UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE
CIVIL RIGHTS COMPLIANCE REVIEW REPORT OF TITLE VI – PROGRAM DELIVERY AND TITLE VII - EQUAL EMPLOYMENT OPPORTUNITY
STATE: VIRGINIA
DATES OF REVIEW: MAY 16-20, 2005
UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE PROGRAM DELIVERY AND EQUAL EMPLOYMENT OPPORTUNITY CIVIL RIGHTS COMPLIANCE REVIEW OF THE VIRGINIA STATE OFFICE AND SELECTED NRCS FIELD OFFICES
Dates of Review: Review conducted by: Team Leader:
May 16 – 20, 2005
Barbara L. Compton Equal Opportunity Specialist Beltsville, MD Sheila Shepperd Equal Opportunity Specialist Beltsville, MD Urlene Alling Program Analyst Beltsville, MD
Team Members:
Approved: _______/s/___________________________________ Date: __5/20/05__________ Andrew Johnson, Jr., Director, Civil Rights Division This document is for OFFICIAL USE ONLY. The content is not to be distributed outside the Agency nor duplicated without prior clearance from the NRCS Civil Rights Division.
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW TABLE OF CONTENTS Section One -Section Two -Section Three -Section Four -Introduction Background………..................................................................................…3 Commendable Activities and/or Accomplishments……………………8 Summary of Recommendations ………………………………………...9 Summary of Required Items……………………………………….......10 Title VI - Program Delivery Civil Rights Management Civil Rights Responsibilities and Records.....................................11 Training in Program Delivery Responsibilities............………......13 Public Notification.......................……..........................................14 Outreach................................................….....................................16 Complaints of Discrimination........................................................18 Evaluation of Program Delivery..............…..................................19 Partnership Responsibility.............................................................24 Soil and Water Conservation District Boards State Association Executive Boards State Technical Committee RC&D Councils Access to all NRCS Facilities by Persons with Disabilities…….27 Section Five -Title VII - Equal Employment Opportunity EEO Management Workforce Analysis......................................................................30 Promotions.............................................................................…...33 Recruitment…........................................................................…...35 Employee Awareness & Training……...………...………………37 Reprimands………………………………………………………39 Awards and Recognition………………………………………...40 Civil Rights Advisory Committee…..…………………………...42 Section Six -Section Seven-Other Observations and Comments…………………………………..44 Review Close out Process……………………………………………...56
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW SECTION ONE-INTRODUCTION
Governing Regulations The Department of Justice’s regulations (28 CFR Parts 42.406, 42.407, and 42.408), the Department of Agriculture regulations (7 CFR Part 15.5 and DR 4330-2), and the NRCS GM 230 Part 405, require the monitoring and evaluation of programs in order to ensure that they are administered in a nondiscriminatory manner. Background The Civil Rights Division Review Team conducts Program Delivery and Equal Opportunity Civil Rights Compliance Reviews in order to: √ Measure the effectiveness of compliance in Program Delivery (Title VI) and Equal Opportunity (Title VII) in State Offices, selected Field Offices, RC&D Offices, Soil Survey, Engineering Design Units, and National Technology Support Centers; √ Recognize commitment, leadership, creative and innovative management of the Civil Rights Program; √ Ensure that all programs are administered in a fair and equitable manner to all NRCS customers; √ Determine the extent that NRCS employees (State, Field, & RC&D), understand their program delivery and equal opportunity responsibilities and programs; √ Identify program delivery and equal opportunity deficiencies; √ Provide assistance and guidance to fulfilling NRCS program delivery and equal opportunity goals and objectives; and √ Systematically evaluate whether and the extent to which NRCS conducts its programs and activities are in a manner consistent with applicable Federal and USDA Civil Rights requirements. Dates of Review The Civil Rights Compliance Review was conducted on May 16 – 20, 2005.
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW SECTION ONE-INTRODUCTION
Entrance Conference An entrance conference was held at the State Office in Richmond, Virginia on Monday, May 16, 2005 to explain the process and procedures of the review. Present at this conference were: • • • • • • • • • • • • • • • • • • • • • • • • • • • • M. Denise Doetzer, State Conservationist W. Ray Dorsett, Assistant State Conservationist/Operations, CRAC Advisor R. Wade Biddix, Watershed Program Coordinator Matthew J. Lyons, State Conservation Engineer John Myers, State Resource Conservationist David M. Kriz, State Soil Scientist Patricia J. Bragg, State Administrative Officer Ken Carter, Assistant State Conservationist/Programs Teresa M. Duncan, Human Resource Manager, CRAC Advisor Becky Ross, Assistant State Conservationist/Field Operations Area I Alvin B. Phelps, Assistant State Conservationist/Field Operations Area II Noah D. Mullins, Jr., Assistant State Conservationist/Field Operations Area III Dwight A. Towler, Assistant State Conservationist/Field Operations Area IV Dastina Johnson, Public Affairs Specialist Barry D. Harris, Soil Conservationist Lori Hillman, Soil Conservationist, CRAC Member Sarah Murray, Soil Scientist, CRAC Secretary Cory Guilliams, Soil Conservationist, CRAC Member Anthony B. Howell, District Conservationist, CRAC Member Tara Anderson, Civil Engineer, CRAC Member Patricia Tyrrell, RC&D Coordinator, CRAC Member Julie Hawkins, Biologist, FWPM Michael Faulk, District Conservationist, CRAC Member Robert Smith, District Conservationist, BEPM Daniel Solomon, Soil Conservationist, CRAC Member Dana R. Bayless, District Conservationist, CRAC Member Mark Davis, District Conservationist, D&VPM Bruce Dubee, Soil Scientist, HEPM/AA/PI SEPM
Entrance conferences were also held at the applicable individual Field Offices prior to the team’s assessment.
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW SECTION ONE-INTRODUCTION
On-Site Locations The State Office and following offices were selected for site visits during the Civil Rights Compliance Review: • • • • • • • • • • • State Office – Richmond, Virginia Charlotte Court House Field Office – Charlotte Court House, Virginia Old Dominion RC&D Office – Charlotte Court House, Virginia Charlottesville Field Office – Charlottesville, Virginia Rocky Mount Field Office – Rocky Mount, Virginia Verona Field Office – Verona, Virginia Shenandoah RC&D Office – Verona, Virginia Appomattox Field Office – Appomattox, Virginia Culpeper Field Office – Culpeper, Virginia Amelia Field Office – Amelia, Virginia Louisa Field Office – Louisa, Virginia
Policies and Review Basis The Civil Rights Compliance Review was based on NRCS' Guide to Equal Opportunity/Civil Rights Reviews, Regulations, and Procedures. The information checked in the offices included: √ √ √ √ √ √ State Office files and records Newsletters to producers Field Office files and records Other related documents Personal interviews with employees Landowners and Partners
Methodology The following methodology was used in completing this review: √ Predetermined records, requested in advance, were reviewed to determine the offices to be included in the review. Records reviewed in determining the review sites included: race, sex, national origin (RSNOD) data on employees; accessibility reviews, DN-714 reports, Civil Rights complaints, and program application processing and servicing.
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW SECTION ONE-INTRODUCTION Methodology, cont. √ The team gave a brief introduction on how, what, where, and why they were reviewing the offices. The team interviewed employees, Conservation District employees, Conservation District Board Members, RC&D Council Members and producers. The team also reviewed records and facilities, corrected some violations on-site, and conducted an exit interview with the State Conservationist and Staff to inform them of the preliminary findings and recommendations. √ Program delivery and equal employment opportunity deficiencies found along with recommended corrective actions are contained in the appropriate sections of this report.
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW SECTION ONE-INTRODUCTION Offices not in Compliance • • • • • • State Office – Richmond, Virginia Charlottesville Field Office – Charlottesville, Virginia Rocky Mount Field Office – Rocky Mount, Virginia Appomattox Field Office, Appomattox, Virginia Culpeper Field Office - Culpeper, Virginia Amelia Field Office – Amelia, Virginia
Exit Conference The exit conference was conducted with the State Conservationist and the principal staff to explain the findings and recommendations in the report. Staff members in attendance were: • • • • • • • • • • • • • • M. Denise Doetzer, State Conservationist Ray Dorset, Assistant State Conservationist/Operations, CRAC Advisor R. Wade Biddix, Watershed Program Coordinator Matthew J. Lyons, State Conservation Engineer John Myers, State Resource Conservationist David M. Kriz, State Soil Scientist Ken Carter, Assistant State Conservationist/Programs Patricia J. Bragg, State Administrative Officer Becky Ross, Assistant State Conservationist/Field Operations Area I Alvin B. Phelps, Assistant State Conservationist/Field Operations Area II Noah D. Mullins, Jr., Assistant State Conservationist/Field Operations Area III Dwight A. Towler, Assistant State Conservationist/Field Operations Area IV Teresa M. Duncan, Human Resource Manager, CRAC Advisor Anthony B. Howell, District Conservationist, CRAC Member
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW SECTION TWO-COMMENDABLE ACTIVITIES AND/OR ACCOMPLISHMENTS The State Conservationist and staff are commended for: 1. The support and assistance provided by the Virginia employees in conducting the Civil Rights Compliance Review. 2. The complete and well organized materials provided to the Civil Rights Division. 3. Maintaining a current Virginia Civil Rights Compliance Review schedule. 4. Establishing the Joint Employee Development Training Program for Virginia employees and partners. The training is presented once a month to NRCS employees and partners. 5. Maintaining excellent relationships with numerous local, State, and Federal agencies. 6. The outstanding outreach efforts of the Verona Field Office Staff to achieve 35 applications for the South Fork Shenandoah Conservation Security Program signup. 7. The outstanding outreach and program delivery efforts of the Culpeper Field Office Staff to reach out to potentially eligible clients by using the base land tax mailing list. 8. The development of a Civil Rights Fact Sheet which includes definition of terms, and a flow chart for employment complaint processing. 9. The outstanding outreach efforts by the Charlotte Court House Field Office Staff to the Amish Community. 10. The outreach efforts of the Culpeper Field Office in developing a video in Spanish which explains the USDA programs that are available. The video was run on the local cable channel.
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW SECTION THREE-SUMMARY OF RECOMMENDATIONS The State Conservationist should: 1. Utilize the Special Emphasis Program Managers (SEPMs) to assist in establishing contacts with underserved communities. 2. Encourage District Conservationists to provide training to the SWCD Board Members regarding the “And Justice For All” poster. 3. Include as an agenda item at Partnership quarterly meetings information to educate the partnership on the advantages diversity brings to boards and to the conservation leadership. 4. Include a representative of the CRAC as team members for conducting Field Office Compliance Reviews and program evaluations and invite members of the Soil and Water Conservation District, Resource Conservation and Development Council, and other partners to participate in State Civil Rights Compliance Reviews. 5. Develop recruitment efforts based on the workforce profile data and the need to diversify the workforce. Document and target under represented EEO groups and hire employees in the Professional and Technical categories to reach parity in the workforce in accordance with the CLF. 6. Encourage recruitment from 1862 Land Grant Universities, 1890 Historically Black Colleges and Universities (HBCU), 1994 Land Grant Tribal Colleges and Universities, Hispanic Serving Institutions (HSI), Colleges & Universities with a high enrollment of Asian American/Pacific Islander students, and the Workforce Recruitment Program for College Students with Disabilities (WRP). Document efforts to target under represented EO groups and hire professionals to reach parity in the workforce. 7. Consider including Special Emphasis Program Managers on job applicant evaluation panels and utilize them as part of the recruitment team. 8. Ensure that all employee performance work plans have a civil rights performance element and position descriptions have current cover sheet. (Form AD-332) 9. Consider establishing a separate collateral duty position for the AA/PI SEPM. 10. Ensure the minutes of the CRAC meetings are distributed to all employees.
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW SECTION THREE-SUMMARY OF REQUIRED ACTION ITEMS The State Conservationist will: 1. Take appropriate actions to correct the deficiencies at all offices to meet the requirements set forth in the Rehabilitation Act of 1973. Ensure a letter is sent to all building leaseholders addressing the non-compliance accessibility issues. 2. Establish a collateral duty position for the AI/AN SEPM position.
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FOUR - TITLE VI - PROGRAM DELIVERY CIVIL RIGHTS MANAGEMENT – RESPONSIBILITIES AND RECORDS Requirements Executive Order 12250 and the Department of Agriculture regulation (7 CFR Part 15) require agencies to develop plans, procedures, and directives necessary to manage their Civil Rights programs. Departmental Regulation 4330-1 and NRCS GM 120 Part 408 requires that program delivery and Equal Opportunity files be maintained. NRCS offices are required to manage their Civil Rights activities through the following: √ √ √ √ Handbooks Reports Notices Correspondence
Examine the status on whether Civil Rights files have been established and updated to include NRCS Civil Rights Management directives, policies, bulletins, memos, complaints, etc. Findings • • • General Manual Section 230 files in the offices visited are maintained with current information. They are sub categorized and indexed by policy, management directive and special emphasis programs. One employee’s position description and performance work plan did not have a civil rights performance element. Employees are not providing assistance to groups that discriminate against women and/or minorities.
Corrective Actions Taken On Site • None
Recommendations • Ensure that all employee performance work plans and position descriptions have the civil rights performance element.
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FOUR - TITLE VI - PROGRAM DELIVERY CIVIL RIGHTS MANAGEMENT – RESPONSIBILITIES AND RECORDS Compliance/Non-Compliance Status • The state is in COMPLIANCE with this item.
Required Actions • None
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FOUR - TITLE VI - PROGRAM DELIVERY CIVIL RIGHTS MANAGEMENT - TRAINING Requirements The Departmental Regulation 4330-1 and the NRCS GM 230 Part 405 provide instructions on the responsibilities for providing training on Civil Rights laws and regulations to all staff members. Findings • • • • All employees interviewed participate in the Joint Employee Development Training which is held once a month. Employees interviewed demonstrated knowledge of Title VI (program delivery) and Title VII (equal employment opportunity). Employees indicated they generally receive requested training for fulfilling their job responsibilities. Employees interviewed had received mandatory Civil Rights training.
Corrective Actions Taken On-Site • None
Recommendations • None
Compliance/Non-Compliance Status • The state is in COMPLIANCE with this item.
Required Actions • None
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FOUR - TITLE VI - PROGRAM DELIVERY CIVIL RIGHTS MANAGEMENT – PUBLIC NOTIFICATION Requirements The Department of Justice regulation (28 CFR 42.405), the Department of Agriculture regulations (7 CFR 15.5, and Departmental Regulation 4300-3), and the NRCS GM 230 Part 405 require offices to inform and provide guidance about changes in the EEO policies and NRCS programs and activities. Examples of how notification is provided include: √ √ √ √ √ √ √ √ √ √ Newsletters Publications News releases Meetings Posters Personal contacts Electronic media Fact sheets Videos Through contacts with Grassroots Organizations representing minorities, women, and persons with disabilities.
Findings • • • • • • Farm Bill Focus Group meeting was held with farmers to develop a better understanding of customer needs and concerns. The Public Affairs Specialist (PAS) maintains a list of media sources and publishes statewide news releases on a regular basis. Field Offices visited are primarily using the SWCD, Cooperative Extension Service and FSA newsletters to inform landowners about NRCS programs. The current “And Justice For All” poster was displayed in all Field Offices and at the State Office. The non-discrimination statement is on all publications and bulletins displayed in Field Offices for distribution to the public. Landowners interviewed stated that they received newsletters and personal mailings regarding NRCS program changes.
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FOUR - TITLE VI - PROGRAM DELIVERY CIVIL RIGHTS MANAGEMENT – PUBLIC NOTIFICATION Corrective Actions Taken On-Site • Outdated posters and information were removed from bulletin boards by the compliance review team. Civil Rights Policy Statements and posters were placed in the appropriate locations.
Recommendations • None
Compliance/Non-Compliance Status • The state is in COMPLIANCE with this item.
Required Actions • None
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FOUR - TITLE VI – PROGRAM DELIVERY CIVIL RIGHTS MANAGEMENT – OUTREACH Requirements The Department of Agriculture regulation (7 CFR 15.5), the Departmental Regulation 4300-3, and the NRCS GM 230 Part 406 require the establishment of outreach programs at the local level to ensure that all persons, especially those who previously may not have participated fully, know about the availability of, or may not know how to use NRCS program services effectively and are encouraged to participate. Examples of how notification is provided include: √ √ √ √ √ √ √ √ √ √ Newsletters Publications News releases Meetings Posters Personal contacts Electronic media Fact sheets Videos Through contacts with Grassroots Organizations representing minorities, women, and persons with disabilities.
Findings • • • • • • • The State maintains an Outreach Strategic Plan. The PAS strongly supports the Virginia Outreach process. The State Conservationist supports the Agency’s Outreach Initiative as outlined by the Chief’s priorities and the Outreach policy. Some Field Offices visited maintain an outreach registry. The Verona Field Office Staff made a special effort to sign up landowners for the CSP program. They obtained a list of the landowners in the watershed and knocked on their doors to encourage participation in the program. The Culpeper Field Office Staff has made a special effort to outreach to Spanish speaking landowners by developing a video in Spanish and running it on the local cable channel. Field Office employees understand the difference between public notification and outreach.
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FOUR - TITLE VI – PROGRAM DELIVERY CIVIL RIGHTS MANAGEMENT – OUTREACH Corrective Actions Taken On-Site • None
Recommendations • Utilize the Special Emphasis Program Managers (SEPMs) to assist in establishing contacts with underserved communities.
Compliance/Non-Compliance Status • The state is in COMPLIANCE with this item.
Required Actions • None
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FOUR - TITLE VI - PROGRAM DELIVERY CIVIL RIGHTS MANAGEMENT – COMPLAINTS OF DISCRIMINATION Requirements The Department of Justice regulation (28 CFR 42.408), the Department of Agriculture regulation (7 CFR 15.6), the NRCS GM 230 Part 405, and the “And Justice For All” poster provide the instructions for customers filing complaints of discrimination in program and/or service delivery when customers feel they have been denied program benefits or services based on any one of the prohibited factors. These regulations and handbooks should be on file along with the poster displayed in a prominent location, and the Form AD-1126 available for use. Findings • • Most SWCD Board Members and Landowners are aware of the presence of the “And Justice For All” poster, however they were not clear on the purpose of the poster. There are no program complaints.
Corrective Actions Taken On-Site • The compliance review team explained to the SWCD Board Members and Landowners the purpose of the “And Justice For All” poster and the process to file a program complaint.
Recommendations • Encourage District Conservationists to provide training to the SWCD Board Members regarding the “And Justice For All” poster.
Compliance/Non-Compliance Status • The state is in COMPLIANCE with this item.
Required Actions • None
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FOUR - TITLE VI - PROGRAM DELIVERY CIVIL RIGHTS MANAGEMENT – EVALUATION OF PROGRAM DELIVERY Requirements The Department of Justice regulations (28 CFR Parts 42.406, 42.407, and 42.408), the Department of Agriculture regulations (7 CFR Part 15.5 and DR 4330-2), and the NRCS GM 230 Part 405, require the monitoring and evaluation of programs in order to ensure that they are administered in a nondiscriminatory manner. Executive Order 13166 establishes an affirmative responsibility to provide Limited English Proficiency (LEP) persons with meaningful opportunity to participate in programs and activities conducted by USDA. The Department of Agriculture regulations (7 CFR Part 15.5 and DR 4330-2), and the NRCS GM 230 Part 405, require the collection and evaluation of Race, Sex, National Origin, and Disability (RSNOD) participation and eligibility data for programs. These data are necessary to determine both quantitatively and qualitatively how effectively agency programs are reaching all potential beneficiaries and to provide input for management analysis. Findings • • • • • • • • • The Culpeper Field Office developed a video in Spanish explaining USDA programs that are available. The video was run on the local cable channel. The state maintains a current Virginia Civil Rights Compliance Review schedule. Field Offices have Spanish versions of several NRCS publications available to the public. Field Offices did not maintain current potential client list of landowners and cooperators and other potential beneficiaries. Agency data collection software is in place, but is currently unable to identify individual variables and collect required information by RSNOD. This database does not capture all assistance provided to clients by field offices and District Conservationists. Pre-award and post-award reviews are routinely conducted on Federal Contracts administered by the State Contracting Officer. Only new CRAC members participate in State Civil Rights Compliance Reviews. The majority of Procurement Preference goals set by NHQ have been met. The Acceptance of Award letters contains the required EEO and non-discrimination references.
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FOUR - TITLE VI - PROGRAM DELIVERY
Virginia Federal Construction Contracts
YEA R NUMBER OF CONTRACT S 2 2 1 1 3 AMOUNT TYPE (8A, SMALL BUSINESS, WOMEN OWNED, SERVICE DISABLED VETERAN SMALL BUSINESS, ETC)
2004
$187,529 $ 30,354 $177,605 $ 63,462 $ 43,848 $133,758 $ 41,825 $ 44,319
Small Woman Owned Business & 8(a) Very Small Business Very Small Business Small Woman Owned * (counted in 8(a) also) Very Small Business 8(a) Small Veteran Owned Business Very Small Business
2003
2002 2001
1 1
Virginia Service Contracts
YEA R NUMBER OF CONTRACT S 5 2 3 4 1 5 2 2 AMOUNT TYPE (8A, SMALL BUSINESS, WOMEN OWNED, SERVICE DISABLED VETERAN SMALL BUSINESS, ETC)
2004
$ 38,310 $ 5,725 $ 41,828 $ 46,945 $ 3,265 $ 71,590 $ 16,140 $ 87,900
Very Small Business Small Woman Owned Business** 8(a) Very Small Business Small Woman Owned Business 8(a) Very Small Business 8(a)
2003
2002
**This includes one award that is IDIQ Contract with no dollars obligated until task order issued.
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FOUR - TITLE VI - PROGRAM DELIVERY
Findings
Virginia Program Applications and Participants
FY-2002
Program # Apps 228 68 1 0 White # Funded 24 52 1 Male 23 47 1 Femal e 1 5 Other * # Apps 5 0 1 0 Minority # Funded 0 0 1 Male Femal e Other *
EQIP WHIP WRP GRP
1
*Other represents groups of mixed gender
FY-2003
Program # Apps 782 89 3 29 White # Funded 568 80 3 0* Male 515 68 3 Femal e 53 12 Other * # Apps 41 1 0 0 Minority # Funded 38 1 Male 38 Femal e 0 1 Other
EQIP WHIP WRP GRP
* 1 approved. Cooperator cancelled. Funds rolled into FY-04 *Other represents groups of mixed gender
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FOUR - TITLE VI - PROGRAM DELIVERY
Findings
Virginia Program Applications and Participants
FY-2004
Program # Apps 1252 96 1 69 White # Funded 454 74 1 14 Male 345 60 1 11 Femal e 56 8 3 Other * # Apps 45 2 0 0 Minority # Funded 23 1 Male 19 1 Femal e 1 Other
EQIP WHIP WRP GRP
53 6
*Other represents groups of mixed gender
FY-2005
Program # Apps 519 46 0 3 White # Funded 30 13 0 Male 26 13 3 As of April 2004 Other * Femal # e Apps 4 17 0 0 0 Minority # Funded 0 Male 16 Femal e 1 Other
EQIP WHIP WRP GRP
*Other represents groups of mixed gender
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FOUR - TITLE VI - PROGRAM DELIVERY
Findings
•
Virginia administers a Long Term Contract (LTC) Watershed Program in the following watersheds: Hays Creek, Linville Creek, Opequon Creek, Copper Creek, Three Creek, Chestnut Creek, Little Reed Island Creek, Cripple Creek, and Sandy Creek. The LTC addresses water quality concerns and soil erosion concerns.
FY-2002: • Twenty four (24) applications were received in FY-02. (Twenty One White males and three White females). Eighteen (18) LTC’s were originally approved. (17 White males and one White female). Twelve (12) LTC’s are still active. (11 White males for a total of $132,741, and 1 White female for a total of $51,828)
FY-2003: • Six (6) applications were received in FY 03. (Six White males) Five (5) LTC’s were approved for a total of $123,782)
FY-2004: • Six (6) applications were received in FY-04. (Five White males and one White female). Four (4) LTC’s were approved. (Four White males for a total of $73,064) Corrective Actions Taken On-Site • None
Recommendations • None
Compliance/Non-Compliance Status • The state is in COMPLIANCE with this item.
Required Actions • None
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FOUR - TITLE VI – PROGRAM DELIVERY CIVIL RIGHTS MANAGEMENT – PARTNERSHIP RESPONSIBILITY Requirements The Department of Agriculture regulations (7 CFR, Part 15.5 and DR 4330-2) and the NRCS GM 230 Part 405 set forth the recipients responsibility in program delivery. Findings Race and Gender Composition of SWCD Boards Visited
SWCD Headwaters Culpeper Blue Ridge Thomas Jefferson Robert E. Lee White Male White Female Am. Indian Male Am. Indian Female Hispanic Male Hispanic Female Other /Male Other/ Female Black Male Black Female
19 9 10 9 10 8 8
3 2 1 0 2 3 2
0 0 0 0 0 0 0
0 0 0 0 0 0 0
0 0 0 0 0 0 0
0 0 0 0 0 0 0
0 0 0 0 0 0 0
0 1 0 1 0 0 0 2
0 1 0 0 1 0 0 2
0 0 0 0 0 0 0 0
Piedmont Southside Totals
64 13 0 0 0 0 0 *Note: Some SWCD Boards have Associate Members which identified.
Race and Gender Composition of SWCD Boards in Virginia
Total White Male White Female Am. Indian Male Am. Indian Female Hispanic Male Hispanic Female Other /Male Other/ Female Black Male Black Female
406
335
61
0
0
0
0
0
2
8
0
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FOUR - TITLE VI – PROGRAM DELIVERY CIVIL RIGHTS MANAGEMENT – PARTNERSHIP RESPONSIBILITY Findings Race and Gender Composition of State Technical Committee
Total White Male White Female Black Male Black Female Hispani c Male Hispani c Female Asian Male Asian Female Am. Indian Male Am. Indian Female
130
97
27
3
0
0
0
0
0
2
1
Race and Gender Composition of the RC&D Councils in Virginia
Total White Male White Female Black Male Black Female Multi/Race Hispanic Male Multi/Race NonHispani c Male Asian Male Asian Female Am. Indian Male Am. Indian Female
160
116
31
4
4
1
1
1
0
1
1
Findings • • • • • • • SWCD Board Members and employees are very knowledgeable of the NRCS programs. Most SWCD Board Members are aware of the presence of the “And Justice For All” poster, however they were not clear on the purpose of the poster. The SWCD partners participate in the monthly Joint Employee Development Trainng Program (JEDT) sponsored by NRCS. SWCD Boards and Resource Conservation & Development (RC&D) Councils have signed Memorandums of Understanding (MOUs) that include the required nondiscrimination clause. SWCD Boards, RC&D Councils, and NRCS Staffs have good working relationships. While progress is being made, the lack of diversity on the SWCD Boards and RC&D Councils is still evident. They have made attempts to diversify their Boards through seeking female participation. Partnership members do not participate in the Field Office Civil Rights Compliance Reviews.
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FOUR - TITLE VI – PROGRAM DELIVERY CIVIL RIGHTS MANAGEMENT - PARTNERSHIP RESPONSIBILITY Corrective Actions Taken On-Site • The compliance review team explained to the SWCD Board Members and RC&D Council members the purpose of the “And Justice For All” poster and the process to file a program complaint.
Recommendations • • Include as an agenda item at Partnership quarterly meetings information to educate the partnership on the advantages diversity brings to boards and to the conservation leadership. Invite members of the Soil and Water Conservation District, Resource Conservation and Development Council, and other partners to participate in State Civil Rights Compliance Reviews.
Compliance/Non-Compliance Status • N/A
Required Action • N/A
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FOUR -TITLE VI – PROGRAM DELIVERY CIVIL RIGHTS MANAGEMENT ACCESS TO ALL NRCS FACILITIES BY PERSONS WITH DISABILITIES Requirements The Architectural Barriers Act of 1968 (P.L. 90-480) requires that all buildings and facilities be accessible if, since 1968, they were designed, built, or altered with certain Federal funds, or if they are leased for occupancy by Federal agencies. The Uniform Federal Accessibility Standards (UFAS) provide the guidelines for architectural compliance with the act. Section 504 of the Rehabilitation Act of 1973, as amended, regulations in 7 CFR Part 15(e), and the NRCS GM-230 Part 405 require that all offices are accessible to persons with disabilities. Findings • NRCS employees were confident that the agency would make reasonable accommodations for them if they developed a disability. Several employees cited examples of accommodations that management made due to personal circumstances. No one had observed an increase in employment of persons with disabilities.
Virginia State Office • • • • Drain pipes under the sink in men’s and women’s restrooms did not have protective covering to prevent scalding. (UFAS 4.24.6) The disability parking spaces do not have an access isle next to the parking space. (UFAS 4.60) Picnic area adjacent to the building is not accessible. Drinking fountain apron extends to the floor and prevents wheelchair access. (UFAS 4.15.5)
Charlotte Court House Field Office • No findings. This building is fully accessible.
Old Dominion RC&D Office • No findings. This building is fully accessible.
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FOUR -TITLE VI – PROGRAM DELIVERY CIVIL RIGHTS MANAGEMENT ACCESS TO ALL NRCS FACILITIES BY PERSONS WITH DISABILITIES Rocky Mount Field Office • Drain pipe under the sink in men’s and women’s restrooms did not have protective covering to prevent scalding. (UFAS 4.24.6)
Appomattox Field Office • Drain pipes under the sink in men’s and women’s restrooms did not have protective covering to prevent scalding. (UFAS 4.24.6.4)
Amelia Field Office • • The accessible route from the handicapped parking space to the building entrance is not smooth. (UFAS 4.1.5) The parking space which is located in front of the building on a public sidewalk is very steep. The surface public sidewalk and private building ramp area is crumbling. The slope measurement exceeds the recommended 1:20 ratio. (UFAS 4.1.6 Table 2) Note: This property is located on a main city street.
Charlottesville Field Office • No signage in front of building for customers to locate or identify the office.
Verona Field Office • No findings. This building is fully accessible.
Shenandoah RC&D Office • No findings. This building is fully accessible.
Louisa Field Office • No findings. This building is fully accessible.
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FOUR -TITLE VI – PROGRAM DELIVERY CIVIL RIGHTS MANAGEMENT ACCESS TO ALL NRCS FACILITIES BY PERSONS WITH DISABILITIES Culpeper Field Office • • • • • • The accessibility symbol in the handicap parking space is faded. (UFAS 4.30.5) The women’s Handicap accessible restroom toilet paper dispenser obstructs the path to the toilet by 4”. (UFAS 4.4) Paper towel dispenser is 48” high in the men’s restroom and 58” in the women’s restroom. (UFAS 4.5.6) Drain pipes under the sink in men’s restrooms did not have protective covering to prevent scalding. (UFAS 4.24.6.4) Feminine product dispenser is too high, 50”. (UFAS 4.23.9) The entrance door to the building does not have a three second delay when opening. (UFAS 3.13.10)
Corrective Actions Taken On-Site • • Table which was obstructing passage way in women’s restroom was moved out of the way. (Charlottesville Field Office) Crate which was obstructing access to the sink in the women’s restroom was moved. (Culpeper Field Office)
Recommendations • None
Compliance/Non-Compliance Status • The state is in NON-COMPLIANCE with this item.
Required Actions • Take appropriate actions to correct the deficiencies at all offices to meet the requirements set forth in the Rehabilitation Act of 1973. Ensure a letter is sent to all building leaseholders addressing the non compliance accessibility issues.
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FIVE - TITLE VII - EQUAL EMPLOYMENT OPPORTUNITY EEO MANAGEMENT – WORKFORCE ANALYSIS Requirements Executive Order 11478 and 29 CFR 1614 require that the head of each agency exercise personal leadership by establishing, maintaining, and carrying out plans, procedures, and directives necessary to manage an effective EEO program that promotes equality in employment, development, advancement, and treatment of employees. NRCS offices are required to manage their EEO activities through the following: √ Handbooks √ Directives √ Reports √ Notices √ Correspondence Findings
YEAR Totals White Male White Female Black Male Black Female Hispanic Male Hispanic Female AA/PI Male AA/PI Female AI/AN Male AI/AN Female
2000 % workforce GS 12-15 2001 % workforce GS 12-15 2002 % workforce GS 12-15 2003 % workforce GS 12-15 2004 % workforce GS 12-15
182 63 174 62 174 62 169 68 172 69
120
65.9
34
18.7
17
9.3
10
5.5
1
0.5
0
0.0
0
0.0
0
0.0
0
0.0
0
0.0
50 114
65.5
10 34
19.5
2 15
8.6
1 10
5.7
0 1
0.6
0 0
0.0
0 0
0.0
0 0
0.0
0 0
0.0
0 0
0.0
48 114
65.5
10 34
19.5
4 15
8.6
0 10
5.7
0 1
0.6
0 0
0.0
0 0
0.0
0 0
0.0
0 0
0.0
0 0
0.0
48 110
49.3
10 34
34.7
4 16
4.0
0 7
4.0
0 1
2.7
0 1
5.3
0 0
0.0
0 0
0.0
0 0
0.0
0 0
0.0
52 111
64.5
12 37
21.5
4 14
8.1
0 7
4.1
0 1
0.6
0 1
0.6
0 0
0.0
0 1
0.6
0 0
0.0
0 0
0.0
52
12
4
0
1
0
0
0
0
0
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FIVE - TITLE VII - EQUAL EMPLOYMENT OPPORTUNITY EEO MANAGEMENT – WORKFORCE ANALYSIS • The Table represents the employment trends and total numbers for each EEO group in the Virginia workforce for five fiscal years. The table also shows the trend in representation of employment at the GS 12 - 15 levels for the past five fiscal years.
Analysis of the current workforce by PATCO is as follows: • • • • • • • At the end of FY-04, the Professional category had 119 employees (85 or 71.4% White males, 19 or 16% White females, 10 or 8.4% Black males, 4 or 3.4% Black females, and 1 or 0.8% Hispanic males). No other EEO groups are represented. The Administrative category had 12 employees (3 or 25% White males, 7 or 58.3% White females, 1 or 8.3% Black males, and 1 or 8.3% Black females). No other EEO groups are represented. The Technical category had 27 employees (20 or 74.1% White males, 4 or 14.8% White females, and 3 or 11.1% Black males). No other EEO groups are represented. The Clerical category had 10 employees (1 or 10% White males, 7 or 70% White females, and 2 or 20% Black females). No other EEO groups are represented. The Other category had 4 employees (2 or 50% White males, 1 or 25% Hispanic females and 1 or 25% Asian Pacific Islander females). No other EEO groups are represented. The DN-714 dated October 15, 2004 indicates the State has no American Indian representation. The data also indicates that one Hispanic female and one Asian American/Pacific Islander female is employed in the OTHER category. An Affirmative Employment Plan was developed for FY-03 with recruiting goals.
Corrective Actions Taken On-Site • None
Recommendations • Develop recruitment efforts based on the workforce profile data and the need to diversify the workforce. Document and target under represented EEO groups and hire employees in the Professional and Technical categories to reach parity in the workforce in accordance with the CLF.
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FIVE - TITLE VII - EQUAL EMPLOYMENT OPPORTUNITY EEO MANAGEMENT – WORKFORCE ANALYSIS Compliance/Non-Compliance Status • The state is in COMPLIANCE with this item.
Required Actions • None
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FIVE -TITLE VII - EQUAL EMPLOYMENT OPPORTUNITY EEO MANAGEMENT – PROMOTIONS Requirements Equal Employment Opportunity Commission regulation 29 CFR Part 1614.101(a) requires the head of each agency to exercise personal leadership in establishing, maintaining, and carrying out a continuing Affirmative Employment Program. This program is designed to promote equal opportunity in every aspect of agency personnel policy and practice in the employment, development, advancement, and treatment of employees. Findings PROMOTIONS FY-2002: • Thirteen (13) promotions were given in FY-02. White males received 10 or 76.9%, White females received 2 or 15.4%, Black males received 1 or 7.7%.
FY-2003: • Fifteen (15) promotions were given in FY-03. White males received 10 or 66.6%, White females received 3 or 20%, Black males received 2 or 13.3%.
FY-2004: • Eleven (11) promotions were given in FY-04. White males received 8 or 72.7%, White females received 2 or 18.1%, Black males received 1 or 9.0%.
Promotions given were in proportion to the workforce percentages. Corrective Actions Taken On-Site • None
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FIVE -TITLE VII - EQUAL EMPLOYMENT OPPORTUNITY EEO MANAGEMENT – PROMOTIONS Recommendations • None
Compliance/Non-Compliance Status The state is in COMPLIANCE with this item. Required Actions • None
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FIVE -TITLE VII - EQUAL EMPLOYMENT OPPORTUNITY EEO MANAGEMENT – RECRUITMENT Requirements The Equal Employment Opportunity Commission regulation 29 CFR 1614.102(a)(4) and the NRCS GM 230 Part 400 requires agencies to communicate their EEO policies, program, and employment needs to all sources of job candidates without regard to age, color, disability, national origin, race, religion, sex, political beliefs, sexual orientation, and/or marital and family status. These regulations also require the agency to solicit assistance in the recruitment of minorities, women, and persons with disabilities. Findings • • Seven career interns have been placed in the State this Fiscal Year. (4 White females, 2 White males, 1 black female) They will be converted to career conditional status after they have successfully completed two years of Federal service. A vacancy was advertised on USA Jobs for Soil Scientist and Soil Conservationist Career Interns. Approximately sixty applications were received. The State plans to hire approximately five career interns from this announcement. However, the AEP does not reflect this goal. An announcement is being advertised for Career Interns for the Engineering field. Interest has been expressed from a Hispanic male in Texas. The State plans to hire two – three career interns from this vacancy announcement.
•
RECRUITMENT SOURCES The following list of recruitment sources was provided: • • • • Virginia State University Virginia Tech University USA Jobs Postings HACU
Corrective Actions Taken On Site • None
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FIVE -TITLE VII - EQUAL EMPLOYMENT OPPORTUNITY EEO MANAGEMENT – RECRUITMENT Recommendations • Encourage recruitment from 1862 Land Grant Universities, 1890 Historically Black Colleges and Universities (HBCU), 1994 Land Grant Tribal Colleges and Universities, Hispanic Serving Institutions (HSI), Colleges & Universities with a high enrollment of Asian American/Pacific Islander students, and the Workforce Recruitment Program for College Students with Disabilities (WRP). Consider including Special Emphasis Program Managers on job applicant evaluation panels and utilize them as part of the recruitment team. Document efforts to target under represented EEO groups and hire professionals to reach parity in the workforce.
• •
Compliance/Non-Compliance Status • The state is in COMPLIANCE with this item.
Required Actions • None
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FIVE -TITLE VII - EQUAL EMPLOYMENT OPPORTUNITY EEO MANAGEMENT – EMPLOYEE AWARENESS Requirements The Equal Employment Opportunity Commission regulations 29 CFR 1614.102(a)(13) and (b)(3) holds agencies responsible for communicating EEO policies, programs, and employment needs to all employees. √ √ √ √ √ √ √ NRCS Chief’s Civil Rights Policy Statement USDA Secretary’s Civil Rights Policy Statement NRCS EEO Poster USDA EEO Poster NRCS Prevention of Sexual Harassment Poster USDA Prevention of Sexual Harassment Poster NRCS Sexual Harassment Policy Statement & Fact Sheet
Other Federally required posters, suggested to be displayed, include: √ √ √ √ √ √ √ √ √ USDA Hotline Poster Workplace Violence Poster Alternative Dispute Resolution Employee Assistance Program Whistleblowing Poster & Whistleblowing Retaliation Poster Occupational Safety and Health Administration (OSHA) Federal Minimum Wage Law The Hatch Act Prohibited Personnel Practices
Findings • • • • • The current NRCS EEO and Sexual Harassment poster and Chief’s Civil Rights Policy Statement were displayed in most offices visited. Some offices visited did not have the current USDA EEO and Sexual Harassment poster. Offices visited displayed the other Federally required posters which are suggested. Most employees interviewed had current position descriptions and have a current and up to date cover sheet. (Form AD-332) All employees interviewed had current Individual Development Plan (IDP) to document employee annual training requests.
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FIVE -TITLE VII - EQUAL EMPLOYMENT OPPORTUNITY EEO MANAGEMENT – EMPLOYEE AWARENESS Findings • • • • • Most employees interviewed had current Performance Work Plans with the correct civil rights performance element. Employees are aware of the EEO complaint filing process and procedures. Most employees are aware of the Employee Assistance Program (EAP). All employees interviewed receive periodic performance evaluations. Some offices visited displayed outdated posters.
Corrective Actions Taken On-Site • Outdated posters were removed by compliance review team.
Recommendations • Ensure that all employee performance work plans have a civil rights performance element and position descriptions have current cover sheet. (Form AD-332)
Compliance/Non-Compliance Status • The state is in COMPLIANCE with this item.
Required Actions • None
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FIVE -TITLE VII - EQUAL EMPLOYMENT OPPORTUNITY EEO MANAGEMENT – REPRIMANDS Findings • • • FY 2002 – One letter of reprimand was issued to a Black female. FY 2003 – Negative Report. FY 2004 – One letter of reprimand was issued to a White male.
Corrective Actions Taken On-Site • None
Recommendations • None
Compliance/Non-Compliance Status • None
Required Actions • None
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FIVE - TITLE VII - EQUAL EMPLOYMENT OPPORTUNITY EEO MANAGEMENT – AWARDS AND RECOGNITION Requirements The Equal Employment Opportunity Commission regulation 29 CFR 1614.102(a) (5)(10)(13) requires agencies to: √ Review, evaluate, and control managerial and supervisory performance in such a manners to ensure a continuing affirmative application and vigorous enforcement of the policy of EEO; √ Provide orientation, training, and advice to managers/supervisors to assure their understanding and implementation of EEO policies and programs; √ Provide recognition to employees, supervisors, managers, and units demonstrating superior accomplishment in EEO; and √ Inform its employees and recognized employee organizations of the Affirmative EEO policy and program and enlist their cooperation. Findings FY-2002 • Fourteen (14) awards were given during the fiscal year. White males received 5 or 35.7% of the awards, White females received 7 or 50%; Black males received 1 or 7.1%, Black females received 1 or 7.1%.
FY-2003 • Seventy (70) awards were given in the fiscal year. White males received 43 or 61.4%, White females received 23 or 32.8%; Black males received 2 or 2.8%, Black females received 2 or 2.8%.
FY-2004 • Eighty five (85) awards were given in the fiscal year. White males received 52 or 61.1%, White females received 21 or 24.7%; Black males received 9 or 10.5%, Black females received 3 or 3.5%.
The distribution of awards over the three years reviewed reflects no disparate treatment.
41
VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FIVE - TITLE VII - EQUAL EMPLOYMENT OPPORTUNITY EEO MANAGEMENT – AWARDS AND RECOGNITION Corrective Actions Taken On-Site • None
Recommendations • None
Compliance/Non-Compliance Status • The state is in COMPLIANCE with this item.
Required Action • None
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VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FIVE -TITLE VII - EQUAL EMPLOYMENT OPPORTUNITY ______________________________________________________________________________ EEO MANAGEMENT – CIVIL RIGHTS ADVISORY COMMITTEE Requirements The NRCS GM 230 Parts 403 and 404 requires the establishment of Equal Opportunity Advisory Committees and Special Emphasis Program Managers to assist and enhance opportunities for designated groups that may include but not limited to under representation in recruitment, employment, and/or personal advancement and development. Findings • • • • • • • • • • • • • • • • • • One person is designated to serve as both the Hispanic and Asian American/Pacific Islander Special Emphasis Program Manager. CRAC members and SEPMs have current MOUs signed by their immediate supervisor and the State Conservationist. CRAC members are designated 10% of their time for collateral duty and SEPMs are designated 20% of their time for collateral duty activities. CRAC members and SEPMs have a separate performance element in their on performance work plans for their collateral duty functions. The CRAC has a current set of bylaws which include SEPMs as voting members. The CRAC meeting minutes are not distributed to all employees. The CRAC has a current business plan. There is no designated AI/AN SEPM. The American Indian Liaison has the same MOU as SEPMs. The Disability and Veterans Special Emphasis Program Manager’s working title is Special Placement and Veterans Program Manager. Four working subcommittees have been formed to accomplish the goals of the CRAC. CRAC sponsors a Cultural Diversity Day which is rotated annually to different Areas. The CRAC has included an Earth Team Volunteer to be an associate member. CRAC members participate with HR in various recruitment career days with local, State and private universities and colleges. The CRAC is developing a thunderbook for outreach. CRAC members provide new employee CR training in each Area. The CRAC is revising their educational materials which were developed for the Boy Scout Jamboree, to be more universal for all children. The CRAC has not had access to the DN-714 report prior to this year. New CRAC members participate in State Civil Rights Compliance Reviews.
43
VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW FINDINGS, CORRECTIVE ACTIONS, AND RECOMMENDATIONS SECTION FIVE -TITLE VII - EQUAL EMPLOYMENT OPPORTUNITY ______________________________________________________________________________ EEO MANAGEMENT – CIVIL RIGHTS ADVISORY COMMITTEE Corrective Actions Taken On-Site • None
Recommendations • • • Ensure the minutes of the CRAC meetings are distributed to all employees. Include a representative of the CRAC as team members for conducting Field Office Compliance Reviews and program evaluations. Consider establishing a separate collateral duty position for the AA/PI SEPM.
Non-Compliance Status • The state is in NON/COMPLIANCE with this item.
Required Actions • Establish a collateral duty position for the AI/AN SEPM position.
44
VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW SECTION SIX –OTHER OBSERVATIONS AND COMMENTS NOTEWORTHY ITEMS Focus Group The Virginia State Office held a Focus Group discussion to develop an outreach plan for limited resource and beginning farmers. The goal of the focus groups was to develop a better understanding of customer needs, identify barriers, determines methods for getting information to farmers, and to increase program participation throughout the state. The focus group consisted of nine people, three District Conservationist , three landowners, the head of the Farm Bureau’s New Farmer Program, one 2501 Program Outreach Specialist from the Virginia State University and one Colonial Farm Credit loan agent. The State is commended for their attempt to develop a better understanding of what information farmers need on conservation programs and explore ways to provide a clear understanding of the various programs to the farmers. A Farm Bill Action Plan was developed as a result of this meeting. It was provided to all Field Offices in the State. Civil Rights Education Heritage Trail On May 14, 2004, Old Dominion RC&D opened the Civil Rights in Education Heritage Trail with a ceremony at the Moton Museum in Farmville. Approximately 300 people attended the ceremony with Governor Mark Warner giving the keynote speech. Others present included Former Associate Chief of NRCS, Tom Weber, and Assistant Secretary for Civil Rights, Kenneth Marcus, US Department of Education. Mr. William Park, former Chair of the Old Dominion RC&D gave the opening remarks. There are 41 stops along the trail which allow visitors the opportunity to travel into history sites where African Americans, American Indians and women struggled to achieve education equal to that of their White mal counterparts. The trail, 300 miles long with 41 sites, highlights individual school and churches that were opened to provide education to minorities when Virginia closed their schools rather than integrate. It is hoped that these sites will attract visitors to region and boost the local economy. Additional information on the 41 sites has been featured in newspapers, radio and television stations as well as several websites.
45
VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW SECTION SIX –OTHER OBSERVATIONS AND COMMENTS NOTEWORTHY ITEMS Water Wizard Water is a limited resource and of primary importance for all aspects of life. Maintaining high water quality means having adequate water for personal and environmental uses, including farming. One of the biggest challenges facing the Blue Ridge Conservation District and the Rocky Mount Field office is water quality. The geographic area encompassed by this service district includes Smith Mountain Lake (a major recreational attraction) and the Upper Blackwater River, (a state recipient of TMDL funding from FWS). In past years the Water Wizard, a cargo van purchased by NRCS, and used by the Conservation District and Extension Service as a stand alone, traveling, interactive learning tool to educate children about water resources was available during the school year. This year the Water Wizard rotation just happened to require the Blueridge Conservation District and Rocky Mount Field office to identify new sites to visit consistent with the summer (vacation) season. As a result several libraries with adjacent public parks have been selected as sites for the Water Wizard. The hope of the Conservation District and Field Office Staff is to include some of their nontraditional young students and family members in their interactive curriculum.
46
VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW SECTION SEVEN - REVIEW CLOSE OUT PROCESS ______________________________________________________________________________ The NRCS GM 230 Part 405 specifies the process to complete this review process. It may be summarized as follows: √ The State Conservationist submits a proposed Corrective Action Plan to the Civil Rights Division for review and approval within 30 workdays from the receipt of the report. √ The Civil Rights Division reviews the Corrective Action Plan for approval within 30 workdays from receipt. √ The State Conservationist submits a progress report on the status of full implementation of the Corrective Action Plan to the Civil Rights Division quarterly beginning with the first quarter after approval of the Corrective Action Plan. √ The Corrective Action Plan shall be completed within one year of date of conclusion of the Civil Rights Compliance Review. The Civil Rights Corrective Action Plan should include the following: (A Template will be provided) Recommendations and/or Non-Compliance Action Items 1) List the Recommendations and/or Non-Compliance action item(s) that have been identified in the Civil Rights Compliance Review Report. 2) The Recommendations and/or Non-Compliance action item(s) should be listed succinctly according to the Civil Rights Compliance Review Report. Proposed Implemented Corrective Actions 1) The implemented action plan must provide detailed information on the dates, locations, programs and activities covered in the Civil Rights Compliance Review. Support documentation should be provided to the Civil Rights Division. 2) The proposed implemented actions should cover and correct the identified recommendations and non-compliance action item(s). 3) The Corrective Action Plan should negotiate a solution to the non-compliance action item(s). Responsible Person 1) Identify the individual that will have direct responsibility for this action item. 2) The identified individual should be able to implement the Corrective Action Plan within a reasonable timeframe.
VIRGINIA CIVIL RIGHTS COMPLIANCE REVIEW 47
SECTION SEVEN - REVIEW CLOSE OUT PROCESS ______________________________________________________________________________ Targeted Completion Dates 1) Identify the timeframe in which it will take to complete the proposed corrective action. 2) The monitoring and evaluation on the progress of the Corrective Action Plan will be conducted periodically by the Civil Rights Division. 3) The Civil Rights Compliance Review will not be officially closed until the entire plan has been formally addressed and implemented. 4) The Corrective Action Plan should be completed within one year of date of conclusion of the Civil Rights Compliance Review. Status and Comments 1) Provide an update on the progress made in implementing the recommendations and/or corrective actions quarterly.
48