Santa Barbara County Air Pollution Control District (the District) does not discriminate on the basis of race, national origin, ethnic group identification, ancestry, religion, age, sex, sexual orientation, gender identity, gender expression, color, genetic information, medical condition, or mental or physical disability, or any other attribute or belief protected by law in administration of its programs or activities, and the District does not intimidate or retaliate against any individual or group because they have exercised their rights to participate in action protected by or oppose actions prohibited by 40 C.F.R. Parts 5 and 7, or for the purpose of interfering with such rights.
The District’s Non-Discrimination 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). The Non-Discrimination Coordinator will also ensure that the District is complying with state and federal reporting and record retention requirements, including those required by Code of Federal Regulations, title 40, section 7.10 et seq.
Grievance Procedures to Process Discrimination Complaints
This grievance procedure is established so that any member of the public who believes that they or a specific class of persons has, on the basis of any protected class, been excluded from or denied the benefits and/or services of the District, been subjected to discrimination under any program or activity of the District, or been subjected to intimidation or retaliation because they have exercised a right to participate in actions protected by or opposed actions prohibited by 40 C.F.R. Parts 5 and 7, or for the purpose of interfering with such rights may file a complaint with the District’s Non-Discrimination Coordinator by following the outline below.
In addition, the District’s Non-Discrimination Coordinator may, on their own initiative, undertake compliance reviews to investigate the District’s compliance with Title VI of the Civil Rights Act of 1964, with Cal. Gov. Code §11135, and with other federal and state civil rights laws in the absence of a complaint on a periodic basis.
The District will promptly and fairly resolve all complaints filed under this grievance procedure. The District is prohibited from retaliating against or intimidating any member of the public who files a complaint under this grievance procedure, and any retaliation or intimidation will be handled promptly.
The District’s Grievance Procedure Submittal of Complaint:
The complaint shall be in writing and contain information about the complainant and the alleged discrimination such as:
- the name, address, and telephone number of complainants.
- the name of the District department and/or employee(s) against whom the complaint is filed;
- the location, date, and description of the alleged violation; and
- the signature of the complainant or their designee.
Please see the Discrimination Complaint Form. If the complainant is unable to submit the complaint in writing, they may call the Non-Discrimination Coordinator at the number below to submit a verbal complaint. The complaint must be submitted by the complainant or their designee as soon as possible but no later than 180 calendar days after the alleged violation to [email protected]. If a complaint is submitted directly to a District department, office, or staff member, the District department, office, or staff member shall forward the complaint to Non-Discrimination Coordinator within 5 calendar days.
Determination if Complaint Warrants Further Investigation:
Within 30 calendar days after receipt of the complaint:
- The Non-Discrimination Coordinator, or their designee, will timely make a determination of whether the District has jurisdiction over the complaint and if the complaint contains sufficient merit to warrant further investigation, and send the complainant an acknowledgement letter informing them whether the complaint will be investigated.
- If the Non-Discrimination Coordinator, or their designee, finds jurisdiction and sufficient merit to warrant further investigation, they will notify the District department that is the subject of the complaint and request a response to the complaint and will begin an investigation.
A complaint shall warrant further investigation unless:
- It clearly appears on its face to be frivolous or trivial;
- Within the time allotted for making the determination of jurisdiction and investigative merit, the District reaches an agreed resolution with the complainant;
- Within the time allotted for making the determination of jurisdiction and investigative merit, the complainant withdraws the complaint; or the complaint was not submitted within 180 calendar days after the alleged violation.
If it is determined that further investigation is not warranted, the reason for such determination shall be communicated to the complainant in the acknowledgement letter.
Further Investigation of the Complaint
If the District determines the complaint submittal warrants further investigation, the District shall review the alleged facts to determine the course of the investigation. The investigation may include interviews of the complainant, District employees, contractors, subcontractors, subgrantees, and witnesses to the alleged discrimination, as well as review of any physical or written evidence. Relevant District employees shall make themselves available as necessary.
An appropriate, prompt, and impartial investigation of any allegations filed under state and federal non-discrimination statutes will be conducted. A preponderance of the evidence standard will be applied during the analysis of the complaint.
The Non-Discrimination Coordinator may attempt to conciliate and resolve the complaint through a mutually agreeable solution. Any such informal resolution must be signed by both the District and the complainant.
Absent extenuating circumstances, the Non-Discrimination Coordinator will complete their investigation and resolution efforts within 180 calendar days after beginning the investigation.
When the Non-Discrimination Coordinator, or their designee, determines that a violation has occurred and an informal resolution is not reached, the Non-Discrimination Coordinator shall make a recommendation to the Air Pollution Control Officer, or their designee for remedial actions. The Air Pollution Control Officer, or their designee will accept, revise, or reject the Non-Discrimination Coordinator’s recommendations and order the complaint-of District department to implement the accepted recommendations. The Non-Discrimination Coordinator will provide a written response to the complainant at the conclusion of the investigation.
Absent extenuating circumstances, the Non-Discrimination Coordinator will provide a written response to the complaint within 30 calendar days of completing the investigation. The Non-Discrimination Coordinator will issue one of three letters:
- A closure letter summarizing the allegations and stating that there was not a violation and that the case will be closed; or
- A letter of resolution summarizing the allegations and describing the informal resolution mutually agreed to by the complainant and the District about which the complaint was submitted; or
- A letter of finding (“LOF”) summarizing the allegations and the investigation of the alleged complaint and explaining any remedial action to be taken by the District.
Appeal
- If the response does not satisfactorily resolve the issue, the complainant may appeal the decision by writing to the Air Pollution Control Officer within 10 calendar days after receipt of the response from the Non-Discrimination Coordinator. The request for appeal should explain any items the complainant feels were not addressed by the Non-Discrimination Coordinator. The Air Pollution Control Officer will notify the complainant within 30 calendar days whether the request for appeal has been accepted or rejected. In cases where the Air Pollution Control Officer agrees to reconsider the matter, the matter shall be returned to the Non-Discrimination Coordinator to re-evaluate the complaint as set forth above.
- If at any time a delay is expected, the Non-Discrimination Coordinator will notify the complainant in writing of the reasons(s) for the delay and the expected date for a response.
- The Non-Discrimination Coordinator shall maintain records of complaints received, informal resolutions, investigation findings, appeals, and appeal decisions. The Non-Discrimination Coordinator shall document actions taken to resolve each complaint, communicate complaint activity to the appropriate federal agency as required, and maintain copies of complaints and documentation of their resolution for a period of not less than two (2) years.
- The Non-Discrimination Coordinator shall furnish a report to the Air Pollution Control Officer on any/all complaints regarding the number, nature, and status of complaints.
- These procedures do not deny the right of the complainant to file a complaint with state or federal agencies, or to pursue litigation for complaints alleging discrimination, intimidation, or retaliation of any kind that is prohibited by law.
Confidentiality
The District strives to protect the confidentiality of the complainant and all participants in the discrimination complaint process to the greatest extent possible and as authorized by law. The nature of this process does not permit absolute confidentiality. The Non-Discrimination Coordinator may release information as necessary to resolve this complaint and as required by law. If a remedial action results in employee discipline, the Non-Discrimination Coordinator may release information provided during the complaint process to appropriate District personnel and outside parties, including independent investigators.
Complaint Form
To initiate a complaint, the complainant must complete the District’s Discrimination Complaint Form and mail or email it to the District’s Non-Discrimination Coordinator at the address listed below. Complaints must be sent within the time-period discussed above.
As set forth above, if the complainant is unable to submit the complaint in writing, they may call the Non-Discrimination Coordinator at the number below to submit a verbal complaint.
Submission of a Discrimination Complaint to the Environmental Protection Agency
Any person may also file a discrimination complaint directly with the Environmental Protection Agency by submitting it to:
U.S. Environmental Protection Agency Office of Civil Rights and Adjudication
External Civil Rights Division
Mail Code 2310A
1200 Pennsylvania Avenue, NW
Washington, DC 20460
Contact us
Kristina N. Aguilar, Administrative Division Manager
Non-Discrimination Coordinator
Santa Barbara County Air Pollution Control District
260 N. San Antonio Rd. Suite A
Santa Barbara, CA 93110
805-979-8288