HomeMy WebLinkAbout04- 15-2015 DAC Minutes(MCF
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN
DISABILITIES ADVISORY COMMITTEE
MINUTES
WEDNESDAY, APRIL 15, 2015 — 3:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. Mr. lovino called the meeting to order at 3:00 p.m.
2. The Pledge of Allegiance was recited.
3. ROLL CALL:
Members Present:
Michael Goodfellow
Albert lovino
Andrea Ring
Mildred Virant
Members Absent:
Carolyn Sartain -Anderson (excused)
Staff Present:
Joe Griffin, City Manager
Bob Ginsburg, City Attorney
Wayne Eseltine, Building Official
Frank Watanabe, City Engineer
Barbara Brooke -Reese, Electronic Records & Information Manager
Jeanette Williams, Deputy City Clerk/Recording Secretary
4. AGENDA MODIFICATIONS — None
6. PUBLIC HEARINGS — None
7. UNFINISHED BUSINESS — None
8, PUBLIC INPUT — None
9. NEW BUSINESS
A. Input from City from City Manager Re: Committee Mission and Sunset Provision (R-1 4-31)
Committee Mission and Sunset Provision (R-14-31)
The City Manager thanked them for the inaugural meeting and briefly went over
their responsibilities, meeting times, and sunset provision.
He said Ms. Sartain -Anderson will be leaving to go up north May 51' and return in
October. In that meanwhile, he would like them to go, individually, to City
buildings and facilities to make notes on how accessible the facilities are for
disabled individuals. The notes would then be compiled for review and
discussed by the Committee in October and then reported to City Council.
B. Input from City from Ci�Attorney Re: Brief on Sunshine Law & Quorum
Brief on Sunshine Law & Quorum
The City Attorney distributed a three page handout from the Attorney General's
office regarding the Sunshine Law and Records Law.
Disabilities Advisory Committee
April 15, 2015
Page Two
He pointed out the importance of the law to each of them because it is counter to
what people normally like to do which is talk about common problems and
interests. He advised them to have their disability issue conversations at the
public meetings as the penalties can be significant and their recommendations
could be invalidated.
3:16 pm
Their meetings must be open to the public, noticed in advance, and minutes
taken. In his handout, he cited the second paragraph on one-way
communication and advised them the safest way to go is to ignore that
paragraph and do not communicate issues that might come before them as they
are now part of the government structure.
He invited them to contact staff. If needed, he will attend any future meetings
they may need his assistance at.
C. Input from Building Director Re: Americans With Disabilities Act (ADA) as it
Relates to Building Department Responsibilities for City Properties
The Building Official explained the main function of the Building Department is to
apply the Florida Building Code as it relates to new construction, additions,
alternations, or repairs of buildings and structures in accordance with the Florida
Statutes. The Florida Accessibility Code is part of the Florida Building Code
series. The State of Florida has obtained certification from the U.S. Department
of Justice that shows Florida Accessibility Code is equivalent to the Federal ADA
standards, there are codes in the Florida Accessibility Code that are over and
above ADA standards, and these can be waived by the Florida Building
Commission under certain circumstances but can never waived from the Federal
ADA standards. There is a Federal barrier removal mandate for all places of
public accommodations to remove architectural barriers that are structural in
nature to maximum extent feasible. The Florida Accessibility Code does not
mandate barrier removal but it is used to facilitate code compliance when there
are alterations are made to comply with the Federal mandate. The Building
Department does not make businesses remove barriers, but it is incumbent on
them to do this to the maximum extent feasible and at that point the Building
Department reviews the alteration to make sure it meets the Accessibility Code.
He offered to answer any questions regarding the Florida Accessibility Code.
In response to Mr. lovino, the'Building Official said the Accessibility Code applies
to parking as well.
Frank Watanabe, City Engineer
The City Engineer said Title II under the ADA involves public facilities that would
include roadways, sidewalks, and parking lots which fall under the responsibility
of the City Engineer. He distributed a Title II handout and an overview of the
Department of Justice's ADA Transition Plan. He explained the plan has been
developed to assist municipalities in meeting ADA requirements. As the Board
inspects City properties, he would like to be notified of any deficiencies as he is
required by law to take action. The Transition Plan will help the Board
understand what is required.
Disabilities Advisory Committee
April 15, 2015
Page Three
Mr. Goodfellow asked if the Go -Line bus shelters are under the Board's purview.
The City Engineer explained the sheltered structure falls under the Go -Line but
there is a grey area from the shelter to the sidewalk. The City is required to
provide connectivity on the sidewalk so that disabled individuals are not stranded
when using the shelter.
The City Manager will supply the Board with a list of City facilities.
D. Selection of Chair and Vice Chair
Mr. lovino nominated himself for chairmanship. Ms. Ring seconded the
nomination. Mr. Goodfellow also nominated himself. There were no other
nominations. There was a unanimous roll call vote to have Mr. lovino serve as
chair. (40)
Chairman lovino nominated Mr. Goodfellow for vice chair and Ms. Virant
seconded the nomination. There were no other nominations therefore Mr.
Goodfellow will serve as vice chairman.
E. Determine Meeting Schedule
There was consensus of the Board to hold the next meeting in October 2015.
10. STAFF MATTERS
The City Manager said he would act as liaison to the Committee; he has a personal
interest in these issues; and he would like the facility review to work. He invited them to
contact him with any questions.
The City Attorney advised them that while the City Manager is the liaison, they should
not communicate with him to indirectly to communicate with other members.
11. BOARD OR COMMITTEE MEMBER MATTERS — None.
12. Being no further business, Chairman lovino adjourned the Disabilities Advisory
Committee meeting at 3:33 p.m.
By: Vice Chairman Michael Goodfellow fo 2L l5
for Chairman Albert lovino Date
2012 Open Government Update
Patricia R. Gleason
As Edited by the City of Sebastian
SUNSHINE LAW
A. Scope of the Sunshine Law
Florida's Government in the Sunshine Law, commonly referred to as the
Sunshine Law, provides a right of access to governmental proceedings at
both the state and local levels. The law is equally applicable to elected
and appointed boards and has been applied to any gathering of two or
more members of the same board to discuss some matter which will
foreseeably come before that board for action.
• There are three basic requirements
1. Meetings of public board or commissions must be open to the
public;
2. Reasonable notice of such meetings must be given; and
3. Minutes of the meetings must be taken, promptly recorded and
open to public inspection.
• Advisory boards created pursuant to law or ordinance or otherwise
established by public agencies are subject to the Sunshine Law, even
though their recommendations are not binding upon the agencies that
create them.
Board members may not use e-mail or the telephone to conduct a private
discussion about board business. Board member may send a "one-way"
communication to each other as long as the communication is kept as a
public record and there is no response to the communication except at an
open public meeting. Accordingly, any "one-way" communications (for
example one board member wants to forward an article to the board
members for information) should be distributed by the board office so that
they can be preserved as public records and ensure that any response to
the communication is made only at a public meeting.
While a board member is not prohibited from discussing board business
with staff or a nonboard member, these individuals cannot be used as a
liaison to communicate information between board members. For
example, a board member cannot ask staff to poll the other board
members to determine their views on a board issue.
B. Board meetings
Board members are not prohibited form using written ballots to cast a vote
as long as the votes are made openly at a public meeting, the name of the
person who voted and his or her selection are written on the ballot, and
the ballots are maintained and made available for public inspection in
accordance with the Public Records Act.
• While boards may adopt reasonable rules and policies to ensure orderly
conduct of meetings, the Sunshine Law does not allow board to ban
nondisruptive videotaping, tape recording, or photography at public
meetings.
Board meeting should be held in buildings that are open to the public.
This means that meetings should not be held in private homes.
The phrase "open to the public' means open to all who choose to attend.
Boards are not authorized to exclude some members of the public (i.e.
employees or vendors) from public meetings.
C. Penalties
Any member of a board or commission or of any state agency or authority
of a county, municipal corporation, or political subdivision who knowingly
violates the Sunshine Law is guilty of a misdemeanor of the second
degree. An unintentional violation may be prosecuted as a noncriminal
infraction resulting in a civil penalty up to $500.
The Sunshine Law provides that no resolution, rule, regulation or formal
action shall be considered binding except as taken or made at an open
meeting.
Recognizing that the Sunshine Law should be construed so as to frustrate
all evasive devices, the courts have held that action taken in violation of
the law was void ab initio.
• Where, however, a public board or commission does not merely
perfunctorily ratify or ceremoniously accept at a later open meeting those
decisions which were made at an earlier secret meeting but rather takes
"independent final action in the sunshine," the board's decision may stand.
PUBLIC RECORDS
A. Scope of Public Records Law
• Section 119.011(12), Florida Statutes, defines "public records" to include:
All documents, papers, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or their material, regardless
of the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connection with the transaction
of official business by any agency.
• The Florida Supreme Court has interpreted this definition to encompass all
materials made or received by an agency in connection with official
business which are used to perpetuate, communicate, or formalize
knowledge.
All such material, regardless of whether they are in final form, are open for
public inspection unless the Legislature has exempted them from
disclosure.
There is no "unfinished business" exception to the public inspection and
copying requirements of the Public Records Act. If the purpose of a
document prepared in connection with the official business of a public
agency is to perpetuate, communicate, or formalize knowledge, then it is
public record regardless of whether it is in final form or the ultimate
product of an agency.
Additional Resources
1. Office of Attorney General Pam Bondi www.mvfloridalegal.com
2. First Amendment Foundation www.floridafaf.org
3. Office of Governor Rick Scott — Open Government Office www.flgov.com
An overview of
ADA Transition Plans
TABLE OF CONTENTS
I INTRODUCTION..................................................................
Background.....................................................................
Applicability to Municipalities .........................................
Purpose of This Guide .....................................................
Focus..............................................................................
Contents of This Overview ...............................................
11 STEPS to Compliance ..............................................
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Overview........................................................................................................................................... 2
Step 1— Designating an ADA Coordinator..........................................................................................2
Step 2 — Providing Notice About the ADA Requirements....................................................................3
Step 3— Establishing a Grievance Procedure.....................................................................................3
Step 4— Development of Internal Standards, Specifications, and Design Details................................4
Step 5 —The ADA Transition Plan.......................................................................................................4
Step 6—Schedule and Budget for Improvements..............................................................................6
Step 7 — Monitoring the Progress...................................................................................................... 7
Conclusion to the Process.................................................................................................................7
Page i
I INTRODUCTION
BACKGROUND
The Americans with Disabilities Act (ADA) of 1990 is a civil rights statute (hereinafter referred to as the
Act) that prohibits discrimination against people who have disabilities. There are five separate Titles
(sections) of the Act relating to different aspects of potential discrimination. Title II of the Act specifically
addresses the subject of making public services and public transportation accessible to those with
disabilities. With the advent of the Act, designing and constructing facilities for public use that are not
accessible by people with disabilities constitutes discrimination.
The Act applies to all facilities, including both facilities built before and after 1990. As a necessary step
to a program access plan to provide accessibility under the ADA, state and local government, public
entities or agencies are required to perform self -evaluations of their current facilities, relative the
accessibility requirements of the ADA. The agencies are then required to develop a Program Access
Plan, which can be called a Transition Plan, to address any deficiencies. The Plan is intended to achieve
the following:
(1) identify physical obstacles that limit the accessibility of facilities to individuals with disabilities,
(2) describe the methods to be used to make the facilities accessible,
(3) provide a schedule for making the access modifications, and
(4) identify the public officials responsible for implementation of the Transition Plan.
The Plan is required to be updated periodically until all accessibility barriers are removed
APPLICABILITY TO MUNICIPALITIES
The requirements of the ADA apply to all public entities or agencies, no matter the size. The transition
plan formal procedures as outlined in 28 C.F.R. section 35.150 only govern those public entities with
more than 50 employees. The obligation to have some planning method to make facilities ADA -
accessible is required for all public entities. This includes municipalities and the extensive public
transportation systems that they manage. The development or updating of a Transition Plan is now an
ongoing activity or a goal at many municipalities. A principal challenge of this activity to municipalities,
as opposed to other government agencies that manage public facilities, is the need to cope with the
overall size and geographic extent of the public facilities that a municipality manages. These public
facilities can involve thousands of miles of public rights-of-way.
PURPOSE OF THIS GUIDE
The purpose of this guidance document is to ensure that good ideas, helpful information, and successful
practices concerning the development and updating of Transition Plans are recognized, recorded, and
shared among municipalities.
Page 1
Focus
ADA Transition Plans are required from all municipalities to cover all facilities under their control. This
includes rights-of-way, but also the buildings that may be owned by the municipality such as
administration offices, libraries, recreation centers, service centers, airport terminals, and other types of
buildings associated with transportation activities. The focus of this report is solely on municipality
managed pedestrian facilities in public rights-of-way. This typically includes sidewalks, pedestrian paths,
curb ramps, street crossings, driveway crossings, crosswalks, median crossings, public transit stops, and
pedestrian activated signal systems. The accessibility of pedestrian facilities in the public right-of-way is
only one aspect for providing equal access to state government programs, services, and activities — but it
is an aspect that affects many citizens in their daily activities.
CONTENTS OF THIS OVERVIEW
This report presents the process municipalities should follow in the development and updating of their
ADA Transition Plans.
II STEPS TO COMPLIANCE
OVERVIEW
The ideal scenario for meeting the requirements of the Act with regard to the accessibility of facilities in
the public right-of-way would involve the following steps:
(1) designating an ADA Coordinator,
(2) providing notice to the public about ADA requirements,
(3) establishing a grievance procedure,
(4) developing internal design standards, specifications, and details,
(5) assigning personnel for the development of a Transition Plan and completing it,
(6) approving a schedule and budget for the Transition Plan, and
(7) monitoring the progress on the implementation of the Transition Plan.
The following is an expansion on each of the requirements for this ideal scenario.
STEP 1— DESIGNATING AN ADA COORDINATOR
Each municipality must designate at least one responsible employee to coordinate ADA compliance.
The benefits of having an ADA Coordinator are that:
It makes it easier for members of the public to identify someone to help them with questions
and concerns about disability discrimination,
It provides a single source of information so questions by the municipality staff and from
outside the municipality can be answered quickly and consistently, and
It provides an individual who can focus on and who can be instrumental in moving compliance
plans forward.
Page 2
The person who is appointed to this position must be familiar with the municipality's operation, trained
in the requirements of the ADA and other laws pertaining to discrimination, and able to deal effectively
with local governments, advocacy groups, and the public. It is assumed that the coordinator is given
sufficient time free of other responsibilities to carryout the Coordinator's functions. Possible locations
for the position within a municipality are the Civil Rights Office, the Legal Department, the Planning
Department, or the Public Works Department.
STEP 2 — PROVIDING NOTICE ABOUT THE ADA REQUIREMENTS
A municipality must provide public notice about the rights of the public under the ADA and the
responsibility of the municipality under the ADA. Providing notice is not a one time requirement, but a
continuing responsibility. The audience of those who may have an interest in accessibility on municipal
facilities might include a large number of individual citizens that would be not being readily identifiable.
Groups that are likely to include the target audience include public transit users and advocacy groups. A
municipality has the responsibility to determine the most effective way to provide notice. A notice on a
municipality's website lends itself to both the requirement for wide notice and the requirement for
continuing notice. The website must in itself be accessible. The Department of Justice has provided a
model that could be followed by municipalities on their website. See "Notice under the Americans with
Disabilities Act" on their web page, http://www.ada.gov/pcatoolkit/`chap2toolkit.htm, for more
information.
Public Outreach Programs The opportunity for the disabled community and other interested
parties to participate in developing the Transition Plan is an integral part of the process. The
dissemination of information and requests for comments can take place through awareness
days, newsletters, and websites. The ability to comment must be linked with public access to
information databases. Possible sources of input to the Transition Plan are activists, advocacy
groups, general citizens, organizations that support the rights of the disabled, elected officials,
other agencies, a Governor's Committee on People with Disabilities or other such body, or a
state ombudsman. Comments can be obtained through comment forms at meetings,
transcriptions of meetings, a dedicated hotline, an e-mail address, ora postal address.
STEP 3 — ESTABLISHING A GRIEVANCE PROCEDURE
A municipality is required to adopt and publish procedures for resolving grievances arising under Title II
of the ADA. The procedures are intended to set out a system for resolving complaints of disability
discrimination in a prompt and fair manner. Complaints would typically be directed to the municipality's
Office of Civil Rights. It is generally thought that filing a complaint with a municipality is an appropriate
first step, in that it provides an opportunity to resolve a local issue at the local level. However, the
exhaustion of a municipality's grievance procedure is not a prerequisite to filing a complaint with either
a federal agency or a court. The Department of Justice has provided a model for municipalities to
follow. See "Grievance Procedure under the Americans with Disabilities Act" at
http://www.ada.g_ov/pcatoolkit/noticetooll<it.pdf for more information.
Page 3
STEP 4 — DEVELOPMENT OF INTERNAL STANDARDS, SPECIFICATIONS, AND DESIGN DETAILS
The Architectural and Transportation Barrier Compliance Board (alternatively called the Access Board)
has developed accessibility guidelines for pedestrian facilities in the public right-of-way. The Federal
Highway Administration has recognized these as its currently recommended best practices. A
municipality can adopt these accessibility guidelines into their own system of standards, specifications,
and design details with modifications to meet local conditions. Development of design standards and
design details within the municipality allows for consistency in the application of ADA requirements for
new facilities. See htt www.access-board. ov uidelines-and-standards streets -sidewalks ublic-
rights-of-way/proposed-rights-of-way-guidelines for more information.
STEP 5 — THE ADA TRANSITION PLAN
The Transition Plan (hereinafter referred to as the Plan) should consist of the following elements:
1. A List of Physical Barriers in the Municipality's Facilities that Limit Accessibility of Individuals
with Disabilities (the Self -Evaluation),
2. A Detailed Description of the Methods to Remove these Barriers and Make the Facilities
Accessible,
3. A Schedule for Taking the Necessary Steps,
4. The Name of the Official Responsible for Implementation,
5. A Schedule for Providing Curb Ramps, and
6. A Record of the Opportunity Given to the Disability Community and Other Interested Parties to
Participate in the Development of the Plan.
Periodic updates to the Transition Plan are required in order to ensure on-going compliance. Some of
these key steps are described further below.
The Self -Evaluation The first task involved in preparing an ADA Transition Plan is conducting an
inventory of existing physical barriers in the facilities operated by the municipality and listing all
the barriers that limit accessibility. This is often referred to as the self-evaluation process.
Possible inventory approaches are on -ground surveys, windshield surveys, aerial photo studies,
or drawing reviews. Deficiencies very likely to be found in an inventory of facilities are:
Page 4
SELF-EVALUATION CHECKLIST
ISSUE
POSSIBLE BARRIERS
Sidewalk and Pathway Clear Width
Narrow, Below Guidelines
Sidewalk and Pathway Cross Slope
Steepness, Irregularity, Variability, Warping
Landings Along Sidewalks and
Pathways
Less Than 4 feet by 4 feet
Sidewalk and Pathway Grade
Steepness, Angle Points
Materials and Finishes
Deterioration of Surfaces, Deterioration of Markings,
Appropriateness of material (ex. Cobblestones)
Gratings
Grating Type, Grate Opening Orientation
Discontinuities
Missing Sections, Gaps, Drops, Steps
Detectable Warning System
Missing, Inappropriate Materials, Inadequate Size, Wrong
Location
Obstructions
Signs, Mail Boxes, Fire Hydrants, Benches, Telephones, Traffic
Signal Poles, Traffic Signal Controller Boxes, Newspaper
Boxes, Drainage Structures, Tree Grates, Pole Mounted
Objects, Standing Water, Snow or Ice
Traffic Signal Systems
Lack of Provision for the Visually Impaired such as APS,
Inadequate Time Allowed, Inoperable Buttons, Inaccessible
Buttons
Curb Ramp
Missing, Doesn't Fall within Marked Crosswalk, Doesn't
Conform to Guidelines
Curb Ramp Flares
Missing Where Required, Too Steep
Standards set for each of these issues can be found in the US Architectural and Transportation Barriers
Compliance Board's "Proposed Guidelines for Pedestrian Facilities in the Public Right -of -Way'. Refer to
their website at http://www.access-board.gov/guidelines-and-standards/streets-sidewalks/public-
rights-of-way/proposed-rights-of-way-guidelines for more information.
The information developed through the inventory process has to be quantified and presented as a
baseline so that progress can be monitored and measured. The inventory information can be presented
in a variety of ways including Aerial Photos, a Database or Spreadsheet, Marked Up Drawings, or a
Geographic Information System (GIS).
Page 5
Self-evaluation also takes place after the Transition Plan is complete. Periodic reviews and updates to
the Plan must be conducted to ensure ongoing compliance with ADA requirements. Self-evaluation
activities would then consist of reviewing the Plan to determine the level of compliance, and determine
if any additional areas of upgrade are needed. If deficiencies are found, these are catalogued and the
Transition Plan updated to detail how and when the barriers to pedestrian access would be removed.
STEP 6— SCHEDULE AND BUDGET FOR IMPROVEMENTS
The Transition Plan should include a schedule of improvements to upgrade accessibility in each year
following the Transition Plan. Remediation work can be presented for an independent remediation
program or as an integral part of regularly scheduled maintenance and improvements project such as
Resurfacing Projects, Roadway Rehabilitation and Reconstruction Projects, and Signal System
Installation Projects. All new projects, regardless of funding sources, would include pedestrian elements
that are consistent with the ADA guidelines.
Funding Sources The most immediate source of funds for remediation efforts is the
incorporation of improvements into existing programmed remediation projects, incorporation
into programmed signalization projects, and incorporation into programmed maintenance work.
An accessibility improvement program could be developed as a stand alone project through the
Transportation Improvement Program. Potential sources of funding for accessibility
improvements also include the following:
o Congestion Mitigation/Air Quality Program,
o Highway Safety Improvement Program,
o National Highway System Improvements Program,
o Railway—Highway Crossing Program,
o Recreational Trail Program,
o Safe Routes to School Program,
o State and Community Traffic Safety Program,
o Surface Transportation Program, and
o Transportation Enhancement Activities Program.
Prioritization The prioritization of improvements that may not be included in an existing
programmed project can be based on a number of factors. Generally, priority should be given to
transportation facilities, public places, and places of employment. Other factors to consider
when prioritizing improvements may include:
o Citizen requests or complaints regarding inaccessible locations,
o Pedestrian level of service,
o Population density,
o Presence of a disabled population, and
o Cost.
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STEP 7 — MONITORING THE PROGRESS
In order to be effective, the Transition Plan needs to be utilized in yearly planning of projects and
funding decisions, and also needs to be periodically reviewed for compliance and validity. The
Transition Plan should be viewed as a "living document" and updated regularly to reflect changes in real
world conditions and to address any possible new areas of noncompliance. Changes to a sidewalk such
as the installation of a newspaper vending machine, or the relocation of a light pole, can create new
access problems that were not evident when the plan was drafted. Regular updates to the plan will also
result in monitoring compliance and the effectiveness of priorities set in the Plan itself.
CONCLUSION TO THE PROCESS
The ideal conclusion to the Transition Plan process is the elimination of the barriers listed in the
Transition Plan and the acceptance of the requirements of the Act as an everyday reality in all future
work going forward. Due to the magnitude of the task and the other priorities that a municipality faces,
the ideal scenario has not universally played out.
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Chapter 2
ADA Coordinator, Notice & Grievance
Procedure: Administrative Requirements
Under Title II of the ADA
In this section, you will learn about the administrative requirements of Title II of
the ADA, including the mandates to designate an ADA coordinator, give notice
about the ADA's requirements, and establish a grievance procedure. Questions
answered include:
■ If the local government has fewer than 50 employees, do different
requirements apply?
■ What are the responsibilities of an ADA Coordinator?
■ What are the benefits of having an ADA Coordinator?
■ What are the requirements for providing notice of the ADA's provisions?
■ How and where must you provide ADA notices?
■ What is a grievance procedure?
■ What must an ADA grievance procedure include?
A. Designating an ADA Coordinator
If a public entity has 50 or more employees, it is required to designate at least
one responsible employee to coordinate ADA compliance.' A government entity
may elect to have more than one ADA Coordinator. Although the law does not
refer to this person as an "ADA Coordinator," this term is commonly used in state
'Department of Justice Nondiscrimination on the Basis of State and Local
Government Services Regulations, 28 C.F.R. pt. 35, § 35.107(a) (2005). See
www.ada.gov/reg2.html for the complete text of the Department of Justice's Title
II regulation.
Chapter 2 ADA Coordinator, Notice & Grievance Procedure:
Administrative Requirements Under Title II of the ADA
(December 5, 2006) Page 1 of 11
and local governments across the country and will be used in this chapter,
The ADA Coordinator is responsible for coordinating the efforts of the
government entity to comply with Title II and investigating any complaints
that the entity has violated Title iI. The name, office address, and telephone
number of the ADA Coordinator must be provided to interested persons.
Benefits of an ADA
Coordinntnr
There are many benefits to
having a knowledgeable
ADA coordinator, even for
smaller public entities that
are not required to have
one.
For members of the public,
having an ADA Coordinator
makes it easy to identify
someone to help them with
questions and concerns
about disability
discrimination, For
example, the ADA
Coordinator is often the
main contact when
someone wishes to request
an auxiliary aid or service
for effective communication,
such as a sign language
interpreter or documents in
Braille. A knowledgeable
ADA Coordinator will be
able to efficiently assist
people with disabilities with
their questions. She or he
will also be responsible for
investigating complaints.
Common Question.
Which employees count?
if a local government or other public entity has
fewer than 50 employees, it is not required to
appoint an ADA Coordinator or establish
grievance procedures.
The number of employees is based on a
government -wide total, including employees of
each department, division, or other sub -unit.
Both part-time and full-time employees count.
Contractors are not counted as employees for
determining the number of employees.
For example: Jones City has 30 full-time
employees and 20 parttime employees. The
employees include ten police department
employees and eight fire department
employees,
Jones City must have an ADA Coordinator and
an ADA grievance procedure. The total
number of employees is 50 because both full-
time and part-time employees are counted. In
addition, the police and fire departments are
part of the city-wide employment pool, and the
requirements for an ADA Coordinator and an
ADA grievance procedure cover both of those
departments.
Having an ADA Coordinator also benefits state and local government entities. It
provides a specific contact person with knowledge and information about the
Chapter 2 ADA Coordinator, Notice & Grievance Procedure:
Administrative Requirements Under Title II of the ADA
(December 5, 2006) Page 2 of 11
ADA so that questions by staff can be answered efficiently and consistently. In
addition, she or he coordinates compliance measures and can be instrumental in
ensuring that compliance plans move forward. With the help of this Tool Kit,
ADA Coordinators can take the lead in auditing their state or local government's
programs, policies, activities, services, and facilities for ADA compliance.
An Effective ADA Coordinator
The regulations require state and local governments with 50 or more
employees to designate an employee responsible for coordinating
compliance with ADA requirements. Here are some of the qualifications
that help an ADA Coordinator to be effective:
■ familiarity with the state or local government's structure, activities,
and employees
■ knowledge of the ADA and other laws addressing the rights of
people with disabilities, such as Section 504 of the Rehabilitation
Act, 29 U.S.C. § 794
■ experience with people with a broad range of disabilities
■ knowledge of various alternative formats and alternative
technologies that enable people with disabilities to communicate,
participate, and perform tasks
■ ability to work cooperatively with the local government and people
with disabilities
■ familiarity with any local disability advocacy groups or other
disability groups
■ skills and training in negotiation and mediation
■ organizational and analytical skills
Chapter 2 ADA Coordinator, Notice & Grievance Procedure:
Administrative Requirements Under Title II of the ADA
(December 5, 2006) Page 3 of 11
B. Notice of the ADA's Provisions
The second administrative requirement is providing public notice about the ADA.'
There are three main considerations for providing notice:
1. Who is the target audience for the ADA notice?
2. What information shall the notice include?
3. Where and how should the notice be provided?
Regardless of Size, the ADA Notice Requirement Applies
The ADA notice requirement applies to ALL state and local governments
covered by title II, even localities with fewer than 50 employees.
1. Who is the
target audience for
the ADA notice?
The target audience
for public notice
includes applicants,
beneficiaries, and
other people
interested in the state
or local government's
programs, activities,
or services. The
audience is
expansive, and
includes everyone
who interacts — or
would potentially
interact — with the
state or local
government.
228 C.F.R. § 35.106.
Examples of the Target Audience
for the ADA Notice
■ a recipient of social services, food stamps, or
financial assistance provided by the state or
local government
■ an applicant for a public library card
■ a public transit user
■ a person who uses the county recreation
center
■ a grandmother attending her grandchild's high
school graduation in a city park
■ a member of a citizen's advisory committee
■ a recipient of a grant from the state or local
government
■ a citizen who wants to participate in a town
council meeting
■ a person adopting a dog from the local public
animal shelter
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Administrative Requirements Under Title II of the ADA
(December 5, 2006)
Page 4 of 11
2. What information shall the notice include?
The notice is required to include relevant information regarding Title II of the
ADA, and how it applies to the programs, services, and activities of the public
entity.
The notice should not be overwhelming. An effective notice states the basics
of what the ADA requires of the state or local government without being
too lengthy, legalistic, or complicated. It should include the name and
contact information of the ADA Coordinator.
This chapter contains a model "Notice Under the Americans with Disabilities Act"
created by the Department of Justice. It is a one page document in a standard
font, and includes brief statements about:
■ employment,
■ effective communication,
■ making reasonable modifications to policies and programs,
■ not placing surcharges on modifications or auxiliary aids and services, and
■ filing complaints.
The model notice is included at the end of this chapter.
3. How and where should the notice be provided?
It is the obligation of the head of the public entity to determine the most effective
way of providing notice to the public about their rights and the public entity's
responsibilities under the ADA.
Publishing and publicizing the ADA notice is not a one-time requirement. State
and local governments should provide the information on an ongoing basis,
whenever necessary. If you use the radio, newspaper, television, or mailings, re-
publish and re -broadcast the notice periodically.
The information must be presented so that it is accessible to all. Therefore,
it must be available in alternative formats.
Chapter 2 ADA Coordinator, Notice & Grievance Procedure:
Administrative Requirements Under Title II of the ADA
(December 5, 2006) Page 5 of 11
Some Ways to Provide
Notice to Interested Persons
■ Include the notice with job applications
■ Publish the notice periodically in local newspapers
■ Broadcast the notice in public service announcements
on local radio and television stations
■ Publish the notice on the government entity's website
(ensure that the website is accessible)
■ Post the notice at all facilities
■ Include the notice in program handbooks
■ Include the notice in activity schedules
■ Announce the notice at meetings of programs, services,
and activities
■ Publish the notice as a legal notice in local newspapers
■ Post the notice in bus shelters or other public transit
stops
Examples of Alternative Formats
■ Audio tape or other recordings
■ Radio announcements
■ Large print notice
■ Braille notice
■ Use of a qualified sign language
interpreter at meetings
■ Open or closed -captioned public
service announcements on
television
■ ASCII, HTML, or word processing
format on a computer diskette or CD
■ HTML format on an accessible
website
■ Advertisements in publications with
large print versions
Chapter 2 ADA Coordinator, Notice & Grievance Procedure:
Administrative Requirements Under Title II of the ADA
(December 5, 2006) Page 6 of 11
C. Establishing and Publishing Grievance Procedures
Local governments with 50 or more employees are required to adopt and publish
procedures for resolving grievances arising under Title II of the ADA .3 Grievance
procedures set out a system for resolving complaints of disability discrimination
in a prompt and fair manner.
Neither Title II nor its implementing regulations describe what ADA grievance
procedures must include. However, the Department of Justice has developed a
model grievance procedure that is included at the end of this chapter.
The grievance procedure should include:
■ a description of how and where a complaint under Title II may be filed with
the government entity;
■ if a written complaint is required, a statement notifying potential complainants
that alternative means of filing will be available to people with disabilities who
require such an alternative;
■ a description of the time frames and processes to be followed by the
complainant and the government entity;
■ information on how to appeal an adverse decision; and
■ a statement of how long complaint files will be retained.
Once a state or local government establishes a grievance procedure under the
ADA, it should be distributed to all agency heads. Post copies in public spaces
of public building and on the government's website. Update the procedure and
the contact information as necessary.
In addition, the procedure must be available in alternative formats so that it is
accessible to all people with disabilities.
328 C.F.R. § 35.107(b).
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Administrative Requirements Under Title II of the ADA
(December 5, 2006) Page 7 of 11
Common Question:
Complaint Filing
If a person with a disability has a complaint about a
public entity, is she or he required to file a complaint
with the public entity before filing a complaint with
the federal government?
No, the law does not require people who want to file an
ADA complaint against a public entity with the federal
government to file a complaint with the public entity first.
However, it is often more efficient to resolve local
problems at a local level.
D. Summing up: ADA Coordinator, Notice, and Grievance
Procedures
If a state or local government has fewer than 50 employees, it is required to:
■ adopt and distribute a public notice about the relevant provisions of the ADA
to all people who may be interested in its programs, activities, and services.
If a state or local government has 50 employees or more, it is required to:
■ adopt and distribute a public notice about the relevant provisions of the ADA
to all persons who may be interested in its programs, activities, and services;
■ designate at least one employee responsible for coordinating compliance with
the ADA and investigating ADA complaints; and
■ develop and publish grievance procedures to provide fair and prompt
resolution of complaints under Title II of the ADA at the local level.
These administrative requirements help ensure that the needs of people with
disabilities are addressed in the programs, activities, and services operated by a
public entity. Having these requirements in place will not prevent all problems,
but it will help you to address many questions and problems efficiently.
Chapter 2 ADA Coordinator, Notice & Grievance Procedure:
Administrative Requirements Under Title II of the ADA
(December 5, 2006) Page 8 of 11
NOTICE UNDER THE AMERICANS WITH0I' may-
DISABILITIES
In accordance with the requirements of Title 11 of the Americans with Disabilities Act of
1990 ("ADA"), [name of public entity] will not discriminate against qualified individuals
with disabilities on the basis of disability in its services, programs, or activities.
Employment: [Name ofpublic entity]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: [Name ofpublic entity]will generally, upon request, provide
appropriate aids and services leading to effective communication for qualified persons with
disabilities so they can participate equally in the [name of public entity's] programs,
services, and activities, including qualified sign language interpreters, documents in
Braille, and other ways of making information and communications accessible to people
who have speech, hearing, or vision impairments.
Modifications to Policies and Procedures: [Name of public entity] will make all
reasonable modifications to policies and programs to ensure that people with disabilities
have an equal opportunity to enjoy all of its programs, services, and activities. For
example, individuals with service animals are welcomed in [name of public entity]
offices, even where pets are generally prohibited.
Anyone who requires an auxiliary aid or service for effective communication, or a
modification of policies or procedures to participate in a program, service, or activity of
[name ofpublic entity], should contact the office of [name and contact information for
ADA Coordinator] as soon as possible but no later than 48 hours before the scheduled
event.
The ADA does not require [name of public entity] 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 [name ofpublic entity] is not accessible
to persons with disabilities should be directed to[nameand contact information forADA
Coordinator].
[Name of public entity] 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.
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Administrative Requirements Under Title II of the ADA
(December 5, 2006) Page 9 of 11
[Name of public entity]
Grievance Procedure Under
The Americans with Disabilities Act
This Grievance Procedure is established to meet the requirements of the Americans with
Disabilities Act of 1990 ("ADA"). 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,
programs, or benefits by the [name of public entity]. The [e.g., State, City, County,
Town -Ts Personnel Policy governs employment-related complaints of disability
discrimination.
The complaint should be in writing and contain information about the alleged
discrimination such as name, address, phone number of complainant and location, date,
and description of the problem. Alternative means of filing complaints, such as personal
interviews or a tape recording of the complaint, will be made available for persons with
disabilities upon request.
The complaint should be submitted by the grievant and/or his/her designee as soon as
possible but no later than 60 calendar days after the alleged violation to:
[Insert ADA Coordinator's name]
ADA Coordinator [and other title if appropriate]
[Insert ADA Coordinator's mailing address]
Within 15 calendar days after receipt of the complaint, [ADA Coordinator's name] or
[his/her] designee will meet with the complainant to discuss the complaint and the
possible resolutions. Within 15 calendar days of the meeting, [ADA Coordinator's
name] or [his/her] designee will respond in writing, and where appropriate, in a format
accessible to the complainant, such as large print, Braille, or audio tape. The response
will explain the position of the [name of public entity] and offer options for substantive
resolution of the complaint.
If the response by [name of ADA coordinator] or [his/her] designee does not
satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the
decision within 15 calendar days after receipt of the response to the [City Manager/
County Commissioner, or other appropriate high-level official] or [his/her] designee.
Within 15 calendar days after receipt of the appeal, the [City Manager/County
Commissioner/ other appropriate high-level official] or [his/her] designee will meet
with the complainant to discuss the complaint and possible resolutions. Within 15
calendar days after the meeting, the [City Manager/ County Commissioner/ other
appropriate high-level official] 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.
Chapter 2 ADA Coordinator, Notice & Grievance Procedure:
Administrative Requirements Under Title II of the ADA
(December 5, 2006) Page 10 of 11
All written complaints received by [name of ADA coordinator] or [his/her] designee,
appeals to the [City Manager/ County Commissioner/other appropriate high-level
official] or [his/her] designee, and responses from these two offices will be retained by
the [public entity] for at least three years.
Chapter 2 ADA Coordinator, Notice & Grievance Procedure:
Administrative Requirements Under Title II of the ADA
(December 5, 2000) Page 11 of 11