Americans with Disabilities Act
Introduction
The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990 and provides civil rights protection to disabled individuals, guaranteeing equal opportunities in:
- Employment
- Public accommodations
- State and local government services
- Telecommunications
- Transportation
Congress enacted this law to provide a "clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities." Title II of the ADA requires all state and local public agencies that receive federal funding or have more than 50 employees to complete a self-evaluation and corresponding Transition Plan, establish an ADA Coordinator and adopt grievance procedures for discrimination against qualified individuals with disabilities.
Transition Plan & Self-Evaluation
The Spencer County Board of Commissioners adopted an updated limited ADA Transition Plan on September 6, 2016. The Spencer County Board of Commissioners will adopt a complete ADA Transition Plan by December 2017 which will include a comprehensive self-evaluation of all county buildings and facilities to determine the extent to which individuals with disabilities may be restricted from access to county facilities. Spencer County will continue to work toward compliance by evaluating the barriers identified in this plan, developing a schedule to eliminate those barriers contingent upon available funding, and periodically updating the plan showing progress toward compliance.
Public Viewing & Involvement Opportunities
Spencer County's ADA Transition Plan is available for public viewing on this website and in the Auditor’s Office at the Spencer County Courthouse. Anyone that would like to comment on the Transition Plan can submit their comments to the ADA Coordinator listed. Public comment opportunities are also available during regularly scheduled Commissioners' meetings.
Grievance Policy
Spencer County has created a Grievance Policy to assist individuals who believe they have been discriminated against based on their disability.
Title 6 Nondiscrimination
Introduction
Title 6 of the Civil Rights Act of 1964 (Title VI), as amended, prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance. The Civil Rights Restoration Act of 1987 clarified and restored the intent of Title 6 by specifying that recipients of Federal funds must comply with civil rights in all areas, not just in the particular program or activity that received Federal funding. As a recipient of Federal aid from the Federal Highway Administration (FHWA) and Indiana Department of Transportation (INDOT), Spencer County's responsibilities are to have, adhere to, and update annually, a Title 6 Implementation Plan, to have a Title 6 Coordinator, and to have a complaint procedure for discrimination against qualified individuals.
Implementation Plan & Policy
Spencer County values each individual's civil rights and wishes to provide equal opportunity and equitable services for the citizens of Spencer County. As a continual and ongoing effort to comply with Title VI and all related statutes, regulations, and directives as required by FHWA and INDOT, the Spencer County Board of Commissioners approved a Title VI Implementation Plan and Policy on December 20, 2016. This plan will continue to be updated periodically to show progress toward compliance.
Complaint Process
As a part of the new Title 6 Implementation Plan and Policy, Spencer County will create a Title 6 Complaint Process to assist individuals who believe they have been subjected to discrimination. Once this plan has been adopted information about the Title 6 Complaint Process will be made available on this website.
- ADA Complaint & Grievance Procedure
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 Spencer County. Spencer County's Personnel Policy governs employment- related complaints of disability discrimination.
File a Complaint
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.
Submit the Complaint
The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 180 calendar days after the alleged violation to:
Kay Erwin, ADA Coordinator
200 Main Street, Room 6
Rockport, IN 47635Complaint Response
Within 15 calendar days after receipt of the complaint, Phil Brown or his designee will arrange to meet with the complainant to discuss the complaint and the possible resolutions. Within 21 calendar days of the meeting, Kay Erwin 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 Spencer County and offer options for substantive resolution of the complaint.
Appeal the Decision
If the response by Kay Erwin 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 County Commissioners or their designee.
Within 15 calendar days after receipt of the appeal, the County Commissioners or their designee will arrange to meet with the complainant to discuss the complaint and possible resolutions. Within 21 calendar days after the meeting, the 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.
Federal Appeal
If the complainant or respondent is not satisfied with the results of the investigation of the alleged discriminatory practice(s), he or she shall be advised of their rights to appeal Spencer County’s decision to INDOT, Federal Transit Administration, U.S. Department of Transportation or U.S. Department of Justice. The complainant has 180 calendar days after the appropriate County’s final resolution to appeal to USDOT.
Complaint Retention
All written complaints received by Kay Erwin or his designee, appeals to the County Commissioners or their designee, and responses from these two offices will be retained by Spencer County for at least three years.
Form
- ADA Transition Plan
View the limited ADA Transition Plan (PDF) that was updated and adopted by the Board of Commissioners on September 6, 2016. Spencer County has formed a work group that is actively working on completing comprehensive self-evaluations of all county buildings and facilities that will be incorporated into the ADA Transition Plan by December, 2017. The self-evaluations of all county buildings and facilities will help the County to determine the extent to which individuals with disabilities may be restricted from access to county facilities. Spencer County will continue to work toward compliance by evaluating the barriers identified in this plan, developing a schedule to eliminate those barriers contingent upon available funding, and periodically updating the plan showing progress toward compliance.
The Plan
Quick Links
- Notice Under the Americans with Disabilities Act
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), Spencer County will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities.
Employment
Spencer 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
Spencer 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 Spencer County’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 & Procedures
Spencer 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 Spencer County offices, even where pets are generally prohibited.
Auxiliary Aid or Service for Effective Communication
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 Spencer County, should contact the office of Kay Erwin, ADA Coordinator, at 812-649-4376 as soon as possible but no later than 3 business days before the scheduled event.
The ADA does not require Spencer 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
Complaints that a program, service, or activity of Spencer County is not accessible to persons with disabilities should be directed to Kay Erwin, ADA Coordinator, at 812-649-4376.
No Surcharges
Spencer 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.
- Title VI Complaint Policy & Form
Any person who believes that he or she as a member of a protected class, has been discriminated against based on race, color, national origin, gender, age, disability, religion, low income status, or Limited English Proficiency in violation of Title 6 of the Civil Rights Act of 1964, as amended and its related statutes, regulations and directives, Section 504 of the Vocational Rehabilitation Act of 1973, Americans with Disabilities Act ( ADA ) of 1990, as amended, the Civil Rights Restoration Act of 1987, as amended, and any other Federal nondiscrimination statute may submit a complaint. A complaint may also be submitted by a representative on behalf of such a person.
Investigation
It is the policy of Spencer County to conduct a prompt and impartial investigation of all allegations of discrimination and to take prompt effective corrective action when a claim of discrimination is substantiated.
No one may intimidate, threaten, coerce or engage in other discriminatory conduct against anyone because they have taken action or participated in an action to secure rights protected by the civil rights laws. Any individual alleging such harassment or intimidation may submit a complaint by following these procedures.
Submit Complaint
Any individual who feels that he or she has been discriminated against may submit a written or verbal complaint. The complaint may be communicated to any County supervisor or to the ADA /Title 6 Coordinator. The complaint should be submitted within 180 days of the alleged discrimination. Complaint forms may be found in the County Auditor’s office and the County website. Individuals are not required to use the County’s complaint form. If necessary, the County will help an individual reduce his or her complaint to writing for his or her signature.
Generally a complaint should include the name, address and telephone number of the individual complaining (complainant) and a brief description of the alleged discriminatory conduct including the date of harm. An individual submitting a complaint alleging discrimination may include any relevant evidence, including the names of witnesses and supporting documentation.
Review Complaint
Within 30 days of receipt of the complaint, the Title 6 Coordinator will review the complaint and determine jurisdiction. If Spencer County has sufficient jurisdiction, the Title 6 Coordinator or their designee will conduct an investigation if the allegation based on the information provided and issue a written report of its findings to the complainant. The County will attempt to obtain an informal voluntary resolution to all complaints at the lowest level possible.
A complainant’s identity shall be kept confidential except to the extent necessary to conduct an investigation. All complaints shall be kept confidential.
These procedures do not deny the right of any individual to file a formal complaint with any government agency or affect an individual’s right to seek private counsel for any complaint alleging discrimination.
File Complaints with Government Agencies
Complaints may also be filed with the following government agencies:
- Indiana Department of Transportation Economic Opportunity Division
100 N Senate, Room N750
Indianapolis, IN 46204
Phone: (317) 233-6511
Fax: (317) 233-0891 - Indianapolis District EEOC Office
101 West Ohio Street, Suite 1900
Indianapolis, IN 46204
Phone: (800) 669-4000
Fax: (317) 226-7953
TTY : (800) 669-6820 - Indiana Civil Rights Commission
100 N Senate Avenue, Room N103
Indianapolis, IN 46204
Toll Free: (800) 628-2909
Phone: (317) 232-2600
Fax: (317) 232-6560
Hearing Impaired: (800) 743-3336
- Indiana Department of Transportation Economic Opportunity Division
- Title 6 Plan & Nondiscrimination Agreement
Spencer County values each individual's civil rights and wishes to provide equal opportunity and equitable services for the citizens of Spencer County. As a continual and ongoing effort to comply with Title 6 and all related statutes, regulations, and directives as required by FHWA and INDOT, the Spencer County Board of Commissioners approved a Title 6 Implementation Plan and Policy (PDF) on December 20, 2016. This plan will continue to be updated periodically to show progress toward compliance.
Documents