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.