LOCAL PUBLIC AGENCY

Section 504-Rehabilitation Act of 1073

Americans with Disabilities Act of 1990

 

POLICY STATEMENT

Banner County, will ensure that no qualified disabled individual shall, solely on the basis of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any of its programs, services or activities as provided by Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (ADA).  Banner County Road Department further ensures that every effort will be made to provide nondiscrimination in all of its programs or activities regardless of the funding source.

For our purposes, a disabled person is defined as any person who

· Has a physical or mental impairment that substantially limits one or more life activities.

·Has a record of such an impairment, or

· Is regarded as having such an impairment

AUTHORITIES

Section 504of the Rehabilitation Act of 1973, as amended, provides that  “No otherwise qualified disabled individual in the United states , as defined in section 7(6), shall, solely by reason of his/her disability, be excluded for the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”

29 USC 794 (October 29, 1992 to the Rehabilitation Act of 1973) substitutes “a disability” for “handicaps” and “disability” for “handicap”.

49 CFR Part 27.13 (Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or benefitting from Federal financial Assistance) states, “This part applies to each participant of Federal Financial Assistance from the Department of Transportation and to each program or activity that receives or benefits from such assistance”.

49 CFR Part 28.102(Enforcement of Nondiscrimination on the Basis of Disability in Programs or Activities conducted by the Department of Transportation) states, “This part applies to all programs or activities conducted by the Department of Transportation except for programs and activities conducted outside the United States that do not involve individuals with disabilities in the United States.”

28 CFR Part 35(Judicial Administration) states that: “The purpose of this part is to effectuate Subtitle A of Title II of the ADA which prohibits discrimination on the basis of disabilities by public entities.”

49 CFR part 27 (Nondiscrimination on the Basis of Disability in programs and Activities Receiving or Benefitting from Federal Financial Assistance) states, “the purpose of this part is to carry out the intent of Section 504 of the Rehabilitation Act of 1973 (29 USC 794) a amended, to the end that no other qualified disabled individual in the United States shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal Financial Assistance.”

49 CFR Part 28-140(Employment) states that, “(a) No qualified individual with disabilities shall, on the basis of the disability, be subjected to discrimination in employment under any program or activity conducted by the Department,” and “(b)The definitions, requirements, and procedures of Section 504 of the Rehabilitation Act of 1973(29 USC 791), as established by the Equal Opportunity Commission in 29 CFR part 1613, shall apply to employment in federally conducted programs or activities.

29 CFR Part 1613(Equal employment Opportunity in the Federal Government) states that: It is the policy of the government of the United States…to provide equal opportunity in employment for all persons to prohibit discrimination in employment because of race, color, religion, sex, or national origin and to promote the full realization of equal employment opportunity through a continuing affirmative action program in each agency.”

42 USC part 12101-12113(The Americans with Disabilities Act of 1990) states that: “No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation job training, and other terms, conditions, and privileges of employment.”

ORGANIZATION

Banner County, Nebraska        

Monty Stoddard, Banner County Treasurer-ADA First Contact Coordinator

1) Make all initial contacts through coordinator, whom will then report to county board.

2) County board will review requests and advise coordinator of course of action.

SECTION 504/ADA COORDINATOR RESPONSIBILITIES

Ada coordinator of Banner County, Nebraska is to be the first line of communications for the LPA.  In the event that a request is made for accommodations, the coordinator will  assist the individual as to the proper procedures to follow to have their request heard.

SECTION 504/ADA PUBLIC NOTICE

Banner County, Nebraska does not discriminate on the basis of disability in the admission of its programs, services, or activities, in access to them, in the treatment of individuals with disabilities, or in any aspect of their operations.  Banner County, Nebraska also does not discriminate on the basis of disability in its hiring or of its employee practices.

This notice is provided as required by Title II of the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973.  Questions, complaints or requests for additional information or accommodations regarding the ADA and Section 504 may be forwarded to the designated ADA and Section 504 compliance coordinator:

Monty Stoddard,
Banner County treasurer
 
ADA compliance coordinator

 

Phone-308-436-5260

Fax 308-436-4180

 

PO Box 6

Harrisburg, Ne 69345

 

M-F  8;00-12:00 and 1:00-4:00

ADA SELF-EVALUATION

As required by 49 CFR 27.9 Banner County, Nebraska has completed a self-evaluation of all ADA policy Statements and Assurances.  Upon completion it was noted that several issues required attention to remain in compliance.

ADA Transition Plan

Upon completion of all corrective procedures for the Banner County, Nebraska, we believe we have reached a full compliance status, including: 1) Selection of an ADA coordinator. 2) Signed assurances of the county board. 3) A listing of full accommodation procedures. 4) Public meeting sign in sheets and documentation.  5) Available information via postings and county web-site of title VI rights.

COMPLAINT PROCEDURES

See attached form

REASONABLE ACCOMMODATION PROCEDURES

See attached form

Prepared by:

Monty Stoddard ADA coordinator