Audit Report On The Adherence Of The New York City Taxi And Limousine Commission To Executive Order 120 Concerning Limited English Proficiency

We performed an audit of the New York City Taxi and Limousine Commission’s (TLC) compliance with Executive Order 120 (EO 120). TLC is a public-facing agency that is responsible for licensing and regulating New York City’s medallion (yellow) taxicabs, for-hire vehicles (community-based liveries and black cars), commuter vans, para-transit vehicles (ambulettes) and certain luxury limousines.

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 TLC was generally compliant with EO 120 and has pursued meaningful language access initiatives. However, there are several areas where efforts are in need of improvement. For example, we found that TLC does not provide interpretation services consistently across all agency locations, does not adequately post signage, and their LEP Plan does not identify and provide for translation of essential public documents. We also found that TLC’s customer call services for LEP persons are not consistent. Additionally, TLC’s public outreach can be strengthened.

Audit Recommendations

This report makes a total of 9 recommendations. To address the issues we found during this audit, we recommend that TLC should:

• Provide consistent interpretation services across all agency locations by ensuring that all front line staff have access to language access tools (“I Speak…” cards) and are able to provide effective language assistance services.
• Assess signage at each field office and conspicuously post signage notifying the public of their right to free language assistance and in the covered languages at all agency locations.
• Identify Essential Documents directly in the Language Access and Implementation Plan and make a schedule for translating these documents in the covered languages or those otherwise identified in the Plan’s language needs assessment as resources become available; in addition, these documents should be made available to the public on the internet and at all office locations.
• Improve customer call services to include assistance in the top six LEP languages and reduce unreasonable wait times.
• Update the Language Access and Implementation Plan to reflect new information such as the language needs of the agency’s constituents, and may require “periodic” review to be more specific; furthermore, the agency should consider incorporating data on complaints filed due to language access issues into its monitoring and measurement system.
• Take stronger steps to ensure that LEP customers are made aware of TLC’s public services/workshops/events and the agency’s provision of language assistance services.

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.
• What agencies plan to do in the future to meet or enhance their LEP plans.