Audit Report On The Adherence Of New York City Department Of City Planning To Executive Order 120 Concerning Limited English Proficiency

We performed an audit of the New York City Department of City Planning’s (DCP) compliance with Executive Order 120 (EO 120). DCP is a public-facing agency responsible for the City’s physical and socioeconomic planning, including land use and environmental review; preparation of plans and policies; and provision of technical assistance and planning information to government agencies, public officials, and community boards. In addition, DCP is responsible for land use analysis in support of the Commission’s review of proposals for zoning map and text amendments; special permits under the Zoning Resolution; changes in the City map; the acquisition and disposition of City-owned property; the acquisition of office space for City use; site selection for public facilities; urban renewal plans and amendments; landmark and historic district designations; and community-initiated plans under Section 197-a of the City Charter. DCP reports directly to the Deputy Mayor for Economic Development, and through this office to the Mayor.

EO 120 requires public-facing agencies to develop and implement language access policy and implementation plans to accommodate Limited English Proficiency (LEP) persons. Agencies were required to have their plan in place by January 1st, 2009. In implementing a program of language assistance, EO 120 requires that each agency designate a Language Access Coordinator to oversee the creation and execution of the agency’s language access policy and implementation plan; conduct a population needs assessment utilizing guidelines from the U.S. Department of Justice; train front line staff; establish an appropriate monitoring and measurement system; and provide free language assistance based on at least the top six LEP languages ^[1] spoken in the City (as determined by the NYC Department of City Planning), including the identification and translation of essential public documents, telephonic and on-site interpretation services, and posting of signage notifying the public of their rights to access these services free of cost.

Our fieldwork was conducted from July 2010 to August 2010, a year and a half after the deadline by which agencies’ were required to have completed their language access policy and implementation plans (see Compliance Chart in Appendices I and II of the Audit Report). As the Executive Order calls for the Mayor’s Offices of Operations (Operations) and Immigrant Affairs (MOIA) to play a leadership role overseeing agencies’ language access initiatives, and to provide technical assistance and promote access to LEP customers through public outreach in its statute, we also included a review of the Mayor’s Office’s oversight efforts in our audit scope.

Audit Findings and Conclusions

We found that DCP was generally in compliance with EO 120 where it is mandated that DCP ensure meaningful access of agency resources to LEP persons. DCP also implemented a program for language assistance that reflects the principles of plain language communication. However, there are a few areas where DCP efforts should be enhanced to provide better services to LEP persons. We found that the translation of documentation on its website and the documentation of LEP training could be improved. In addition, Language Bank volunteers are not required go through language certification.

Audit Recommendations

This report makes a total of 6 recommendations. To address the issues we found during this audit, the New York City Department of City Planning should:

• Require all information be translated in the top six LEP languages and it should utilize a more extensive translation tool when available for its website based documents.
• Ensure that training session materials and attendance sheets are retained as documentation for all interpreters and translators in attendance.
• Require that Language Bank volunteers obtain certification of their interpretation and translation skills.

To address other issues we found during this audit, the Mayor’s Office of Operations should revise EO 120 to include:

• A list of consequences an agency would face if its milestones for plan deadlines are not met;
• Requiring agencies to produce Annual Reports that contain details of what agencies have already done; and
• What agencies plan to do in the future to meet or enhance their LEP plans.

___________________________________