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Purpose

This policy provides procedures to support the meaningful access to programs and services for individuals with Limited English Proficiency (LEP).

Scope

The policy applies to all Sedgwick County Divisions/Departments and Elected/Appointed Offices, with the exception of the District Attorney’s Office and Sheriff’s Office.

Policy Statement

Sedgwick County is committed to delivering quality services to all residents of Sedgwick County, including those with LEP. The County ensures compliance with Title VI of the Civil Rights Act of 1964 by providing access to interpretation services and translating vital documents. Staff will make reasonable modification/accommodation for those needing assistance at no additional cost.

Definitions

  1. Meaningful Access – The ability of individuals with LEP to receive and understand information, services, and benefits in a manner equal to that of English-speaking individuals.
  2. Language Access Plan – A document that outlines how to provide services to individuals with LEP.
  3. Language Card – A tool to help individuals with LEP identify their language to access translation services.
  4. Limited English Proficiency – Refers to individuals who do not speak English as their primary language and have a limited ability to read, speak, write, or understand English. They are program beneficiaries under this policy.
  5. Interpreter – A person who facilitates communication by converting spoken or signed language from one language to another in real time.
  6. Translator – A person who provides written language translation.
  7. Vital Document – A document that contains information critical for obtaining services and/or benefits or is required by law.
  8. Compliance Officer – An employee designated by the Chief Human Resources Office (CHRO) to investigate a complaint of discrimination by a member of the community.
  9. Disability – A physical or mental impairment that substantially limits one or more major life activities and/or major bodily functions of the individual, having a record of such an impairment, or being regarded as having such an impairment.

Procedures

Language Access Plan

  1. A person with LEP may request communication in their language in person, by phone, fax, email, or in writing, directly from the County Manager’s Office at:
    Sedgwick County Manager’s Office
    100 N Broadway, Suite 630
    Wichita, KS 67202
    (316) 660-9393
    Fax (316) 660-9345
    TTY/TDD (800) 514-0383
    Such requests can also be submitted to any County Division/Department or Elected/Appointment Office. Locations for all public departments and offices are listed on their individual pages on the County website at www.sedgwickcounty.org.
  1. The Division/Department or Elected/Appointed Office will determine which technique (written, oral interpreter, or sign language) is most relevant to meet the requestor’s needs. A language card or checklist may be used to determine the language required and the appropriate vendor to contact for assistance.
  2. Translation services are contracted through the Purchasing Department. The complete list of providers may be obtained by contacting Purchasing or viewing the Awarded Contracts list on the Sedgwick County website: https://ssc.sedgwickcounty.org/rfx/.
  3. In the absence of a designated vendor, staff may contact a previously established and tested provider.
  4. Information will be displayed at points of public entrance and general access areas of all County facilities to provide notification that LEP services are available.
  5. The Sedgwick County Language Access Plan will be accessible to the public and staff on the County’s official website at https://www.sedgwickcounty.org/policies-and-disclaimers/language-access-plan/. Individuals with LEP may request copies or translations of the plan from the County Manager’s Office or any County Division/Department or Elected/Appointed Office.

Identification of Vital Documents

  1. Divisions/Departments and Elected/Appointed Offices will review and determine which documents within their departments are vital in coordination with the County Counselor’s Office.
  2. Vital documents may include time-sensitive notices, program or service applications, inspection reports, violation notices, or similar documents.
  3. Vital documents will be translated free of cost for the LEP population.

Submitting a Complaint

  1. Program beneficiaries may file a complaint if they believe they were denied translation or provision of services in accordance with this policy.
  2. Under this policy, the complaint incident must have taken place within a Sedgwick County facility or, for incidents occurring off-premises, between an employee(s) of Sedgwick County and a member of the public while the employee was on duty and representing Sedgwick County.
  3. The complaint must be filed in writing no later than 180 days after the date of the alleged discrimination via the Discrimination Complaint Form at https://www.sedgwickcounty.org/policies-and-disclaimers/discrimination-complaint-form/ or it may be completed in person in the Sedgwick County Manager’s Office.
  4. Directions are provided on the Notice of Non-discrimination page of the Sedgwick County website at https://www.sedgwickcounty.org/policies-and-disclaimers/non-discrimination/ and in County facilities in areas accessible to the public. The Discrimination Complaint Form will collect the following information:
    • Name of the Complainant;
    • Contact information of the Complainant;
    • Description of the incident of discrimination, including exact date, location, and estimated time;
    • Names of witnesses or individuals who can support their allegation and;
    • Contact information of any witnesses.

Accepting and Responding to Complaints

  1. The Discrimination Complaint Form will be reviewed by the Chief Human Resources Officer (CHRO) or designee within five (5) business days of receipt. They will determine the appropriate party to serve as the Compliance Officer.
    • If Policy 4.506 Workplace Discrimination applies to the complaint, it will be reviewed in accordance with the procedures in that policy. A Human Resources employee will serve as the Compliance Officer.
    • If Policy 4.506 does not apply to the complaint, the CHRO will provide the complaint to the Division/Department Head or Elected/Appointed Official whose personnel is the subject of the complaint to serve as or designate a Compliance Officer and review in accordance with procedures outlined in this policy.
    • If the Division/Department Head or Elected/Appointed Official is the subject of the complaint, the CHRO will designate a Compliance Officer who will review it in accordance with the procedures outlined in this policy.
    • If the CHRO determines that there may be a conflict of interest, they may appoint a Compliance Officer from another Division/Department or Elected/Appointed Office.
  1. Within five (5) business days of receiving the complaint, the Compliance Officer will contact the Complainant and schedule a meeting to collect relevant information on the incident. An interpreter will be used when speaking with the complainant.
  2. The Compliance Officer will contact any witnesses provided by the Complainant to gather additional information.
  3. The Compliance Officer will meet with the employee or representative of the Division/Department or Elected/Appointed Office that is the subject of the complaint. They will review the information provided and give the employee/representative time to respond.
  4. After the review, the Compliance Officer will draft a report and provide it to the County Counselor’s Office for review.
  5. The County Manager and CHRO will receive a final version of the report outlining the findings and whether the complaint of discrimination has been substantiated.
  6. If substantiated, the County Manager, CHRO, and Division/Department Head or Elected/Appointed Official will determine the appropriate corrective action in accordance with Policy 4.501 Progressive Discipline.
  7. The Compliance Officer will notify the Complainant in writing of the result within ten (10) business days of the investigation's conclusion. The notification will be provided in the preferred language of the complainant at the conclusion of the investigation.
  8. Sedgwick County staff are prohibited from retaliating against complainants, witnesses, respondents, or other employees who conducted or assisted with the investigation.

Referring Complaints

  1. Complaints involving discrimination may also be filed with the following:
    Office of Justice Programs
    Office for Civil Rights
    810 7th St NW
    Washington, DC 20531
    (202) 307-2027
    Fax (202) 616-9865
    Or
    Kansas Governor’s Grants Program
    Civil Rights Liaison
    900 SW Jackson St
    Landon State Office Building, Room 304 North
    Topeka, KS 66612
    Or
    U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties
    ATTN: Antidiscrimination Group
    Mail Stop #0190
    2707 Martin Luther King Jr Ave SE
    Washington D.C., 20528
    CRCLCompliance@hq.dhs.gov
    The subject for the email should be ATTN: Antidiscrimination Group
    Fax (202) 401-4708 
  1. If the Complainant files a complaint regarding the same incident with another agency, not limited to those included above, they must inform Sedgwick County. Sedgwick County will coordinate with the agency accordingly.

Non-Discrimination and Reasonable Modification/Accommodation

  1. The Sedgwick County Non-Discrimination Policy is posted on the Sedgwick County website at https://www.sedgwickcounty.org/policies-and-disclaimers/non-discrimination-in-programs-and-activities/, at points of public entrance, and other general access areas of Sedgwick County buildings, as applicable.
  2. Program beneficiaries with a disability who are seeking a reasonable modification/accommodation to the Language Access Plan, to receive services or to access a building or facility owned or leased by Sedgwick County or to receive County-based services or programs should submit their request to:
    Sedgwick County Division of Human Resources
    ATTN: FMLA & ADA Specialist
    100 N Broadway Suite 130
    Wichita Ks 67202
    (316)-660-7056
    Fax (316) 941-5132
    ADA Information Line: (800) 514-0301 • (800) 514-0383 TTY/TDD
    fmla@sedgwick.gov 
  1. Policy 4.311 Reasonable Accommodation and the Americans with Disabilities Act page of the Sedgwick County website at https://www.sedgwickcounty.org/human-resources/ada/ provides the process for submitting and reviewing complaints regarding access to a building or facility owned or leased by Sedgwick County or receiving County-based services or programs due to an accessibility issue.
  2. Members of the public may submit their complaints using the Accessibility Complaint Form on the Sedgwick County website at https://www.sedgwickcounty.org/human-resources/ada/accessibility-complaint-form/.