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Noble County ADA Procedures

RESOLUTION 2012-05

A Joint Resolution of the County Council
And Commissioners of Noble County, Indiana
Adopting the Americans with Disabilities Act (ADA)
ADA Coordinator and Procedures

WHEREAS, the Federal government enacted the Americans with Disabilities Act of 1990 (ADA) to prevent discrimination of the physically and mentally disabled relating to employment and access to public facilities; and

WHEREAS, in compliance with Title II of the ADA the Noble County shall name an ADA Coordinator; and

WHEREAS, in compliance with Title II of the ADA the Noble County shall adopt a grievance procedure for resolving complaints alleging violation of Title II of the ADA; and

WHEREAS, in compliance with Title II of the ADA the Noble County shall publish notice to the public regarding the ADA;

WHEREAS, in compliance with Title II of the ADA the Noble County shall post the ADA coordinator’s name, office address, and telephone number along with the ADA Notice and ADA grievance procedure detailed below.

NOW, THEREFORE, BE IT RESOLVED by the County Council and Commissioners of Noble County, Indiana:

The Noble County Commissioner,  is designated as the ADA Coordinator for the County.

The Notice under the Americans with Disabilities Act, a copy of which is posted to the County’s website, is adopted as the Noble County Notice under the Americans with Disabilities Act.

The Noble County ADA Grievance Procedure under the Americans with Disabilities Act, a copy of which is attached hereto, is adopted as the grievance procedure for addressing complaints alleging discrimination on the basis of disability in the provision of services, activities, programs or benefits by the Noble County.

In compliance with Federal and State laws as set forth above, the County resolves to post the required information regarding the ADA coordinator, Notice under the Americans with Disabilities Act, and Noble County Grievance Procedure under the Americans with Disabilities Act on its website and at such other locations as may be determined from time to time.

PASSED, APPROVED AND ADOPTED this 3rd day of December, 2012.

[Name], [Title]

_____________________________________

Non-discrimination Notice

In accordance with the requirements of title II of the Americans with Disabilities Act of 1990 ("ADA"), Noble County will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities.

Employment: Noble 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: Noble County will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in Noble County 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: Noble County 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 Noble County 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 Noble County, should contact the office of  ADA Coordinator Zack Smith at 260-636-7877, fax 260-636-4001 or e-mail zack.smith@nobleco.gov as soon as possible but no later than 48 hours before the scheduled event.

The ADA does not require the Noble 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 Noble County is not accessible to persons with disabilities should be directed to ADA Coordinator Zack Smith at 260-636-7877, fax 260-636-4001 or e-mail zack.smith@nobleco.gov.

Noble 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.

Grievance Procedure under
The Americans with Disabilities Act

Noble County, Indiana

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 Noble County.  The Noble County 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:

ADA Coordinator Zack Smith
109 N. York Street
Albion, IN  46701
Phone 260-636-7877
Fax       260-636-4001
E-mail  zack.smith@nobleco.gov

Within 15 calendar days after receipt of the complaint, Zack Smith or his designee will meet with the complainant to discuss the complaint and the possible resolutions.  Within 15 calendar days of the meeting, Zack Smith or his 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 Noble County and offer options for substantive resolution of the complaint.

If the response by Zack Smith or his 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 Noble County Commissioners or their designee.

Within 15 calendar days after receipt of the appeal, the Noble County Commissioners or their designee will meet with the complainant to discuss the complaint and possible resolutions.  Within 15 calendar days after the meeting, the Noble County Commissioners or their 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 Zack Smith or his designee, appeals to the Noble County Commissioners or their designee, and responses from these two offices will be retained by Noble County for at least three years

ADA Transition Plan

Appendix A - Sidewalk Assessment

Appendix B - ADA Projects