The Monterey Bay Air Resources District (MBARD) 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.

It is MBARD’s policy to provide fair and equal access to the benefits of a program or activity administered by MBARD. MBARD will not tolerate discrimination against any person(s) seeking to participate in, or receive the benefits of, any program or activity offered or conducted by MBARD. Members of the public who believe they or others were unlawfully denied full and equal access to a program or activity may file a discrimination complaint with MBARD under this policy.

If you believe discrimination has occurred with respect to a MBARD program or activity, you may contact the Non-Discrimination Coordinator identified below.

Questions regarding this Policy should be directed to the Non-Discrimination Coordinator, Rosa Rosales, at (831) 718-8019 or by email at rrosales@mbard.org.   

Definitions

Complainant: Individual(s) or other interested parties filing a discrimination complaint under this policy.

Discrimination: The unlawful denial of fair and equal access to a program or activity offered, conducted or administered by MBARD based on a protected class. “Denial of Fair and Equal Access” includes:

(i) The denial of any program benefit,

(ii) Providing a different level of benefits than provided to other program users,

(iii) Restricting the benefit or advantage of any program in a manner dissimilar to restrictions placed on others program users without a protected characteristic.

(iv) Subjecting a person to segregation or separate treatment in any way related to receiving the benefits of the program,

(v) Denial to any person, or group of people, the opportunity to participate as a member of any planning or advisory body otherwise open to the public in some fashion, and

(vi) Using criteria or methods of administering its program that has the effect of discriminating against a user, or potential user, of the program offered by MBARD.

Protected class: A characteristic of a person which cannot be targeted for discrimination including 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.

Responsibility

MBARD’s Air Pollution Control Officer will have final authority and responsibility for compliance with this policy.

MBARD’s Non-Discrimination Coordinator, on behalf of the Air Pollution Control Officer, will coordinate this policy’s implementation within MBARD.  The Non-Discrimination Coordinator will also ensure that MBARD 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.

Complaint Procedure

The complaint procedure has two steps and an appeal process:

1. Submission of Complaint

A person who believes that he or she or a specific class of persons has, on the basis of any protected class, been excluded from or denied the benefits of, or been subjected to discrimination under, any program or activity of MBARD may file a written complaint with the Non-Discrimination Coordinator for MBARD. Such complaint must be filed within 180 calendar days after the date the person believes the discrimination occurred. Click here to download the Discrimination Complaint Form [English] [Spanish].

2. Referral to Review Officer

Upon receipt of the complaint, the Non-Discrimination Coordinator will appoint one or more staff as review officers, as appropriate, to evaluate and investigate the complaint, in consultation with the District Counsel. The review officer(s) will complete their review no later than 60 calendar days after the date MBARD received the complaint using a preponderance of the evidence standard.  If more time is required, the Non-Discrimination Coordinator will notify the complainant of the estimated time for completing the review. Upon completion of the review, the review officer(s) will make a recommendation regarding the merit of the complaint and whether remedial actions are available to provide redress. Additionally, the review officer(s) may recommend improvements to MBARD’s processes as they relate to the Non-Discrimination Policy, as appropriate. The review officer(s) will forward their recommendations to the Non-Discrimination Coordinator for review. The Non-Discrimination Coordinator will issue MBARD’s written response to the complainant.

3. Appeal

If the complainant is dissatisfied with the response, the complainant may request an appeal, in writing, to the Air Pollution Control Officer within 10 calendar days after receipt of the response. 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 10 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 review officer(s) to re-evaluate in accordance with Item 2, above.

Confidentiality

MBARD 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 may release information as necessary to resolve this complaint. If a remedial action results in employee discipline, the Non-Discrimination Coordinator may release information provided during the complaint process to appropriate MBARD personnel and outside parties including independent investigators.  

Retaliation for filing a complaint is prohibited and claims of retaliation will be handled promptly if it occurs.

Complaint Form

To initiate a complaint, the complainant must complete a Discrimination Complaint Form [English] [Spanish] and submit it to the Non-Discrimination Coordinator, Rosa Rosales, at 24580 Silver Cloud Court, Monterey, CA 93940 or by email at rrosales@mbard.org within the time frame set forth above.

If you need assistance with completing a discrimination complaint, please contact the Non-Discrimination Coordinator.

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 the Office of Civil Rights, U.S. Environmental Protection Agency, Mail Code 1201A, 1200 Pennsylvania Ave. NW, Washington, DC 20460.