MCFCD Nondiscrimination Program - Detailed

Table of Contents

Section 1: Introduction

The Mohave County Flood Control District (MCFCD) is a recipient of federal assistance from the Department of Homeland Security (DHS) and the State. As such MCFCD is required to comply with federal nondiscrimination laws.

As part of complying with federal nondiscrimination laws, MCFCD has established a Nondiscrimination Program.

This document describes MCFCD’s Nondiscrimination Program.

Section 2: Background

2.1 Mohave County

Mohave County was formed in 1864 as one of the four original counties of the new Arizona Territory. A five-member Board of Supervisors, elected for a four-year term by district on a partisan basis, governs the County.

The Board appoints the County Manager, who is responsible for the overall management and administration of County operations. The management structure also includes the following elected officials: Assessor, County Attorney, Clerk of Superior Court, Recorder, School Superintendent, Sheriff, Treasurer, four Superior Court Commissioners, seven Superior Court judges, five constables and five Justices of the Peace.

With over 13,400 square miles, Mohave County is the second largest county in Arizona and the 5th largest in the United States. Situated in northwestern Arizona, it borders Utah, Nevada, California, and contains elevations from 500 to 8,400 feet above sea level.

Most residents live in one of the four incorporated cities: Kingman (the County seat), Bullhead City, Lake Havasu City, or Colorado City. Mohave County has over 1,000 miles of freshwater shorelines along the Colorado River, and its lakes include Mohave, Havasu, and Mead. Boating, jet skiing, water skiing, fishing and white-water rafting opportunities abound.

Wilderness areas are a short drive in any direction within the county. Campers, hikers, mountain bikers, rockhounds, and horseback riders have easy access to scenic trains, hidden creeks, hot springs, and beautiful southwestern vistas.

2.2 Mohave County Flood Control District

The Mohave County Flood Control District (District) works to reduce the risks of death, personal injury, and property damage through the identification, regulation, and remediation of flood hazards. The District enforces Federal, State and Local floodplain regulations, which regulate the location and construction of buildings, grading, and other development within designated floodplains. The District may inspect properties to make sure structures or improvements in the floodplain do not cause adverse impacts to properties upstream or downstream. The District is responsible for administering the Drainage Design Manual minimum requirements and guidelines for development within the unincorporated areas of Mohave County. The District monitors conditions in watersheds, along with constructed Flood Control facilities (channels and basins), through a flood threat recognition system called the ALERT (Automated Local Evaluation in Real Time) Flood Warning System. Gage data is sent by radio waves to the base station at the District, as well as to the National Weather Service, where it is stored and analyzed instantaneously.

2.3 Federal Nondiscrimination Laws

Title VI of the Civil Rights Act of 1964 is the overarching civil rights law that prohibits discrimination based on race, color, or national origin, in any program, service, or activity that receives federal assistance. Specifically, Title VI assures that “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefit of, or be otherwise subjected to discrimination under any program or activity receiving federal assistance.” Nondiscrimination prohibitions have been further broadened and supplemented by related statutes, regulations, and executive orders.

  • Title IX of the Education Amendments of 1972 (Title IX), which prohibits discrimination on the basis of sex in any education or training program receiving federal financial assistance, with a limited number of defined exceptions.
  • Section 504 of the Rehabilitation Act of 1973 (Section 504), which forbids discrimination on the basis of an individual’s disability by all federal agencies and in all federally funded activities.
  • The Age Discrimination Act of 1975 as amended, which prohibits discrimination in federally supported activities on the basis of age.

Section 3: MCFCD’s Nondiscrimination Program

3.1 Overview

In order to provide services that are responsive to the needs and priorities of Mohave County’s diverse population, it is essential to have a process in place that effectively engages the public, fully integrates their feedback, and results in decisions that are protective of human health and the environment. The goal of the MCFCD...

3.1 Overview

Nondiscrimination Program is to ensure all people have a meaningful role in processes associated with the delivery of MCFCD services. This Nondiscrimination Program includes methods of administration and analysis that supports equity in all Flood Control programs.

Based in part of federal guidance, the components of the MCFCD Nondiscrimination Program include:

  • A notice of nondiscrimination under the federal nondiscrimination laws;
  • Grievance procedures for complaints filed under the federal nondiscrimination laws;
  • Identification of an MCFCD Nondiscrimination Program Coordinator and his/her role;
  • An assessment of MCFCD’s obligation to provide access to limited English Proficiency (LEP) and disabled persons; and
  • Public participation procedures.

3.2 Notice of Nondiscrimination

MCFCD’s Notice of Nondiscrimination (Attachment A) is prominently and permanently posted in MCFCD’s main office and on the MCFCD website. Notice is provided in both English and Spanish and describes the procedures to file a complaint and how to contact the MCFCD Nondiscrimination Program Coordinator for assistance. The MCFCD’s Nondiscrimination Program Coordinator is the Mohave County Human Resources Director.

3.3 Grievance Procedures

MCFCD’s Grievance Procedures (Attachment B) are posted on MCFCD’s website and explain the process by which any person may file a complaint. Further, the process by which complaints will be investigated and how complainants will be informed (in writing) of the progress and disposition of their complaint is also described. Finally, MCFCD’s Nondiscrimination Program Coordinator contact information is provided.

3.4 Nondiscrimination Program Coordinator

MCFCD’s Nondiscrimination Program Coordinator ensures MCFCD compliance with federal nondiscrimination laws and:

  • Ensures information regarding MCFCD’s Nondiscrimination Program is internally and externally available.
  • Maintains public notice of, and procedures for receipt and processing of complaints.
  • Tracks and reviews complaints received.
  • Trains MCFCD staff on MCFCD’s Nondiscrimination Program and procedures.
  • Provides written updates to complainants on the progress of investigations; and
  • Periodically reviews the efficiency of MCFCD’s Nondiscrimination Program.

3.5 Assessment of MCFCD’s Obligation to Provide Access to Limited English Proficiency (LEP) and Disabled Persons

Individuals who do not speak English as their primary language and who have limited ability to read, write, speak or understand English can be Limited English Proficient (LEP) and may be entitled to language assistance with respect to services provided by recipients of federal assistance.

As directed by Executive Order 13166-Improving Access to Services for Persons with Limited English Proficiency dated August 11, 2000, DHS has published guidance to financial assistance recipients regarding Title VI prohibition against national origin discrimination affecting LEP persons. According to such guidance, financial assistance recipients are required to take reasonable steps to reduce language barriers that can preclude meaningful access to MCFCD programs and activities by LEP persons.

Recipients of federal assistance must also provide for meaningful access to programs and activities by disabled persons. Disabled persons have a physical impairment (hearing, mobility, vision) or mental impairment that substantially limits one or more major life activities including walking, talking, hearing, seeing, breathing, learning, performing manual tasks and caring for oneself.

While it is true that determining precisely what steps are reasonable to ensure access for LEP and disabled persons is fact-dependent, development of a public participation plan begins with a clear understanding of the frequency and distribution of LEP and disabled populations throughout Mohave County.

3.5.1 Mohave County Population Demographics: Limited English Proficiency; Disability

Data regarding the total Mohave County populations and distribution of LEP and disabled persons was drawn from the 2022 United States Census:

Category Total Percent
Total Population in Mohave County
Non-institutionalized		 215,783  
Total Mohave County Households 102,398  
Disabled Population    
Population with a Disability 86,029 39.9%

Disability status is determined for civilian non-institutionalized population based on six types of difficulty: hearing, vision, cognitive, ambulatory, self-care, and independent living difficulty.

Category Total Percent
Limited English Proficiency Demographics    
Limited English-Speaking Households 2,359 2.3%
   Spanish 1,906 80.8%
   Other Indo-European Languages 63 2.6%
   Asian and Pacific Island Languages 301 12.8%
   Other Languages 89 3.8%
Total 2,359 100%
Population Speaking English Less Than “Very Well” 7,275 3.5%

3.5.2 Limited English Proficiency Persons

Federal guidance generally describes how recipients of federal assistance determine the extent of their obligation to provide LEP services. Four factors should be considered:

  1. The number or proportion of LEP persons eligible to be served or likely to be encountered by the program: 3.5% of Mohave county’s population speaks English less than “very well” Further, 2.3% (2,359) of Mohave County households are limited English. Of those 2,359 households, a significant majority (80.8%) speak Spanish.
  2. The frequency with which LEP individuals come in contact with the program: MCFCD administers programs county-wide; therefore, LEP persons will be some of the individuals who come into contact with MCFCD.
  3. The nature and importance of the program, activity or service provided by the program to people’s lives: The Flood Control programs MCFCD administers are directly impactful to protecting the health and welfare of all its citizens.
  4. The resources available to the recipient and costs.

MCFCD has the resources to provide LEP services as identified in the Public Participation Procedures below.

Since Spanish speakers are the major LEP language group in Mohave County, MCFCD’s efforts primarily focus on ensuring key materials and services are available in both English and Spanish.

3.5.3 Disabled Persons

39.9% of Mohave County’s population is disabled to some degree.

3.6 Public Participation Procedures

In order for public involvement to be meaningful, it requires information, consulting, and working with as many members of potentially affected communities as possible at various stages of the decision-making process in order to understand and address concerns.

MCFCD strives to provide for meaningful public involvement in all of its activities, no matter the location of the activity in the county or the community potentially impacted.

Section: 4 Attachments

4.1 Attachment A: Notice of Nondiscrimination

MOHAVE COUNTY
FLOOD CONTROL DISTRICT 
DEPARTMENT OF DEVELOPMENT SERVICES

P. O. Box 7000, Kingman, Arizona 86402-7000
3250 E Kino Ave, Kingman, AZ 86409
Telephone (928) 757-0925 FAX (928) 757-0912 
www.mohave.gov

Paul Baughman. P.E., CFM
District Engineer

 Timothy M. Walsh Jr., P.E.,
 Development Services Director

NOTICE TO THE PUBLIC
Mohave County Flood Control District Nondiscrimination Program

Mohave County Flood Control District (MCFCD) hereby gives public notice that it is District policy to assure full compliance with Title VI of the Civil rights act of 1964, the Civil Rights Restoration Act of 1987 and related statutes and regulations in all programs and activities. These statutes and regulations require that no person shall, on the grounds of race, color, sex, national origin, age or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program for which MCFCD receives federal financial assistance.

Any person who believes they have been discriminated against with respect to a MCFCD program or activity may file a complaint. Any such complaint must be in writing and filed with the MCFCD Nondiscrimination Program Coordinator within one-hundred-eighty (180) days following the date of the alleged discriminatory occurrence. Complaint forms may be obtained from MCFCD.

Ken Cunningham
Mohave County Human Resources Director 
MCFCD Nondiscrimination Program Coordinator 
700 W. Beale St
Kingman AZ 86401

4.2 Attachment B: Grievance Procedures

Title VI of the Civil Rights Act of 1964 is the overarching civil rights law that prohibits discrimination based on race, color, or national origin, in any program, service, or activity that receives federal assistance. Federal statutes and presidential orders under the umbrella of Title VI also address minority and low-income populations and services to those individuals with Limited English Proficiency (LEP), women and the disabled.

4.2.1 What does this mean?

MCFCD cannot, on the basis of race, color, or national origin either directly or through contractual means, take any of the actions:

  • Deny program services, aids, or benefits.
  • Provide a different service, aid, or benefit, or provide them in a manner different from what is provided to others.
  • Segregate or separately treat individuals in any matter related to the receipt of any service, aid, or benefit.
  • Deny an opportunity to participate as a member of a planning, advisory, or similar body that is an integral part of the program.

Any federal financial aid sub-recipient is required to administer its program and activities without regard to race, color, or national origin.

4.2.2 Filing a Complaint

Complaints (in English or Spanish) may be filed by any person who believes she or he has been excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any MCFCD service, program or activity, and believes the discrimination is based upon race, color, or national origin. Complaints may be filed with the MCFCD’s Nondiscrimination Program Coordinator.

A signed, written complaint must be submitted within 180 days of the alleged discriminatory act (or latest occurrence).

4.3 Complaints Form

Download Complaints Form (PDF)

4.4 Complaint Procedures

MCFCD does not promote or tolerate discrimination. The MCFCD Nondiscrimination Program has been established to ensure all people have a voice in air quality protection and to provide a process through which allegations of discrimination are investigated and resolved.

4.4.1 Complaint Review

If someone believes they have suffered from discrimination under an MCFCD program, they may contact the MCFCD’s Nondiscrimination Program Coordinator to seek informal resolution. If the matter cannot be resolved informally, the following steps will be followed:

  • Within 180 days of the alleged discrimination, complainants may submit a written or verbal complaint to the Mohave County Human Resources Director. Complaints must include the complainant’s name, the nature of the complaint, the dates of the complaint, requested action, and contact information. Complaint forms are available in English and Spanish.
  • The Mohave County Human Resources Director will review the complaint and may solicit additional information from the complainant as needed. If additional information is requested and not received, the case may be closed. The case may also be closed if the complainant no longer wishes to pursue their case.
  • If the complaint is outside the jurisdiction of MCFCD, the complainant will be notified of the name and contact information of the appropriate agency with jurisdiction, if known.

4.4.2 Complaint Processing

If the complaint is within the jurisdiction of MCFCD, or informal resolution was not possible, it will be promptly and impartially investigated. MCFCD’s goal is to address complaints within 60 days of receipt, though the time to carefully investigate complaints may be longer depending on the nature of the complaint and complexity of the issue.

4.4.3 Preliminary Inquiry

MCFCD will conduct a preliminary inquiry to determine the need for further investigation.

  • MCFCD will notify the complainant in writing that a preliminary inquiry is underway to determine the need for further investigation.
  • If the preliminary inquiry by MCFCD indicates that an investigation is warranted, the complainant will be notified in writing and an interview will be scheduled.
  • If the preliminary inquiry indicates an investigation is not warranted, the complainant will be notified in writing of the reasons why and factors considered.

4.4.4 Complaint Investigation

  • Complaints warranting further investigation will be promptly and impartially processed by the Mohave County Human Resources Director. The results of the investigation will be provided to the Mohave County Development Services Director for review.
  • The complainant will be notified in writing of the results of the investigation and what actions will be/have been taken in response and timeline to request review.
  • Records and investigative files will be kept for a minimum of three years.

4.4.5 Intimidation and Retaliation Prohibited

MCFCD will not tolerate intimidation, threats, coercion, or discrimination against any individual or group, either:

  • For the purpose of interfering with any right or privilege guaranteed under law or regulations, or
  • Because the individual has filed a complaint or has testified, assisted, or participated in any way in an investigation, proceeding or hearing or has opposed any MCFCD action or decision.

For questions, please contact us:

700 W. Beale St
Kingman, AZ 86401
Email
Phone: 928-753-0736

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