V. Selected Local Language Access Policies

      Three California cities--Oakland, San Francisco, and Monterey Park--have supplemented the Bilingual Services Act's enforcement provisions by implementing language access ordinances. Other U.S. cities have also implemented language access ordinances to complement or supplement federal state language access policies.

      Below is a survey of language access policies found nationwide, in order of adoption, which highlights each policy's notable features.  The survey provides local elected officials a glimpse of the range of practices that other local entities have implemented to address the needs of LEP residents.

A. Oakland, Cal. - City of Oakland Ordinance No. 12324: Equal Access to Services Ordinance Adopted April 26, 2001

      The City of Oakland was the first city in the U.S. to implement a language access ordinance. Oakland's ordinance code number 12324, known as the “Equal Access to Services Ordinance,” is modeled on San Francisco's “Equal Access to Services Ordinance” (San Francisco drafted its ordinance first, but Oakland was the first to implement it).“Two immigrant members of the Oakland City Council, Ignacio de la Fuente and Danny Wan, heard about [San Francisco's effort] and took a personal interest in providing language access protections for their Advocates in both cities found it helpful to educate local authorities about existing federal and California law, to demonstrate that a local ordinance would supplement the efforts of other levels of government.

      Oakland incorporated the wording of California's Bilingual Services Act, but the ordinance's drafters took the responsibility further by providing guidance as to definitions, evaluation, implementation, and compliance.  For example, a “‘substantial number of Limited English- Speaking Persons Group”’ is specifically defined as “at least 10,000 limited English-speaking city residents who speak a shared language other than Oakland's city planning department must also determine whether a group meets the threshold on an annual basis based on U.S. Census data.

      Oakland's ordinance eased implementation difficulties by implementing the services in two phases and dividing the departments required to hire bilingual employees into two tiers. By listing the specific agencies required to provide language access, Oakland reduces doubt and confusion as to which agencies must participate. There is also a single individual, the city manager, charged with determining the adequacy of services upon review of each department's annual compliance plan, enforcing the provisions of the ordinance, and ensuring that each department complies. The ordinance requires oral interpretation at public meetings and hearings if requested at least forty-eight hours in advance and specifies which documents must be translated for the public.

B. San Francisco, Cal. - City and County of San Francisco Ordinance No. 126-01: Equal Access to Services Ordinance Adopted June 15, 2001

      Community advocates were also instrumental to the passage of the City of San Francisco's ordinance number 126-01, known as the “Equal Access to Services Ordinance.” Advocates formed a coalition composed of immigrant groups, policy advocates, and legal services organizations to promote the ordinance. San Francisco's Board of Supervisors approved the ordinance “which, in effect, ‘implements and supplements' the Bilingual Services

      San Francisco's ordinance requires all city departments to “provide information and services to the public in each language spoken by a Substantial Number of Limited English-Speaking Persons or to the public served by a Covered Department Facility in each language spoken by a Concentrated Number of Limited English-Speaking A “concentrated number of limited English-proficient persons” is “5 percent of the population of the district in which a Covered Department Facility is located or 5 percent of those persons who use their [sic] services provided by the Covered Department A “substantial number of limited English-proficient persons” is “either 10,000 city residents or 5 percent of those persons who use the department's

      Like Oakland's ordinance, San Francisco's gives local departments a range of options, including conducting annual language needs assessments through surveys, using written and oral language services including oral interpretation at public meetings and hearings, developing annual compliance plans, and allowing persons to file complaints alleging violations of the ordinance.

C. Philadelphia, Penn. - City of Philadelphia Executive Order No. 4-01 Adopted September 29, 2001 and Executive Order No. 09-08 Adopted June 9, 2008

      The City of Philadelphia implemented its language access ordinances in two steps.Philadelphia's Executive Order (“Order”) No. 4-01 was a reaction to the 2000 Federal Order. Philadelphia acknowledged its immigrant population was growing and indicated that its immigrant residents played an important role in the city. With this initial step, Philadelphia sought to “reduce language barriers . . . preventing its residents with limited English proficiency from meaningfully accessing federally funded city services that are available to all

      Philadelphia's first Order required “all City departments, boards and commissions . . . [to] take reasonable steps to provide meaningful access to their federally funded programs and activities for persons with limited English These first steps included: assessments of programs and activities that received federal funding to determine how and to what extent their LEP residents were prevented from accessing programs and to determine the level of economic resources required to address the needs of the LEP residents those programs or activities served, and use of the assessments to develop compliance plans detailing the steps departments would take to ensure that LEP persons could effectively participate in and benefit from federally assisted programs and activities.

      Later, Philadelphia replaced its first Order with a more comprehensive policy - Executive Order No. 9-08--entitled “Access to City Programs and Activities for Individuals with Limited English The new Order outlined Philadelphia's evolution “into a regional center of cultural diversity” and the steps leading to its provision of language access services. Although the Order originated as a reaction to federal legislation, all city agencies are now required to provide various forms of language access regardless of whether they receive federal funding.

D. Minneapolis, Minn. - City of Minneapolis Resolution 2003-R547: Approving the Creation of a LEP Plan Adopted November, 2003

      The City of Minneapolis was also motivated to implement an ordinance in reaction to the DOJ's issuing guidelines regarding compliance with Title VI and to better integrate the increasing foreign-born population. In August 2000 Minneapolis's Interdepartmental New Arrivals Work Group issued a report entitled “Welcoming New Arrivals to Minneapolis: Issues and In response to a question in the report about what staff had done to overcome language barriers, the most common response (47%) was “Use client's friends/family members as interpreters.”To make further progress on the area of language access, the city resolved to:

       • provide quick, convenient, and effective interpreting and translation services;
       • train staff on culture and language;
       • identify and develop relationships with individuals and organizations in new arrival communities;
       • hire more bilingual and bicultural staff.
      Minneapolis also resolved to have key departments “work together to train all city staff that have contact with LEP persons in how to provide meaningful language Meaningful access includes “measures such as: creating, monitoring, and updating an LEP [P]lan; identifying and tracking language preferences of people using or potentially using city services; interpreting by interpreters with proven competency, provided by the city; translating of vital written documents, provided by the city; providing notice to LEP persons of the free services available; and training staff in language access issues and

      By including LEP persons in creating the language services compliance plans, Minneapolis demonstrated its commitment to creating a comprehensive plan that included all constituents in its community. Minneapolis is strongly committed to making city services and information about those services available to everyone, regardless of language barriers. This commitment stems from overall city goals of responsive public agencies, community engagement, and customer service.

      “As residents, workers or visitors who contribute to city life, people with limited English proficiency (LEP) are entitled to fair and equal access to After months of “planning, consultation and review of legal mandates and LEP [P]lans created by other cities and counties,” in November 2004, Minneapolis introduced its LEP Plan “to give specific direction to staff about how to make city services accessible to those who speak limited

E. Monterey Park, Cal. - City of Monterey Park Administrative Policy 10-35: Multilingual City Services Adopted December 18, 2003

      The City of Monterey Park did not base its ordinance on California law nor was it a reaction to federal law. Instead, Monterey Park has implemented innovative measures to ensure that its remarkably diverse residents have adequate language access.

      To ensure city services and civic engagement are accessible regardless of English proficiency, Monterey Park implements inexpensive yet effective practices to provide language access services.  For example, to provide translation of documents and correspondence, Policy 10-35 provides:

       A Volunteer Translators and Interpreters Program will be maintained to assist with the translation of various city brochures, applications, and press releases into appropriate languages.  This program will consist of residents, business operators and other interested individuals who are certified as bilingual to ensure their competency in translating complex documents.
       Depending on the timing, complexity and availability of the Volunteer Translator and Interpreters Program volunteers, the city shall contract for services of local businesses that provide translation and typesetting services in languages other than English for use in translating and printing city materials, press releases and brochures that will supplement the effort to communicate governmental services and programs.
      Monterey Park also takes the following steps:

       • Provides a “Language Identification Card” that allows individuals to identify their native tongue that is available at all public counters and issued to all field personnel.
       • Takes additional steps to distribute the “Language Identification Cards,” including mailing one to each city household as an insert in the water bill on a biennial basis and sending the cards as part of the new resident packages
       • Makes public building signage as universally understandable as possible including using international symbols on all restrooms at public facilities, and placing identifying signs (for example, those labeling agency departments over counters, such as building, human resources, etc.) in dominant languages (for Monterey Park, Chinese and Spanish) as well as English.

F. New York, N.Y. - City of New York Local Law 73: Equal Access to Human Services Adopted December 22, 2003 and City of New York Executive Order No. 120: Citywide Policy on Language Access to Ensure the Effective Delivery of City Services Adopted July 22, 2008

      The City of New York adopted its “Equal Access to Human Services Act of 2003” to comply with Title VI. New York requires its agencies to provide various interpretation and translation services promptly “by ensuring that limited English-proficient speakers do not have to wait unreasonably longer to receive assistance than individuals who do not require language assistance In July 2008, Mayor Bloomberg implemented a new policy to improve existing language access services. The Mayor ordered that all city agencies develop plans based on the guidance provided by the DOJ in 2002. Unlike other cities, New York requires its agencies to “provide services in languages based on at least the top six LEP languages spoken by the population of New York

G. Seattle, Wash. - City of Seattle Executive Order 01-07: City-Wide Translation and Interpretation Policy Adopted January 31, 2007

      The City of Seattle does not describe its ordinance as a reaction to federal or state law. It is a short and simple ordinance that “seeks to make government services and resources easily available and understandable to all Seattle residents, including non-native English Executive Order 01-07 emphasizes services based on community engagement. Departments must:

       • translate documents when conducting major projects in neighborhoods where 5% or more of the population consists of a specific language group.
       • provide interpreters in these languages at neighborhood specific events conducted by city departments.
       • make every effort to provide interpreters at community meetings organized by the city.
      To ensure residents obtain qualified interpretation and translation services, Seattle manages its own Language Bank that contains contact information for certified interpreters under contract with the city. All departments must use the City Language Bank to locate interpreters and/or telephone service providers to assist and inform residents about city services. Seattle also provides information about services and other community information in thirty languages throughout the Seattle.Gov website.”