(A) The Town Council adopts the Americans with Disabilities (ADA) standards.
(B) The town hereby approves the preparation of the ADA transition plan: Pedestrian network.
(C) The following declaration becomes a written policy of the town.
NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT (ADA) The Town of Mooresville 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 Title II of the Americans with Disabilities Act of 1990 (“ADA”), the Town of Mooresville, Indiana will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. Employment: The Town of Mooresville, Indiana 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 Mooresville 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 Town of Mooresville’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 Town of Mooresville 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 welcome in Town of Mooresville 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 Mooresville should contact David Moore, ADA Coordinator, at (317) 831-9547, as soon as possible but no later than 48 hours before the scheduled event. The ADA does not require the Town of Mooresville 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 Mooresville is not accessible to persons with disabilities should be directed to the ADA Coordinator, David Moore, at the Town of Mooresville, (317) 831-9547. The Town of Mooresville 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. |
(D) The following shall be the town’s grievance procedure under the Americans with Disabilities Act.
TOWN OF MOORESVILLE GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT 1. A formal written grievance should be filed on the Town of Mooresville’s ADA Grievance Form (See attached, Exhibit A). 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 the 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 complaint has been filed with the Department of Justice or other federal or state civil rights agency or court. • If a complaint has been filed, the name of the agency or court where the complaint was filed, and the date the complaint was filed. 2. Receipt of the grievance shall be acknowledged in writing to the grievant within 15 working days of receipt of the grievance. 3. Within sixty (60) calendar 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 complainant, 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 Town of Mooresville’s receipt of the grievance. 5. The grievant may appeal the written determination. The appeal must contain a statement of the reasons why the complainant is dissatisfied with the written decision and must be signed by the complainant, or by someone authorized to sign on the complainant’s behalf. A notice of receipt shall be sent in writing within five (5) days of the receipt of the appeal. Such appeal shall be in writing and filed with the Office of the Clerk of the Town Council of Mooresville to be placed on an agenda of the meeting of the Town Council within thirty (30) days after the ADA Coordinator’s determination has been mailed to the grievant. All hearings before the Town Council 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 at which a continuance is not granted, the Town Council may reverse, affirm, or modify the written determination appealed from, and may make such order, requirement, decision or determination as justice would require. The Town Council’s determination and findings of fact shall be recorded. Any person, whether or not a previous party of appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. 6. If the grievant is dissatisfied with the Town of Mooresville’s handling of the grievance at any stage of the process or does not wish to file a grievance through the Town of Mooresville’s ADA Procedure, the grievant may file a complaint directly with the United State Department of Justice or other appropriate state or federal agency. The evaluation and written determination of a resolution of a grievance will consider various circumstances, 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; and the degree to which an accommodation would constitute a fundamental alteration to the program, services, or facility, or cause an undue hardship to, and available funding. Accordingly, the resolution of any one grievance does not constitute a precedent upon which is bound or upon which other complaining parties may rely. |
Note: Except for the complainant’s appeal deadline, any of the other deadlines listed above may be extended at the discretion of the ADA Coordinator, the Town Council, or the Town Council’s designee, provided notice of such an extension is given to the complainant. |
(E) The town shall create and implement a transition plan for all public rights-of-way within 90 days of passage of the resolution incorporated in divisions (C) through (F). Pursuant to the transition plan, the town shall conduct an inventory of curb ramps and sidewalks using field visits supplemented by aerial photography. The town is committed to making all curb ramp and sidewalk areas accessible to all pedestrians including those with disabilities. The transition plan will include a summary of the inventory of curb ramps and sidewalks and recommendations for each in order to bring any curb or sidewalk into compliance under the ADA.
(F) Exhibit A - ADA Grievance Form is incorporated below.
EXHIBIT A Grievant Information: | |||
Grievant Name: | |||
Address: | City: | State: | Zip Code: |
Phone: ( ) - | E-Mail: | ||
Alternative Phone: ( ) - | |||
Person Preparing Complaint Relationship to Grievant (if different from Grievant): | |||
Name: | |||
Address: | City: | State: | Zip Code: |
Phone: ( ) - | E-Mail: | ||
Alternative Phone: ( ) - | |||
Please specify any location(s) related to the complaint or grievance (if applicable): Please provide a complete description of the specific complaint or grievance: | |||
(Res. 18, 2011, passed 11-15-2011; Res. 19, 2011, passed 11-15-2011; Res. 9-2022, passed 2-15-2022)