Maryland: Annapolis city council tackles language issue; Bill would require 1 on utility crew to speak English

[Harold Schiffman]

Annapolis city council tackles language issue Bill would require 1 on
utility crew to speak English
By Nicole Fuller

Sun reporter

February 10, 2008



The Annapolis city council is set to tackle the issue of requiring
some workers to speak English. Alderman Samuel E. Shropshire plans to
introduce legislation that would require at least one member of any
utility crew working underground to speak English. He called the bill
"an important public safety measure." Shropshire said he was prompted
to act after fielding complaints in the past two weeks from Ward 7
residents who were without electricity and phone and cable service for
days at a time after Verizon workers inadvertently severed wires
during maintenance work. Shropshire said residents were frustrated
that none of the workers spoke English.

A spokeswoman for Verizon confirmed that a subcontractor cut the lines
and said the company had taken "corrective action" and suspended the
subcontractor. The spokeswoman, Sandra Arnette, said it is Verizon's
policy to have at least one English-speaking worker "on site at all
times." "It's all about public safety," Shropshire said. "What if
they'd cut through a power line and a gas line? I mean, this could
have been a disaster."

At least one Latino advocacy group has questioned the legality of the
measure, saying that the federal government requires municipalities to
offer "meaningful access" to non-English speakers.

"The city of Annapolis is saying, 'Look, we know we have to comply
with federal law, but what we're going to do is pass the buck of our
responsibility on to someone else,'" said Kim Propeack, advocacy
director of Casa de Maryland. "We understand that the city has
legitimate concerns about [workers'] capacity to speak with people in
an emergency situation. But we believe that [the city] should comply
with the federal law by ensuring their emergency personnel [are] able
to communicate with these people."

The issue of requiring people to speak English has come to the
forefront as the illegal immigration issue has heated up in recent
years.

In Philadelphia, the city's Commission on Human Relations filed a
discrimination complaint against the owner of a popular cheesesteak
restaurant, who posted two small signs at his shop in October 2005
telling customers, "This is AMERICA: WHEN ORDERING PLEASE 'SPEAK
ENGLISH,'" according to news reports.

The proposed ordinance in Annapolis would require that "work crews
installing or working on underground utilities have at least one
member on-site that is fluent in English so that that worker may
communicate safety information to company supervisors, other utility
companies, firefighters, police, EMS personnel and residents adjoining
the work site such as when gas, electrical, and telephone cables are
unintentionally severed."

Several members of the city council have co-sponsored the measure,
which is to be introduced at tomorrow night's meeting. It is
accompanied by a bill that would establish a $100 fine for each day a
company was in violation.

In a report accompanying the legislation, John Spencer, a legislative
analyst for the city, cited U.S. Equal Employment Opportunity
Commission rules that say any English language requirement in the
workplace must "relate to specific circumstances in its workplace. An
English-only rule is justified by 'business necessity' if it is needed
for an employer to operate safely or efficiently."

Spencer said that because "the proposed ordinance is based on
improving safety and is narrowly tailored to apply only to the
undergrounding of utilities and to only require one English-speaking
worker, it is expected that this ordinance would withstand legal
challenge."

Mayor Ellen O. Moyer was noncommittal last week, saying that she is
aware of the potential danger of not being able to communicate in
emergencies but is willing to listen to concerns from the community
and her legal staff about the legality of the measure.

Robin Maisel, president of the Ambridge Homeowners Association, said
about 55 households were affected by the severed lines beginning about
two weeks ago.

"The biggest problem was, we couldn't speak to anyone. I don't know
what language they spoke, but they didn't speak English. The people
here take a lot of pride in their yards, and all of a sudden there are
these people that show up that start digging up your yard, and you
can't even talk to them."


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