ADA Transition Plan
NOTICE OF NONDISCRIMINATION
As required by Section 504 of the Rehabilitation Act (as amended) and the Americans with Disabilities Act (ADA), Towner County has adopted by resolution a policy regarding “Nondiscrimination on the Basis of Disability”
Towner County does not discriminate on the basis of disability in the admission to, access to, or operations of programs, services or activities.
Qualified individuals who need accessible communication aids and services or other accommodations to participate in programs and activities are invited to make you needs and preferences known to the 504/ADA coordinator. Please give us a least three to five day’s advance notice so we adequately meet your needs.
An internal grievance procedure is available to resolve complaints. Questions, concerns, or requests for additional information regarding 504/ADA should be forwarded to:
PO Box 603
Cando, ND 58324
(701)968-4340 ext. 1
Hours available 8:30 am – 5:00 pm Monday-Friday
Upon request, this notice and other materials may be made available in alternative formats (for example, large print or audio tape) from the 504/ADA coordinator.
POLICY REGARDING NONDISCRIMINATION
ON THE BASIS OF DISABILITY
A resolution of the County of Towner, North Dakota adopting a policy of nondiscrimination on the basis of disability.
Whereas, the Congress of the United States has passed Section 504 of the Rehabilitation Act of 1973, which requires that “no otherwise qualified individual with a disability shall, solely on the basis of his or her disability, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program, services or activities receiving federal assistance”, and
Whereas, the County of Towner has applied for and received Federal funds and is required to comply with Section 504 of the Rehabilitation Act of 1973; and
Whereas, the failure to comply with the terms and conditions of Section 504 of the Rehabilitation Act may cause the County to lose its grant or eligibility for future grants;
Now, therefore, be it resolved by the Commissioners of Towner County, North Dakota the following:
Section I. It is the policy of the County that all programs and activities shall be accessible to, and usable by, qualified persons with disabilities, in accordance with Section 504 and the Americans with Disabilities Act (ADA).
Section II. That the County shall conduct a Self-Evaluation, with the assistance of a review committee involving individuals with disabilities, or its programs, policies, procedures, and facilities to determine those areas where discrimination may occur.
Section III. The County shall, upon completion of the Self-Evaluation plan, make revisions, modifications, or other changes so as to fully comply with the letter and intent of Section 504 and the ADA.
Section IV. Further, the County shall, where building modifications are required, develop and implement a Transition Plan for eliminating structural barriers in a timely manner in accordance with Section 504 and the ADA.
Citizens may contact Joni Morlock at 315 2nd Street, Cando, ND, 701-968-4340 for assistance, or to answer question regarding this policy during the hours of 8:30 a.m. - 5:00 p.m.
Passed by the County of Towner, North Dakota.
Signed By __________________________________ Title______________________________
Attest ______________________________________ Date______________________________
GRIEVANCE PROCEDURE FOR
The following grievance procedure is established to meet the requirements of Section 504 of the Rehabilitation Act as amended and the Americas with Disabilities Act of 1990 (ADA).
According to these laws, Towner County certifies that all citizens shall have the right to submit a grievance on the basis of disability in policies or practices regarding employment, services, activities, facilities, or benefits provided by Towner County.
When filing a grievance, citizens must provide detailed information to allow an investigation, including the date, location and description of the problem. The grievance must be in writing and must include the name, address and telephone number of the complainant. Upon request, alternative means of filing complaints, such as personal interviews or a tape recording, will be made available for individuals with disabilities. The complaint should be submitted by the complainant or his/her designee as soon as possible, but no later than 90 days after the alleged violation. Complaints must be signed and sent to:
Joni Morlock, ADA Coordinator
315 2nd Street
PO Box 603
Cando, ND 58324
(701)968-4340 ext. 2001
Within 15 calendar days after receiving the complaint, the ADA Coordinator will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting the ADAD Coordinator will respond in writing. Where appropriate, the response shall be in a format accessible to the complainant (such as large print or audio tape). The response will explain the position of Towner County and offer options for resolving the complaint.
If the response by the DAD Coordinator does not satisfactorily resolve the issue, the complainant or his/her designee may appeal the decision of the 504 ADA coordinator. Appeals must be made within 15 calendar days after receipt of the response. Appeals must be directed to the Chairman of the Towner County Board of Commissioners.
Within 15 calendar days after receiving the appeal, the Towner County Commissioner Board Chairman will meet with the complainant to discuss the complaint and to discuss possible resolutions. Within 15 calendar days after the meeting, the Towner County Commissioner Board Chairman will provide a response in writing. Where appropriate, the response shall be in a format accessible to the complainant. The response shall be accompanied by a final resolution of the complaint. The ADA Coordinator shall maintain the files and records of Towner County pertaining to the complaints filed for a period of three years after the grant is closed out.
Other Complaint Procedures
All individuals have a right to a prompt and equitable resolution. Individuals or classes of individuals who believe they have been subjected to discrimination based on disability have several ways to file a grievance:
Use the grievance procedure provided by the public entity.
File a complaint with any agency that provides funding to the public entity.
File with one of the eight federal agencies designated in the Title II ADA regulations.
Under Title II, filing a grievance with the public entity’s ADA coordinator, filing a complaint with a federal agency, or filing a lawsuit may be done independently of the others. Individuals are not required to file either a grievance or complaint to bring a lawsuit. Lawsuits may be filed at any time. The following are four of the eight agencies where a Title II complaint can be filed:
Department of Justice (DOJ)
Coordination and Review Section
Civil Rights Division
PO Box 66118
Washington, DC 20035-6118
Assistant Secretary for Fair Housing and Equal Opportunity
Department of Housing and Urban Development (HUD)
451 7th Street SW, Room 5100
Washington, DC 20410
Office for Civil Rights
Department of Education
330 C Street SW, Suite 5000
Washington, DC 20202
Office for Civil Rights
Department of Health and Human Services
330 Independence Avenue SW
Washington, DC 20201