the agency's compliance
with language access policies. This plan shall include feedback from
the public, community groups and other stakeholders.
(6)
A plan of how the agency intends to notify the population of offered
language assistance services.
(7)
A language access coordinator at the agency, who shall be publicly
identified. The language access coordinator shall monitor the agency's
compliance with this article by biannually collecting data on the
provision of language assistance services, the availability of translated
materials, whether signage is properly posted, and any other relevant
matters.
D.
The language access coordinators shall meet on a regular basis and
annually submit a written report to the County Legislature describing
the actions taken by their agencies in the preceding year to implement
their language access plans. This report will be submitted to the
Legislature no later than April 15 each year, beginning in 2020.
E.
Use of language services shall not be deemed by any County employee
as a basis for inquiring into information related to an individual's
immigration status or other personal attributes. No County employee
shall inquire about or disclose confidential information, including,
but not limited to, immigration status, unless such inquiry or disclosure
is required by law.
This article shall apply to actions taken by County agencies
occurring on or after the effective date of this article.
If any clause, sentence, paragraph, subdivision, section, or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
This article shall take effect January 1, 2019.
[Adopted 9-5-2018 by L.L.
No. 22-2018]
This Legislature hereby finds and determines that there are
over 48 million Americans who are deaf or hard of hearing. This Legislature
also finds and determines that individuals who are deaf or hard of
hearing are especially vulnerable when natural disasters and public
emergencies arise. This Legislature further finds and determines that
one of the many difficulties the deaf and hard of hearing face during
times of emergency is the inability to obtain essential, potentially
life-saving information from government agencies responsible for emergency
management. This Legislature finds that municipalities like Suffolk
County are responsible for natural disaster and emergency response,
including providing timely updates and important information to all
County residents to ensure maximum preparedness and safety before,
during and after the emergency event. This Legislature determines
that, in order to ensure that the messages being provided by the County
are available to the largest number of residents possible, American
Sign Language interpreters should be utilized at all press conferences
during natural disasters and emergencies. Therefore, the purpose of
this article is to require that American Sign Language interpreters
be present at all County press conferences held in relation to natural
disasters and other emergency circumstances.
As used in this article, the following terms shall have the
meanings indicated:
The Commissioner of the Department of Fire, Rescue and Emergency
Services.
As defined in New York State Executive Law § 20(2).
Any disaster, rioting, catastrophe, severe weather, flooding
or similar event, regardless of whether a state of emergency has been
officially declared by the state or any local government.
A press conference relating to or involving planning for,
or responding to, an emergency situation.
A meeting organized by a County official, employee or other
representative of the County of Suffolk which has one or more journalists
and other representatives of the media present for the purpose of
officially distributing information to the media and the public and
to answer questions.
An interpreter fluent in American Sign Language who meets
the requirements set forth in New York State Judiciary Law § 390.
A.
It shall be the responsibility of the Commissioner to ensure that
qualified and certified American Sign Language interpreters are available
to provide sign language interpretation services at all emergency
situation press conferences. Such interpreters shall be present and
provide such services at each emergency situation press conference
held by any officer, official, employee or agent of the County. To
the greatest extent possible, the Commissioner shall ensure that the
sign language interpreter shall be physically positioned in a manner
that his or her face, body, arms and hands are visible in the video
transmission of the press conference at all times.
B.
The Commissioner shall establish protocols for securing the services
of qualified and certified American Sign Language interpreters at
all emergency situation press conferences.
This law shall apply to all emergency situation press conferences
occurring on or after the effective date of this article.
If any clause, sentence, paragraph, subdivision, section, or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
This article shall take effect 120 days following its filing
in the Office of the Secretary of State.
