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HomeMy WebLinkAboutExecutive Order SF-2024-17 - Rescind JB-2012-03, Update City of Carmel ADA Transition Plan CITY OF CARMEL, INDIANA EXECUTIVE ORDER SF 2024-17 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 City of Carmel shall name an ADA Coordinator; and WHEREAS, in compliance with Title II of the ADA, the City of Carmel 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 City of Carmel shall publish notice to the public regarding the ADA; and WHEREAS, in compliance with Title II of the ADA the City of Carmel, Indiana, shall post the ADA coordinator's name, office address, and telephone number along with the ADA Notice and ADA grievance procedure on its website; and WHEREAS, Executive Order JB-2012-03 was issued on December 20, 2012, naming David Littlejohn as the ADA coordinator for the City of Carmel, Indiana, and adopting City of Carmel ADA Transition Plan,that provided the City of Carmel's grievance procedure required under Title II of the ADA; and WHEREAS, it is now necessary to update the City of Carmel ADA Transition Plan. NOW, THEREFORE, by virtue of the power and authority granted to me as Mayor of the City of Carmel, Indiana, I, Sue Finkam, do hereby declare and order that, the prior Executive Order JB-2012-03 is hereby rescinded, and the following provisions shall be effective on and after May 13 , 2024: 1. David Littlejohn is the ADA coordinator for the City of Carmel, Indiana; and 2. The attached updated City of Carmel ADA Transition Plan,which provides the City of Carmel's grievance procedure required under Title II of the ADA, is hereby adopted. SO ORDERED THIS I 3 DAY OF MAY 2024. Sue inks , Mayor A E T: Christian Ch berlain, Deputy Chief of Staff City of Carmel ADA Transition Plan MAYOR SUE FINKAM Page 1 2 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 City of Carmel will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. Employment:The City of Carmel 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 City of Carmel will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City of Carmel'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 and Procedures:The City of Carmel 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 City of Carmel 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 City of Carmel should contact the office of David Littlejohn (317) 571-2417, dlittlejohn@carmel.in.gov as soon as possible but no later than 48 hours before the scheduled event. The ADA does not require the City of Carmel to take any action that would fundamentally alter the nature of its programs or services,or impose an undue financial or administrative burden. Concerns that a program, service, or activity of the City of Carmel is not accessible to persons with disabilities should be directed to David Littlejohn (317) 571-2417, dlittlejohn@carmel.in.gov). The City of Carmel 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. City of Carmel ADA Transition Plan Page 1 3 Introduction Vision This document is intended to serve as a guide to further the vision, mission, and core values for the City of Carmel by outlining key actions for making the transportation system in the City accessible. The Vision, Mission and Core Values are as follows: Vision The City is committed to upholding public needs and collaboration with internal and external partners to create a safe, efficient, and sustainable transportation system for the future. Mission The City will provide the highest quality, dependable multi-modal transportation system through ingenuity, integrity, alliance, and accountability. Core Values • Maintain safety as a priority • Enhance trust with transparency and accountability • Promote collaboration, research, and innovation • Value diversity and cultural capital through inclusion and opportunity • Commit to employee well-being, development, and success • Recognize that employees are integral to the City's success Program Staffing Managing and implementing the ADA Transition Plan requires a multidisciplinary approach encompassing policy development, outreach,technical support, and oversight. These responsibilities, required by 28 CFR 35.107, will be managed by four positions: ADA Coordinator, 504 Section Coordinator, ADA Design Engineer, and City Engineer. The ADA Coordinator and the 504 Section Coordinator work together to ensure no persons with disabilities are discriminated against in any of the City's services and/or programs. The ADA Coordinator is responsible for addressing grievances as they are received and tracking the overall progress of the implementation of the Transition Plan. The ADA Coordinator is also responsible for the investigation of all formal grievances. The ADA Coordinator is responsible for developing policy and procedures to integrate Title II requirements into practices to ensure the obligations of ADA and the Transition Plan are met. The ADA Coordinator will also function as the chair of the Internal ADA committee and co-chair of ADA Stakeholders group. City of Carmel ADA Transition Plan Page 1 4 The ADA Design Engineer position works with the ADA Coordinator and the City Engineer to develop policies and provide technical support for design and construction at a project level. In addition to providing support for projects, this position will also be available to assist in implementing design options that address accessibility complaints. The City Engineer will manage the ADA Coordinator and the ADA Design Engineer to ensure that all City policies and projects are ADA compliant. Please refer to Appendix A for contact information. Grievance Procedure Under the Americans with Disabilities Act, users of facilities and services have the right to file a grievance if they believe the City has not provided reasonable accommodation. Under the Grievance Procedure, a formal grievance must be filed within 180 calendar days of the alleged occurrence. The City will act or respond only to grievances made through the grievance process identified in Appendix B. The criteria used in the Request Prioritization Form, as seen in Appendix C, assists the City in prioritizing potential projects and grievances. Current City Programs The City of Carmel has been working and will continue to work with a disabilities access consultant to find ways to mitigate barriers for those with disabilities within existing City facilities. The City of Carmel's primary goal in this plan is to provide people with disabilities access to public accommodations and commercial facilities. Currently the City of Carmel includes adequate funds in its annual budget to construct and improve the City's multi-use paths, sidewalks, ramps, and crosswalks. The City's programs include: Capital Improvements The City's Mobility and Pedestrian Plan Map, Appendix C, indicates where all multi use paths and sidewalks are required. All new projects completed by the City (facility rehabilitation, new construction, parks, and ROW) comply with ADA standards. City Standards—Each City project includes ADA requirements and all privately developed projects are inspected by the City's Building and Code Services, ADA Coordinator, and Engineering Department to verify that they comply with the City's requirements and ADA standards. New Construction —New street and/or sidewalk/path construction or repairs require that sidewalk/paths be constructed to the ADA standards. City of Carmel ADA Transition Plan Page 1 5 Alterations to Facilities Any improvements made to existing City facilities are to comply with ADA standards. This type of work will occur as a result of an existing facilities annual review improvement recommendation or in response to a grievance. Existing Sidewalk/Multiuse Paths-inspection performance, grievances/execution. Removal of sidewalk obstructions —evaluations of existing sidewalks and paths will be done in accordance with the review of the ADA priority areas to assure that clear paths are provided that meet the City's and ADA standards. Priority Area The City of Carmel's ADA Transition plan includes one high priority area indicated in the City's core district. The high priority area will be reviewed for ADA compliancy every three years. The City's remaining area outside of the high priority area will be reviewed for the purposes of new City projects, scheduled maintenance projects, or upon the filing of a grievance. The City's core area has the highest density of public facilities, special districts, and commercial destinations in the City. The core area consists of the Arts and Design District, The City Center, The Government Center, the Meridian Corridor, various shopping areas, parks, and schools. Therefore,the central area of the City of Carmel is the primary area of concern for the City's ADA accessibility and is identified as a high priority area. Priority Area Identification The priority area identified in this plan was indicated by first locating the public facilities and major commercial areas within the City of Carmel. As each facility or area was indicated a buffer of one quarter mile and one half mile were indicated around it to represent the facility's walk shed. As these buffers were implemented the core district was easily identified as high importance for accessibility. It is the City of Carmel's goal to provide access within the priority area to the public facilities and commercial destinations within each area. To achieve this goal, key missing links, barriers, and obstructions within the priority area will be evaluated and resolved as they are identified. A map of the Priority Areas can be seen in Appendix D. A map of thoroughfares with missing pedestrian facilities can be seen in Appendix E. City of Carmel ADA Transition Plan Page 1 6 Priority Thoroughfare Identification The City of Carmel consists of a variety of streets providing access to each other and various destinations. To help prioritize projects within the City, primary streets must be identified. All arterials, parkways, and urban collectors as identified by the City's Thoroughfare Plan Map will be considered primary thoroughfares. The pedestrian facilities along the primary thoroughfares will be reviewed every three years. All other streets will be reviewed as needed, in response to a grievance filing, or upon request. The City of Carmel Thoroughfare Plan Map can be seen in Appendix F. City of Carmel ADA Transition Plan Page I 7 Appendix A ADA Program Contacts ADA Coordinator David Littlejohn, AICP Transportation System Coordinator &ADA Coordinator 1 Civic Square Carmel, IN 46032 Ph: 317-571-2417 E-mail: dlittleiohn@carmel.in.gov 504 Section Coordinator Lisa Hartz MBA, PHR, SHRM-CP Director of Human Resources 30 W Main St.. 2nd Floor Carmel, IN 46032 Ph: 317-571-2465 E-mail: Ihartz@carmel.in.gov ADA Implementation Coordinator Chris Ogg, PE Asst. City Engineer 1 Civic Square Carmel, IN 46032 Ph: 317-571-2441 E-mail: cogs@carmel.in.gov City Engineer Jeremy Kashman, PE 1 Civic Square Carmel, IN 46032 Ph: 317-571-2441 E-mail: ikashman@carmel.in.gov City of Carmel ADA Transition Plan Page 1 8 Appendix B How to file an Grievance The procedure to file a grievance is as follows: 1. A formal written grievance should be filed on the City's ADA Grievance Form. Providing all pertinent information regarding the grievance upon request, reasonable accommodations will be provided in completing the form or filing the grievance. The grievance shall include the following information. • The name, address,telephone number, and email of the person filing the grievance. • The name, address, and telephone number of the person alleging ADA violation, discrimination, or request, if other than the person filing the grievance. • A description and location of the alleged violation, discrimination, or request and the remedy sought. • Information regarding whether a grievance has been filed with the Department of Justice or other federal or state civil rights agency or court. • If a grievance has been filed, the name of the agency or court where the grievance was filed and the date the grievance was filed. 2. Receipt of the grievance shall be acknowledged in writing to the grievant within fifteen (15) working days of receipt of the grievance. 3. Within 60 calendar days of receipt, the ADA Coordinator will conduct the investigation necessary to determine the merit of the grievance. 4. A written determination, and where appropriate, in a format accessible to the grievant, such as large print, Braille, or audio tape of the grievance, shall be issued by the ADA Coordinator and a copy forwarded to the grievant no later than 90 days from the date of the City's receipt of the grievance. 5.The grievant may appeal the written determination within thirty (30) days after receipt of the ADA Coordinator's determination. The appeal must contain a statement of the reasons why the grievant is dissatisfied with the written decision and must be signed by the grievant, or by someone authorized to sign on the grievant's behalf and sent to the ADA Coordinator. The ADA Coordinator shall provide the grievant with a written notice of receipt within five (5) business days of the receipt of the appeal. The ADA Coordinator shall file the appeal with the Carmel City of Carmel ADA Transition Plan Page 1 9 City Clerk's Office to be placed on an the meeting agenda for a hearing before the City of Carmel Board of Public Works and Safety (the "Board") within thirty (30) days after receipt of the appeal. The hearing before the Board shall be open to the public. The grievant, the grievant's representative,the ADA Coordinator, and any persons whose interests are affected shall be given the opportunity to be heard. At the conclusion of the hearing, the Board may reverse, affirm, or modify the ADA Coordinator's written determination, and may make such order, requirement, decision, or determination as justice would require. The Board's determination and findings of fact is a final resolution and shall be kept by the City Clerk. A copy shall be provided to the grievant. 6. Both the ADA Coordinator's written determination and the Board's determination shall consider the circumstances surrounding the grievance, including but not limited to, the specific nature of the disability; the nature of the access to services, programs, or facilities at issue and the essential eligibility requirements for participation; the health and safety of others; the degree to which an accommodation would constitute a fundamental alteration to the program, service, or facility, or cause an undue hardship to the City; and available funding. A determination from the ADA Coordinator or the Board on any grievance does not constitute binding precedent upon which any future grievant and/or complaining party may rely. 7. If the grievant is dissatisfied with the City's handling of the grievance at any stage of the process or does not wish to file a grievance through the City's Grievance Procedure, the grievant may file a grievance directly with the United States Department of Justice or other appropriate state or federal agency and/or court. Nothing in the Grievance Procedure shall interfere with any person's right to, at any time, apply to the appropriate court to seek available redress under local, state, and/or federal law. Note: Except for the grievant's appeal deadline, any of the other deadlines listed above may be extended at the discretion of the ADA Coordinator or the Board. Notice of any extension shall be given to the grievant. File Maintenance All written grievances received by the ADA Coordinator or his designee, appeals to the Board, and responses from these two offices will be retained by the City of Carmel for at least three years. City of Carmel ADA Transition Plan Page I 10 Grievance Form Grievant Information: Name: Address: Daytime Phone: Email: Location Information: Address(if known)or Intersection: Location Description: Nature of Grievance: ❑ Sidewalk, Ramp ❑ Crosswalk, Pedestrian Signal ❑ Building Access ❑ Programming ❑ Other Describe the Grievance/Complaint/Problem: Date of Incident, If Applicable: Has the grievance been filed with the Department of Justice or another federal or state civil rights agency or court?(❑ Yes/❑ No) If a grievance has been filed, name the agency or court where the grievance was filed, and the date the grievance was filed. 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