OFFICE OF THE SECRETARY OF THE TREASURY

OFFICE OF REVENUE SHARING
2401 E STREET. N.W.
COLUMBIA PLAZA HIGHRISE
WASHINGTON. D.C. 20226

CERTIFIED - RETURN RECEIPT REQUESTED

AUG '1 5 .1978

Dear Mr. Patterson:
By letter dated March 9, 1978, the Office of Revenu Sharing
notified you that a complaint had been received against y9ur
government alleging a violation of Section 122(a) of the State
and Local Fiscal Assistance Act of 1972, as amended.
On April 3 - 6, 1978, this Office conducted an
investigation and compliance review of the City of Naples. Based
on the investigation, and documents obtained during the
investigation, I have reason to believe that the City of Naples
is in violation of Section 122(a) of the State and Local Fiscal
Assistance Act of 1972, as amended, and the pertinent sections of
the rules and regulations issued pursuant thereto.
Section 207(a) of the Public Works Employment Act of 1976,
as amended, imposes the same nondiscrimination requirements as
Section 122(a) of the State and Local Fiscal Assistance Act. The
evidence thus warrants a finding pursuant to Section 20/(b) of
the Act and Section 52.61 of the pertinent regulation that there
is reason to believe that the City of Naples also violated
Section 207(a) of the Public Works Employment Act, as amended.
I am sending this letter to inform you of this circumstance
and to request,that you correct any possible violations of the
Revenue Sharing Act or regulations before we are required to take
further action.
The specific allegations were as follows:
1) The City of Naples discriminates against black and
Spanish surnamed residents in the provision of street
paving and maintenance, Sewer service, water service,
park and recreational facilities, fire protection and
street lighting.
2) The City of Naples discriminates against minorities in
its employment policies and practices.

 On the basis of our investigation and compliance review
have reason tb believe that the City of Naples:
1) has not discriminated against minorities in the
provision of tgater service, street paving and .
maintenance, sewer service, street lighting And fire
protection;
2) has discriminated against minorities in the provision Of
recreational facilities;
.

.

3) has discriminated against minorities arid women in 'it's,,.
employment 'Practices.
The specific findings' of fact on each 'of these. matters, as
well as the remedieS required to come into compliance with .
Section 122(a) and Sectioni 207 of Title 31 are detailed in the
attachment, to this letter:r
.
This is to request that you respond wi'thin firteen (15) days%
of your receipt Of this 'letter. Please indicate your intentions'
.and efforts to correct the violations cited, and to implement; the
actions enumerated in the attachment to this letter. .Should you
fail to respond satisfactorily, the Director of the Office of .
Revenue Sharing will be required under Sectidn 122(c)(4).of the
Revenue Sharing Act, and Section 51:62 of the Regulationa, to
find you in noncompliance with Section 122(a) of the Revenue
Sharing Act and regulations thereunder. Your continued failure
to take corrective action:within thirty (30), daya from receipt of
the notification of finding will result in , a determination of
noncompliance. •Revenue sharing:funds will be suspended within
the ten (10) day.pexioefollowing.,receipt offthe—determtnatiOn,*
unless you enter into a satisfactory compliance agreement with
the Office of Revenue Sharing, or submit .in writing a, request for
an administrative hearing.

 -3-

In all cases, however, our goal is voluntary compliance and
we are available to provide assistance to you as needed. If you
have any questions regarding this matter, ,please contact Ms.
Elizabeth M. Thornton, Southeastern Branch Chief at (202)
634-5240. She will be.pleased,to furnish you or your staff with
any assistance or additional information.
Sincerely,
0,
%

Treadwell 0. Phillips
Manager
Civil Rights Division
Office of Revenue Sharing
Mr. George Patterson
City Manager
City Hall
735 Eighth Street, South
Naples, Florida 33940
Attachment

 Attachment
Findings of Fact and Remedies
"
1)

Ts

City of Naples Municipal Services, Except Recreation
a) Finding of Fact
Documentary evidence is adequate to establish that
minority and white re'sidents of the City are provided
water service through water mains of subAantially equal
size and that there is no significant difference in
water pressure between the white and minority areas.
Documentary evidence and an on-site review are adequate
to establish that minority and white residents are
provided streets which are substantially equal in width,
and quality of surface and that there is no significant
difference in the manner in which the streets are
maintained. Documentary evidence is adequate to
establish that minority and,white residents are provided
sewer service on a substantially equal basis.
Documentary evidence is adequate to establish that
minority and white residents are provided street •
lighting which is substantially equal in the quality of •
the equipment providing the illumination and the quality
of the illumination.
.
Documentary evidence is adequate to establish that fire
protection is prOvided minority and white residents on a
substantiallequal basis. All residents are within a
600 foot radius . of,a fire hydrant, there is no disparity
in the size of water mains serving fire hydrants in the
minority areas, and there is no significant difference
in the response time to fires in the minority areas.
b)

Remedy

No remedy is required.
2) Finding of Fact

•

Recreational facilities located in the minority area of
Naples are not equal in quality to those located in the
white areas. Specifically, Anthony Park, located in the
black area, lacks restrooms, lighting for night time
use, and water fountains which are provided in parks

 -2in white areas'. It was' also noted that Anthony Park
has not. been landscaped as have other . parks in white
areas. Recreation equipment located at Riverside
Recreation Center, in a minority area, is not .of a
subStantial,ly equal quality to that located in centers
in the white areas. The tot lot located next to the
Riverside Pool in a minority area is the only one in the
City pot fenced in, creating - an apparent safety. hazard
since, the tot lot is located next to .a public street.

ID)

'Remedy

•
•Subtit a detailed plan to the Office of Revenue Sharing •
for approval which will ensure the equalization of
recreational facilities and services in the City and..
cbrrect the deficiencies cited above. The plan should
provide specific dates for the beginning and completion
Of improvements and'the purahase.and placement of
equipment:* ..
3) City of Naples Etployment . Practices
a) Finding of Fact
The City employs a total of 358 employees, of which 125
'(34.9%) are minorities and only. '56 (15.6%) are women.
City officials define their labor market as Lee.and
Collier County which is 16.% 'minority and 38% women. Of
the 32 City employees earning $15,000, per year or more,
only one' (3.7%) is• a woman.. However, of the 196 City
employees ,who earn less than '$10,000 iper. year, 87.
„,(44.3%) re °1,tinorities and 45 (2249%) are women. Of the
56 female employees 34 (60.7%) are in clerical .
positions:
The Naples Police Department ,employs a total.of 63
employees, of which only 5 (7.9%) -are minorities and
only 14 (22.2%). women., The Poliee:Department has 40
'sworn officer positions;,of which Only one (2.5%) is a
.
,minority and none 'is female;
The Naples. ,Fire Department employs a total. of 31
employees, of. whi611 bnly one :(3.2%) is a minority and
only one.(3.2%) is:a woman. the female employee Is in a .
c1erica1'pOsition. There are no female firefighters.

 -3The Naples.Public.yorks Department employs a total of
187 employees:„ of which 105 (56.1%) are minorities and
seven (3.7%) are wOmen.Of the City's total of 1 .25
minority employees, 84% work in the Public Works
Department. Severity-three (69.5%) of the minorities and
all of the women' in the Public Works Department earn..
less than '$10,00.0 per Yor., While 29 (35.4%) of the
employees of the Public Works Department earn over
$15,000 per year, the Only minority (1%) earning that
amount is the Superintendent of,the•Sanitation
Department.'
,
;
•
The gmployment'application form-for the City of Naples
contains extensive pre-eMployment inquiries regarding an
applicant's medical 'and psychological history.
Because these inquiries are not limited to disabilities!
which arg jbb-related, they could be discriminatory
'against, handicapped persons. The oral appraisal
interview for entry-level police. -officers asks the
applicant to state,"If married, have you the full
support of your wife...". 'This question presupposes
that applicants will be males..

ID). Remedy
Submit an affirmative action plan to the Office of
Revenue Sharing for approval. 'The plan should describe'
in detail actions to be taken to recruit, place and
provide upward 'mobility for minorities and women to
correct the deficiencies cited .aboVe. The plan should
also contajnojoals and timetables ,for the .employment of
Minorities and women which will' enable the workforce of
the City of Naples in all departments and at all levels
to reflect the labor market for Naples which is 16%
minority and
Eliminate the pre-employment inquiries regarding the
applicant's medical and .psychological history, or limit
the inquiries to those disabilities which would prohibit
satisfactory performance ,of the particular job for which
application - is Made. Where.retained, provide this
•
Office with evidence that the particular disability
would prohibit satisfactory perfor'mance . and that no
reasonableaccommodation Of the handicap can be made.
Revise the inquiry cm the oral interview form so that
:the question refers to the applicant's spouse rather
than wife.

 -4-

Submit annual reports - to,the.Office of Revenue Sharing
describing in detail the actions .taken during the
previous year to recruit and place minorities and women
in the City's workforce and attain.the,goals contained
in the City's affirmative action plan. The report
should contain 'a list of the City's employees by
department, indicating for each name, race, sex, date
hired; starting salary, present salary, starting
position and present position. the report should also
contain sufficient analysis Of. the City's,present.
workforce as well as "new hires" to enable this Office
to evaluate the extent to which progress has been made.
The first repcirt shall be due one (1) year from the date
of your receipt of this - letter and on that date every
year thereafter.