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HomeMy WebLinkAboutR16-021 Policy Regarding Americans with Disability Act Commissioner -�/�1 moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION No. 2016- 6 v RESOLUTION ADOPTING THE EAGLE COUNTY POLICY REGARDING THE AMERICANS WITH DISABILITYACT AND SECTION 504 OF THE REHABILITATION ACT AND THE EAGLE COUNTY GRIEVANCE PROCEDURE FOR THE AMERICANS WITH DISABILITY ACT AND SECTION 504 OF THE REHABILITATION ACT WHEREAS, Eagle County is the recipient of federal funds including funds from the Federal Highway Administration ("FHWA") which are administered or directed to Eagle County through the Colorado Department of Transportation("CDOT"), and funds from the Department of Housing and Urban Development("HUD"), which are administered or directed to Eagle County through the Colorado Department of Local Affairs; and WHEREAS, compliance with Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act is a condition of receipt of federal funds; and WHEREAS, the Eagle County Board of Commissioners (hereinafter the "Board") desires to formally adopt a Policy and Grievance Procedure for the Americans with Disabilities Act(ADA) and Section 504 of the Rehabilitation; and WHEREAS,through its Annual Appointment Resolution(Resolution 2016- 007), the Board appointed Eagle County Facilities Manager, Jan Miller, as the County's ADA/Section 504 Coordinator. NOW, THEREFORE, be it resolved by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the Board hereby adopts the Eagle County Policy and Grievance Procedure for the Americans With Disabilities Act (ADA) and Section 504 of the Rehabilitation Act which is attached hereto and incorporated herein as Exhibit A and the Notice of Non-Discrimination which is attached hereto and incorporated herein as Exhibit B. THAT, the Board, having the authority, in its sole discretion, may revise, modify., replace and readopt the plan and procedures from time to time. APP 0V E,D AS TO FORM By: 4PiC ; t �r,�; t Eagi C unty Attorney's Office By: Eagle County Commissioners' Office THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. MOVED, READ and ADOPTED by the Board of County commissioners of the County of Eagle, State of Colorado, at its regular meeting held the z1 day of 14A4414-- A-} , 2016. 0444 e% COUNTY OF EAGLE, STATE OF t - Si COLORADO,by and Through Its ATTEST: * * BOARD OF COUNTY COMMISSIONERS go° , /n 11 BY: rnU6 Teak J. Simonton anne McQueene Clerk to the Board of Chair County Commissioners / Ata`■AOP Ji •.n . Ryan ra om 'issioner 1i1.4 . I f∎41 Kat y Char dler-Henry Commissioner Commissioner Gi-r--09Ut.0_ - seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner McQueeney 1214,. 4 Commissioner Ryan Commissioner Chandler-Henry This Resolution passed by-5/t vote of the Board of County Commissioners of the County of Eagle, State of Colorado. EXHIBIT A EAGLE COUNTY, COLORADO POLICY REGARDING THE AMERICANS WITH DISABILITIES ACT (ADA)AND SECTION 504 OF THE REHABILITATION ACT In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), and Section 504 of the Rehabilitation Act as amended, Eagle County, Colorado will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. Employment: Eagle County does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA. Effective Communication: Eagle County will generally,upon request,provide reasonable and appropriate auxiliary aids and services where necessary to afford qualified persons with disabilities an opportunity to participate equally in Eagle County's programs, services, and activities, which might include qualified sign language interpreters, telecommunication devices for the deaf, and other ways of making information and communications accessible to people who have speech,hearing, or vision impairments. In determining what type of auxiliary aid is necessary, the County shall consider the request of the individual with disabilities. However, the County is not required to provide individually prescribed devices, readers for personal use or study or other devices of a personal nature. Modifications to Policies and Procedures: Eagle County will make all reasonable accommodations or modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. Anyone who requires an auxiliary aid or service for effective communication, or an accommodation or modification of policies or procedures to participate in a program, service or activity of Eagle County, should contact the office of Facilities Operations at Eagle County, P.O. Box 850, 500 Broadway, Eagle, Colorado (970) 328-8880, email: facilities @eaglecounty.us as soon as possible but no later than 48 hours before the scheduled event. The determination as to whether a particular accommodation or modification is reasonable will be made on a case-by- case basis. The ADA does not require Eagle County to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. Complaints that a program, service, or activity of Eagle County is not accessible to persons with disabilities should be directed to Facilities Manager in accordance with Eagle County's ADA/Section 504 Grievance Policy. Eagle County will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs. AMERICANS WITH DISABILITIES ACT(ADA)/SECTION 504 GRIEVANCE PROCEDURE FOR EAGLE COUNTY, COLORADO The Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA") and Section 504 of the Rehabilitation Act as amended. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, facilities, programs, or benefits by Eagle County. There may be alternative, specific grievance policies for employees, contractors, inmates, etc. This procedure shall not supersede or replace those specific policies and all covered individuals should utilize the specific procedure applicable to them. All complaints must be in writing and contain detailed information about the alleged discrimination. A form complaint is attached as Attachment 1 and may be used by a complainant. The complaint shall include the name, address,phone number of complainant and location, date, and description of the problem. Upon request, alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities. The complaint should be submitted by the complainant or his/her designee as soon as possible but no later than sixty(60) calendar days after the alleged violation to the Facilities Manager/ADA-Section 504 Coordinator at: Mailing Address: Eagle County Facilities Operations Attn: Jan Miller, Facilities Manager/ADA-Section 504 Coordinator P.O. Box 850 Eagle, Colorado 81631 Email: facilities @eaglecounty.us Physical Address: Eagle County Facilities Operations Attn: Jan Miller, Facilities Manager/ADA-Section 504 Coordinator 500 Broadway Eagle, CO 81631 Within fifteen(15) calendar days after receipt of the complaint, the Facilities Manager/ADA- Section 504 Coordinator or his/her designee will meet with the complainant to discuss the complaint and the possible resolutions. Within fifteen(15) calendar days after meeting, the Facilities Manager/ADA-Section 504 Coordinator will respond in writing, and, where appropriate, in a format accessible to complainant, such as large print, Braille, or audio tape. The response will explain the position of Eagle County. If the response of the Facilities Manager/ADA-Section 504 Coordinator or his/her designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within fifteen(15) calendar days after receipt of the response to the County Manager or his/her designee. Within fifteen(15) calendar days after receipt of the appeal, the County Manager or his/her designee will meet with the complainant to discuss the complaint and possible resolutions. Within fifteen(15) calendar days after the meeting, the County Manager or his/her designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. All written complaints received by the Facilities Manager/ADA-Section 504 Coordinator or his/her designee, appeals to the County Administrator or his/her designee, and responses from these two offices will be retained by Eagle County for at least three (3) years. ATTACHMENT 1 GRIEVANCE FORM THE AMERICAN WITH DISABILITIES ACT (To be used in accordance with Eagle County's Americans With Disabilities Act(ADA)/Section 504 Grievance Procedure) Name: Address: Phone Number: Date: Date Issue Occurred/Identified: Location: Description of Issue (please provide sufficient detail to inform Eagle County of the nature of the alleged violation): Print Name Complainant Print Name of Designee if any Signature Signature of Designee if any EXHIBIT B elf . EAGLE COUNTY NOTICE OF NONDISCRIMINATION As required by Section 504 of the Rehabilitation Act (as amended) and the Americans with Disabilities Act (ADA), Eagle County Government has adopted by resolution a policy regarding nondiscrimination on the basis of disability. Eagle County Government does not discriminate on the basis of disability in the admission to, access to, or operations of programs, services or activities. Eagle County will generally, upon request, provide appropriate auxiliary aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in Eagle County's programs, services, and activities, including qualified sign language interpreters, telecommunication devices for the deaf, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments. Anyone who requires an auxiliary aid or service for effective communication, or an accommodation or modification of policies or procedures to participate in a program, service or activity of Eagle County, should contact the office of Facilities Operations at Eagle County, P.O. Box 850, 500 Broadway, Eagle, Colorado (970) 328-8880, email: facilities@eaglecounty.us, as soon as possible but no later than 48 hours before the scheduled event. The determination as to whether a particular accommodation or modification is reasonable will be made on a case- by-case basis. An grievance procedure is available to resolve complaints. Questions, concerns, or requests for additional information regarding Section 504/ADA should be forwarded to the County's ADA- Section 504 Coordinator: Name: Jan Miller Title: Facilities Manager and ADA-Section 504 Coordinator Address: P.O. Box 850, Eagle, CO 81631 Phone Number: 970-328-8880 TDD: Relay Colorado- 711 Available: Monday—Friday, 8:00 a.m. —5:00 p.m. Upon request, this notice and other materials may be made available in alternative formats (for example, large print or audio tape) from the ADA-Section 504 Coordinator.