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Bulleted image used for graphical enhancement of the page 2004 AASHTO National Civil Rights Conference Workshop Presentations

Signs on the "Highway to a Systematic Multidisciplinary Team Approach"

Word Document: 09martinez.doc (56 Kb). Word files can be viewed with the Word Viewer.

Presented by:

Humberto R. Martinez, Office of Civil Rights - Federal Highway Administration
humberto.martinez@fhwa.dot.gov
817.978.3671

"Secure Top Leadership Support"

Team Approach:

  • Is Proactive
  • Integrates Title VI  into all phases of Transportation decision making
  • Reduces Vulnerability
  • Diminishes chances of delays or disruptions
  • Increases credibility in public eye
  • Team approach maximizes existing skills, experience and diversity of perspectives
  • Improves quality

"Announce Your Intent"

  • Personally brief program heads
    • Planning
    • Project Development
    • Right of Way & Relocation
    • Construction
    • Research
    • Legal
    • Administration
  • Form Team
  • Issue Notice under Chief Administrator's Signature

"Inspect Your Road"

Conduct Team assessment of current program to:

  • Identify:                        
    • What can be done better.
    • What is missing that is needed.      
    • What is being done that doesn't need to be done.
    • Areas of vulnerability or need.
    • Whether current program fits your transportation needs.
  • Identify areas of focus (Priorities).

"Create Your Plan"

  • Reflects Multi-disciplinary Team Approach
  • Strategies for areas of  vulnerability
  • Work Plan
  • Roles and Responsibilities
  • Implement Plan           

"Adjust As Required"                                               

  • Periodically Assess Progress.
  • Make Necessary Adjustments
  • Maintain Awareness of Plan
  • Meet Periodically
  • Continue Training

"In Conclusion - Another Way To Look At It"

  • Data Collection
  • Distribution & Types of Transportation Systems, Facilities, Projects
  • Public Involvement
  • Impact Identification - Prevention, Elimination or Mitigation

IMPLEMENTATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

The Traditional vs. Systematic Interdisciplinary Team Approach
Major Distinctions

Strategies to implement the Title VI Program have been primarily oriented to achieving compliance via compliance reviews.  While that approach may work in some cases, it is not effective in most cases.  The compliance approach limits compliance to only those areas discovered in "noncompliance" and may preclude efforts to reach beyond compliance.  In many situations where noncompliance or deficiencies are discovered it may be too late for remedial measures (project or facility built, funds allocated, action taken, etc.,).  Strategies wholly focused on compliance activities may produce malicious compliance and adversarial situations between grantors and grantees.  A systematic interdisciplinary (multidisciplinary if you wish) team approach can not only achieve compliance but also go beyond compliance with the law.  Here are some major distinctions between the two approaches.

Traditional Approach

Systematic Interdisciplinary Approach (SIA)

Comments

After the Fact Review.  Creates appearance that unless noncompliance identified, compliance is present.  Also misplaces responsibility on Civil Rights personnel rather than decision makers.

Preventive.  Establishes  responsibilities on the decision makers as decisions are being made.  Civil Rights personnel are placed in their rightful role as Title VI resources and compliance determiners.

The SIA approach brings various disciplines together to develop a strategic approach to prevent/reduce Title VI issues.

Compliance Oriented.  Review, deficiencies, recommendations, response, follow-up.

Proactive.  Looks at designing an entire program that reaches beyond compliance by being inclusive both in its team approach & in its application to the communities it serves.

Compliance reviews o.k. to start.  Focus limited to compliance.  Compliance not necessarily the best product.  The SIA approach offers flexibility and opportunity to make adjustments determined by the team, as they are needed.

Reactive.  Either reaction is to a regulatory requirement (conduct reviews annually) or an issue(s) or complaint surfaces.

Identifies entire program strengths, areas for enhancements and provides for continual assessment & adjustment in context of a team perspective.

SIA is proactive.

Single Office/Discipline

Multi-Disciplinary.
Planning
Project Development
Design
ROW
Construction
Research
Safety
Environment
Legal
Administration/Finance

The perspectives contributed by various disciplines in a team result in a program that better serves the transportation needs of the public.

May not reduce recipient's vulnerability.  Ensuring compliance may not necessarily achieve the end result sought by the law.

Reduces recipient's vulnerability by stressing the inclusion of all affected by program to greatest extent possible.

SIA may not prevent all issues or complaints, but if implemented correctly will demonstrate a recipient's proactive attempt to meet not only intent but also spirit of law.

Contributes little or nothing to preventing project delays/disruptions.

If implemented correctly, may reduce or eliminate delays, disruptions of canceling of plans, projects or facilities.

The SIA approach is most likely to anticipate issues and address them before they rise to level of complaints or formal actions.

 

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