Introduction:

Title 40 of the Code of Federal Regulations (CFR), Part 7, Nondiscrimination in Programs or Activities Receiving Federal Assistance from the Environmental Protection Agency, prohibits discrimination on the basis of race, color, national origin, age, sex, or handicap in programs or activities receiving federal assistance from the U.S. Environmental Protection Agency (EPA). It requires recipients of federal
assistance from the EPA to:

• (a) Collect, maintain, and provide information showing compliance with 40 CFR, Part 7;
   
• (b) Designate a person to be the Nondiscrimination Compliance Coordinator ("NCC") to coordinate efforts to comply with 40 CFR, Part 7
   
• (c) Adopt grievance procedures that assure the prompt and fair resolution of discrimination complaints alleging violations of 40 CFR, Part 7; and(d) Provide continuing and prominent public notice of nondiscrimination on the basis of race, color, national origin, age, sex or handicap, and of the identity and contact information for the County Manager.

As set forth below, it is the County's policy not to discriminate on the basis of several factors, including those specified in 40 CFR, Part 7. In addition, the County adopts the following procedures to implement the requirements of 40 CFR, Part 7. 

 

Procedure to Implement the Requirements of 40 CFR, Part 7

SECTION 1: Compliance Information

The County shall collect, maintain, and on request of EPA, Office of Civil Rights (OCR), provide the
following information to show compliance with 40 CFR, Part 7:  (a) A brief description of any lawsuits pending against the County that allege discrimination which 40 CFR, Part 7, prohibits; 

• (b) Racial/ethnic, national origin, age, sex, handicap, and disability data, or EPA Form 4700-4 information submitted with County applications for EPA assistance;
   
• (c) A log of discrimination complaints that identifies the complaint, the date it was filed, the date the County's investigation was completed, the disposition, and the date of disposition;
   
• (d) Reports of any compliance reviews conducted by any other agencies;
   
• (e) Additional data and information specific to certain County programs or activities to determine compliance where there is reason to believe that discrimination may exist in a County program or activity or to investigate a complaint alleging discrimination in a County program or activity;

When preparing compliance information, the County shall use the racial classification set forth in 40 CFR, Sec. 7 .25, in determining categories of race, color, or national origin; The County shall keep records of compliance information identified in subsections (l)(a) and (l)(b), above, for at least three years after completing a project for which the County was a recipient of EPA assistance. When any complaint or other action for an alleged failure of the County to comply with 40 CFR, Part 7, is brought before the three-year period ends, the County shall keep records until the complaint is resolved; and

SECTION 2: Accessibility to Compliance Information:

The County shall:

• (a) Give OCR access during normal business hours to its books, records, accounts and othersources ofinformation, including its facilities, as may be pertinent to ascertain compliance with40 CFR, Part 7;
   
• (b) Make compliance information available to the public upon request; and
   
• ( c) Assist in obtaining other information that is in the possession of other state agencies, institutions, or persons not under the County's control. If such party refuses to release that information, the County shall inform OCR and explain its efforts to obtain the information.

SECTION 3: Nondiscrimination Compliance Coordinator

Marie Costello-Inserra, Esq., shall serve as the County's NCC responsible to coordinate the County's effort to comply with its obligation under 40 CFR, Part 7:

Marie Costello-Inserra, Esq.
EEO Counsel and NCC
Durham County Human Resources
200 East Main Street, 1st Floor
Durham, North Carolina 27701
Office: 919-560-7931
Email: dconcc@dconc.gov

SECTION 4: Grievance Procedure

The County adopts the following grievance procedures to assure the prompt and fair resolution of complaints that allege a violation of 40 CFR, Part 7. Complainants should be assured that the County
does not condone or permit intimidation or retaliation because of making a complaint, and as such they are prohibited. Any claims of intimidation or retaliation related to the complaint process will be
handled promptly and fairly pursuant to the below procedure and in the same manner as other claims of discrimination.

 

Step 1. - Submittal of Complaint

In order to have a complaint submittal considered for investigation under this procedure, the complainant shall file the complaint not later than 180 calendar days after the date(s) of the alleged act( s) of discrimination. The complaint shall be in writing and signed by the complainant or the complainant's representative and shall include contact information for the complainant or their representative.

The complainant shall specify with as much detail as possible:

• (a) The alleged actions or in actions by the County that support an alleged violation of 40 CFR, Part 7.
   
• (b) The alleged discrimination that did or will result from such actions or inactions;
   
• ( c) The identity of the person( s) harmed or potentially harmed by the alleged discrimination; and
   
• (d) The section of 40 CFR, Part 7, that the County violated. The County may request additional information from the complainant if needed to assist with meeting the complaint requirements listed above. Appropriate assistance shall be provided to individuals with disabilities and individuals with limited English proficiency. Also, complaints in alternative formats shall be accepted from individuals with disabilities, for example, complaints filed on computer disks, on audio tape, or in Braille.

All complaint submittals should be mailed ( or emailed) to the NCC at the following address:

Marie Costello-Inserra, Esq.
EEO Counsel and NCC
Durham County Human Resources
200 East Main Street, 1st Floor
Durham, North Carolina 27701
Office: 919-560-7931
Email: dconcc@dconc.gov

 

Step 2. Logging of Complaint Submittals:

All complaint submittals are to be logged. The NCC shall retain a copy of all documents on file in accordance with the records retention schedule. The NCC shall also notify the relevant program managers.

 

Step 3. Initial Review of Complaint Submittals:

Upon receipt of a complaint and any additional information supporting or otherwise associated with the complaint, a case file shall be established containing all documents and information pertaining to the complaint and an initial review of the case shall be conducted.

 

Step 4. Determination if Complaint Warrants Further Investigation

The NCC, based on information in the complaint submittal and other information available, shall determine if:

• (a) The County has jurisdiction to pursue the matter; and
• (b) The complaint submittal contains sufficient merit to warrant further investigation.

A complaint shall warrant further investigation unless:

• (a) It clearly appears on its face to be frivolous or trivial;
• (b) Within the time allotted for making the determination of jurisdiction and investigative merit, the County reaches an agreed resolution with the complainant;
• (c) Within the time allotted for making the determination of jurisdiction and investigative merit, the complainant withdraws the complaint; or
• (d) The complaint was not submitted within the time limit established in Step 1.

Within 15 calendar days ofreceipt of the complaint submittal, the NCC shall inform the complainant if the complaint has or has not been accepted for further investigation. If it is determined that further investigation is not warranted, the reason for such determination shall be recorded in the case file.

 

Step 5. Further Complaint Investigation

If the NCC determines that the complaint submittal warrants further investigation, the NCC shall review the alleged facts to determine the course of the investigation. The investigation may include
interviews of County employees, other relevant witnesses, or others named in the complaint. Relevant County employees shall make themselves available as necessary.

 

Step 6. Report and Determination

The NCC shall issue a report and determination on whether the County violated 40 CFR, Part 7 by a preponderance of the evidence standard. The NCC shall prepare a written report of the investigation that shall include a narrative of the incident, an identification of individuals interviewed and evidence reviewed, and findings and a determination. The report and determination shall be placed in the complaint file.

Within 15 calendar days of receiving the complaint that warranted investigation, the NCC shall notify the complainant or their representative in writing of the findings of the investigation and the recommendations for resolution.

 

Step 7. Appeal

The person submitting the complaint may appeal the decision of the NCC within 15 calendar days after receipt of the NCC's decision. The appeal must be submitted to Kathy Everett-Perry, Esq., Chief Human Resources Officer and Chief Employment Counsel at her contact information listed below:

Kathy Everett-Perry, Esq.
Chief Human Resources Officer and Chief Employment Counsel
Durham County Human Resources
200 East Main Street, 1st Floor
Durham, North Carolina 27701
Office: (919) 560-7900
Email: keverettperry@dconc.gov

Within 15 calendar days after receipt of the appeal, the Chief Human Resources Officer will meet the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the Chief Human Resources Officer will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

These policies shall be reviewed on an annual basis for revision, as necessary, to ensure prompt and fair resolution of discrimination complaints.

(NOTE: This policy does not replace or supersede the grievance policy found in the County's personnel manual for County employees. County employees may not use this procedure for the resolution of employment disputes.

This policy does not supersede or replace the County's Accessibility Policy.

This policy does not supersede or replace the Durham County Department of Public Health's civil rights grievance procedure.

 

NOTICE OF NON-DISCRIMINATION

Durham County Government does not discriminate on the basis of race, color, national origin, disability, age, or sex in administration of its programs or activities, and, Durham County Government does not intimidate or retaliate against any individual or group because they have exercised their rights to participate in actions protected, or oppose action prohibited, by 40 C.F.R. Parts 5 and 7, or for the purpose of interfering with such rights.

Marie Costello-Inserra, Esq., EEO Counsel and Non-Discrimination Compliance Coordinator is responsible for coordination of compliance efforts and receipt of inquiries concerning non-discrimination requirements implemented by 40 C.F.R. Parts 5 and 7 (Non-discrimination in Programs or Activities Receiving Federal Assistance from the Environmental Protection Agency), including Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title IX of the Education Amendments of 1972; and Section 13 of the Federal Water Pollution Control Act Amendments of 1972 (hereinafter referred to collectively as the federal non-discrimination laws).

If you have any questions about this notice or any of Durham County Government's non-discrimination programs, policies or procedures, you may contact:

Marie Costello-Inserra, Esq.
EEO Counsel and NCC
Durham County Human Resources
200 East Main Street, 1st Floor
Durham, North Carolina 27701
Office: 919-560-7931
Email: dconcc@dconc.gov

If you believe that you have been discriminated against with respect to a Durham County Government program or activity, you may contact the Non-Discrimination Compliance Coordinator identified above or visit our website at https://dconc.gov/PublicSite/Bottom-Nav/nondiscrimination to learn how and where to file a complaint of discrimination.

 

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