RESOLUTION NO. 2013-20
WHEREAS, the City of McCook, Nebraska has recognized the need to update and revise its policies in order to insure compliance of Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCCOOK, NEBRASKA:
THE CITY OF MCCOOK HEREBY ESTABLISHES THE FOLLOWING AS ITS REHABILITATION ACT/AMERICANS WITH DISABILITIES ACT POLICY STATEMENT AND ASSURANCES:
The City of McCook, Nebraska
Section 504 - Rehabilitation Act of 1973
Americans with Disabilities Act of 1990
The City of McCook will ensure that no qualified disabled individual shall, solely on the basis of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any of its programs, services, or activities as provided by Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (ADA). The City of McCook further ensures that every effort will be made to provide nondiscrimination in all of its programs or activities regardless of the funding source.
For our purposes, a disabled person is defined as any person who
Has a physical or mental impairment that substantially limits one or more major life activities,
Has a record of such an impairment, or
Is regarded as having such an impairment
Section 504 of the Rehabilitation Act of 1973, as amended, provides that “No otherwise qualified disabled individual in the United States, as defined in section 7(6), shall, solely by reason of his disability, be excluded for the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”
29 USC 794 (October 29, 1992 to the Rehabilitation Act of 1973) substitutes “a disability” for “handicaps” and “disability” for “handicap”.
49 CFR Part 27.13 (Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefitting from Federal Financial Assistance) states, “This part applies to each recipient of Federal financial assistance from the Department of Transportation and to each program or activity that receives or benefits from such assistance”.
49 CFR Part 28.102 (Enforcement of Nondiscrimination on the Basis of Disability in Programs or Activities Conducted by the Department of Transportation) states, “This part applies to all programs or activities conducted by the Department of Transportation except for programs and activities conducted outside the United States that do not involve individuals with disabilities in the United States.”
28 CFR Part 35 (Judicial Administration) states that, “The purpose of this part is to effectuate Subtitle A of Title II of the ADA which prohibits discrimination on the basis of disabilities by public entities”.
49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefitting from Federal Financial Assistance) states, “The purpose of this part is to carry out the intent of Section 504 of the Rehabilitation Act of 1973 (29 USC 794) as amended, to the end that no otherwise qualified disabled individual in the United States shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”
49 CFR Part 28.140 (Employment) states that, “(a) No qualified individual with disabilities shall, on the basis of disability, be subjected to discrimination in employment under any program or activity conducted by the Department,” and “(b) The definitions, requirements, and procedures of Section 504 of the Rehabilitation Act of 1973 (29 USC 791), as established by the Equal Employment Opportunity Commission in 29 CFR part 1613, shall apply to employment in federally conducted programs or activities.”
29 CFR Part 1613 (Equal Employment Opportunity in the Federal Government) states that, “It is the policy of the Government of the United States . . . to provide equal opportunity in employment for all persona to prohibit discrimination in employment because of race, color, religion, sex, or national origin and to promote the full realization of equal employment opportunity through a continuing affirmative program in each agency.”
42 USC Part 12101.12213 (The Americans with Disabilities Act of 1990) states that, “No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.”
The Public Works Director and the Deputy City Clerk of the City of McCook are designated as Co-Section 504 Compliance Coordinators and Co-ADA Coordinators for the City of McCook, Nebraska.
SECTION 504/ADA COORDINATOR RESPONSIBILITIES
The ADA/504 Coordinator is responsible for:
Monitoring the LPAs current policies and practices for implementing ADA/504
Identifying shortcomings in compliance and developing remedies
Evaluating remedial steps taken to eliminate the effects of discrimination
Monitoring complaint procedures that incorporate appropriate due process standards and providing for prompt and equitable resolutions of complaints alleging an action prohibited by ADA/504
Processing the disposition of complaints filed under ADA/504
Ensuring agency compliance with ADA/504
Collaborating and coordinating with the heads of major divisions and departments to enable ADA/504 compliance efforts
Establishing and maintaining collaborative relationships with critical external stakeholders, such as disability advocacy groups and organizations.
Monitoring the agency’s ADA/504 Transition Plan to ensure that all department facilities remain in compliance with applicable accessibility standards.
Monitoring established procedures to ensure that requested auxiliary aids are provided for persons
Conducting annual reviews of ADA/504 program areas.
Conducting ADA/504 training programs for managers and employees
Preparing a report of ADA/504 accomplishments and problem areas for the NDOR Annual Report to FHWA
Monitoring the preparation of ADA/504 information for dissemination to the general public, including the “Notice to the Public” offer to provide reasonable accommodation, upon request.
Identifying, investigating, and eliminating ADA/504 discrimination when found to exist.
SECTION 504/ADA NOTICE TO PUBLIC
The City of McCook does not discriminate on the basis of disability in admission of its programs, services, or activities, in access to them, in treatment of individuals with disabilities, or in any aspect of their operations. The City of McCook also does not discriminate on the basis of disability in its hiring or employment practices.
This notice is provided as required by Title II of the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973. Questions, complaints, or requests for additional information or accommodation regarding the ADA and Section 504 may be forwarded to the designated ADA and Section 504 compliance coordinator:
Title: City of McCook, Director of Public Works
Phone Number (Voice/TDD): 308-345-2022
Office Address: 505 West "C" Street, PO Box 1059, McCook NE 69001-1059
Days/Hours Available: 7:30 A.M. - 4:30 P.M.
Title: City of McCook, Deputy City Clerk
Phone Number (Voice/TDD): 308-345-2022
Office Address: 302 West "C" Street, PO Box 1059, McCook NE 69001-1059
Days/Hours Available: 7:30 A.M. - 4:30 P.M.
SECTION 504/ADA SELF-EVALUATION
Self-evaluations have been completed by the City of McCook in 1984, 1999, and again in 2002. This process included an evaluation of both physical barriers and a review of policies with regards to ADA.
SECTION 504/ADA TRANSITION PLAN
Our facilities, when feasible, have been updated to ADA standards. The City currently operates out of a number of older buildings making it unfeasible to meet current guidelines. In 2010, citizens of McCook voted for a bond issue to construct a new Police and Fire station and new administration offices. Construction of this new facility will make all three departments ADA accessible. The facility was completed in January 2013.
When reconstruction or maintenance is needed on street corners, ADA ramps are installed.
Funding has been received from the McCook Library Foundation for the installation of an elevator in the Public Library so that the basement is easily accessible to all. This project is scheduled for completion by December 2013.
Members of the public can request an accommodation in the following manners:
Phone the city offices at (308)345-2022
The City of McCook's website, www.cityofmccook.com, has a "Report a Concern" tab that can be utilized for requesting accommodations.
The City of McCook includes in their meeting publications the following language:
"Individuals with disabilities may request auxiliary aids and services necessary for participation by contacting the City Clerk's office".
The City of McCook, Nebraska, adopts the following internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Equal Employment Opportunity Commission (EEOC) regulations implementing Title I of the Americans with disabilities Act (ADA) and the U.S. Department of Justice regulations implementing Title II of the Americans With Disabilities Act (ADA). Title I of the Americans With Disabilities Act (ADA) states that "no covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment." Title II of the Americans With Disabilities Act (ADA) states that "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity."
Complaints should be addressed to: ADA Coordinator, City of McCook, P.O. Box 1059, McCook, NE 69001. The telephone number is 308-345-2022. The ADA Coordinator has been designated to coordinate Americans With Disabilities Act (ADA) compliance efforts. He or she shall maintain the files and records of the City relating to the complaints filed and ensuing investigations.
A complaint may be filed either in writing or verbally. It shall consist of the name and address of the person filing it, or on whose behalf it is filed, and a brief description of the alleged violation of the Americans With Disabilities Act (ADA) regulations. A complaint shall be filed within twenty (20) calendar days after the complainant becomes aware of alleged violation.
An investigation, as may be appropriate, shall follow the filing of a complaint. The investigation shall be commenced by the ADA Coordinator, or the designee of the ADA Coordinator, within ten (10) calendar days following the filing of complaint. The investigation will be informal but thorough, affording all interested persons and their representatives, if any, an opportunity to submit information relevant to such investigation.
A written determination as to the validity of the complaint and a resolution of the complaint, if any, shall be issued by the ADA Coordinator and a written copy mailed to the complainant within thirty (30) calendar days following the filing of the complaint.
The complainant may request a reconsideration of the case determination of the ADA Coordinator in instances where he or she is dissatisfied with the resolution. The request for reconsideration shall be made within ten (10) calendar days following the date the complainant receives the determination of the ADA Coordinator. The request for reconsideration shall be made to the City Manager, City of McCook, P.O. Box 1059, McCook, NE 69001. The telephone number is 308-345-2022. The City Manager shall review the records of said complaint and may conduct further investigation when necessary to obtain additional relevant information. The City Manager shall issue his or her decision on the request for reconsideration within twenty (20) calendar days of the filing of the request for reconsideration. A copy of said decision shall be mailed to the complainant. The decision of the City Manager is final.
The complainant's right to prompt and equitable resolution of the complaint must not be impaired by his or her pursuit of other remedies, such as the filing of a complaint with the U.S. Department of Justice or any other appropriate federal agency. Furthermore, the filing of a lawsuit in sate or federal district court can occur at any time. The use of this grievance procedure is not a prerequisite to the pursuit of other remedies.
These rules shall be construed to:
protect the substantive rights of interested persons,
meet appropriate due process standards, and,
comply with the ADA and implementing regulations.
REASONABLE ACCOMMODATION PROCEDURES
The City of McCook, Nebraska, does not discriminate on the basis of race, color, national origin, sex, religion, age, marital status, or disability in employment or the provision of services. It is the intent of the City to guarantee disabled persons equal opportunity to participate in or enjoy the benefits of City services, programs, or activities, and to allow disabled employees a bias free work environment. The City, upon request, will provide reasonable accommodation in compliance with the Americans With Disabilities Act (ADA).
The City of McCook, Nebraska, is committed to creating an environment in which facilities for public meetings and general public use are accessible. Furthermore, the City will provide auxiliary aids and services if necessary, and if such reasonable accommodation can be provided without undue hardship to the City. Disabled persons may request the auxiliary aids or services of their choice, which will be given primary consideration. Communication of accessibility will be included in City publicity announcements.
The City has a commitment to ensure equal opportunities for disabled City employees. Every reasonable effort will be made to provide an accessible work environment and additional accommodations, including auxiliary aids and services. Employment practices (e.g. hiring, training, testing, transfer, promotion, compensation, benefits, termination, etc.) will be administered in such manner as to not promote discrimination of disabled employees. Detailed policies and procedures regarding employment practices are contained in the City's Employee Handbook.
Recruitment and selection processes will grant equal opportunity for employment to qualified applicants and will not discriminate on the basis of disability. Reasonable accommodation will be provided upon request during an application/interview process.
The City is also committed to ensure equal opportunity for disabled persons to participate on boards and commissions. Board and commission meetings will be held in accessible locations, requested auxiliary aids will be provided, and accommodation provided during the selection process of board and commission members. Through the recruitment process, the City will actively seek and invite the participation of Board and commission members who are disabled.
All future construction and major renovation of City owned buildings and facilities will be carried out in accordance with Section 504 and with ADA Accessibility Guidelines (ADAAG).
In the event citizens, employees, or other participants in the City's programs, services, and activities feel the City has violated their rights under the ADA, this policy provides a grievance procedure for handling such complaints.
City staff will be trained to ensure that disabled persons may participate in and benefit from City programs, services, and activities.
Pursuant to the requirements of Section 504 of the Rehabilitation Act of 1973 (29 USC 794), the City of McCook, desiring to avail itself of federal financial assistance from the US Department of Transportation, hereby gives assurance that no qualified disabled person shall, solely by reason of his disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination, including discrimination in employment, under any program or activity that receives or benefits from this federal financial assistance.
The City of McCook further assures that its programs will be conducted, and its facilities operated, in compliance with all requirements imposed by or pursuant to 49 CFR Part 27, 28 CFR Part 35 and 42 USC 12101.12213.
This Resolution shall supersede and replace Resolution No. 99-10.
PASSED AND APPROVED this 17th day of March, 2013.
-s- Dennis Berry, Mayor
-s- Lea Ann Doak, City Clerk