RESOLUTION #18-05-08-01

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF NEW CARLISLE, 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 Town of New Carlisle shall name an ADA Coordinator; and

WHEREAS, in compliance with Title II of the ADS the Town of New Carlisle 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 Town of New Carlisle shall publish notice to the public regarding the ADA;

WHEREAS, in compliance with Title II of the ADA the Town of New Carlisle shall post the ADA coordinator’s name, office address, and telephone number along with the ADA Notice and ADA grievance procedure on its website.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF NEW CARLISLE, INDIANA:

Jerry Cooper, Dept. of Public Works, of the Town of New Carlisle is designated as the ADA Coordinator for the Town of New Carlisle.

The Notice under the Americans with Disabilities Act, a copy of which is attached hereto, is adopted as the Town of New Carlisle Notice under the Americans with Disabilities Act.

The Town of New Carlisle 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 Town of New Carlisle.

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

NOTICE UNDER THE AMERICANS
WITH DISABILITIES ACT

In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 (“ADA”), the Town of New Carlisle will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities.

Employment: The Town of New Carlisle 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:   The Town of New Carlisle is committed to providing all citizens with the opportunity to participate fully in the public process as well as in our programs, services, and activities. As we strive to be open, ensure access, and encourage involvement, the Town will, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities.

Modifications to Policies and Procedures: The Town of New Carlisle 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 Town of New Carlisle 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 the Town of New Carlisle, should contact the department responsible for the program or the ADA Coordinator, Jerry Cooper, Dept. of Public Works, 124 E. Michigan Street, PO Box 6, New Carlisle, IN 46552, (574) 654-3733 as soon as possible but no later than two business days before the scheduled event.

While the Town of New Carlisle works very hard to meet the needs of all, the ADA does not require the Town of New Carlisle 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 the Town of New Carlisle is not accessible to persons with disabilities should be directed to Jerry Cooper, Dept. of Public Works, 124 E. Michigan Street, PO Box 6, New Carlisle, IN 46552, (574) 654-3733. 

The Town of New Carlisle 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.

 

Town of New Carlisle
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 Town of New Carlisle.  The Town’s 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:

Jerry Cooper
ADA Coordinator
P.O. Box 6
New Carlisle, IN 46552

Within 15 calendar days after receipt of the complaint, Jerry Cooper or his designee will meet with the complainant to discuss the complaint and the possible resolutions.  Within 15 calendar days of the meeting, Jerry Cooper 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 Town of New Carlisle and offer options for substantive resolution of the complaint.

If the response by Jerry Cooper 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 Town Council President or his/her designee.

Within 15 calendar days after receipt of the appeal, the Town Council President or his/her designee will meet with the complainant to discuss the complaint and possible resolutions.  Within 15 calendar days after the meeting, the Town Council President 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 Jerry Cooper or his designee, appeals to the Town Council President or his/her designee, and responses from these two offices will be retained by the Town of New Carlisle for at least three years.