§ 36.16 AMERICANS WITH DISABILITIES ACT; NOTICE PROVISIONS.
   (A)   Notice under the Americans with Disabilities Act (ADA).
      (1)   Adoption. The county adopts the 2010 Americans with Disabilities Act Standards for Accessible Design and the 2005 Guidelines for Accessible Public Rights. In accordance with the requirements of Tile II of the Americans with Disabilities Act of 1990 (ADA), Clark County, Indiana will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities.
      (2)   Employment. The 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.
      (3)   Effective communication. The 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 county 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.
      (4)   Modification to policies and procedures. The 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 county offices, even where pets are generally prohibited.
      (5)   Contacts to request modifications prior to a scheduled event. Anyone who requires an auxiliary air or service for effective communication, or a modification of policies or procedures to participate in program, service, or activity of the county should contact the County Engineer, 812-285-6286, as soon as possible but no later than 48 hours before the scheduled event.
      (6)   When county not required to take action. The ADA does not require the county to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.
      (7)   Complaints. Complaints that a program, service, or activity of the county is not accessible to persons with disabilities should be directed to the County Engineer, 812-285-6286.
      (8)   No surcharges to cover costs for auxiliary aids/services. The 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.
   (B)   County Grievance Procedure Under The Americans with Disabilities Act.
      (1)   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 county. The county's personnel policy governs employment-related complaints of disability discrimination.
      (2)   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 to persons with disabilities upon request.
      (3)   The complaint should be submitted by the grievant and/or his or her designee as soon as possible but no later than 60 calendar days after the alleged violation to:
      Clark County Engineer
      501 E. Court Ave.
      Jeffersonville, IN 47130
      (4)   Within 30 calendar days after receipt of the complaint, the County Commissioners Office or a representative of the County Commissioners will meet with the complainant to discuss the complaint and the possible resolutions. Within 30 calendar days of the meeting, the County Engineer or his or her 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 county and offer options for substantive resolution of the complaint.
      (5)   All written complaints received by the County Commissioners representative or his or her designee or the County Engineer's office or his or her designee, and responses from these two offices will be retained by Clark County for at least three years.
(Res. 8-2013, passed 10-24-2013)