ADA

ADA

Notice

In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Worthington will not discriminate against qualified individuals with disabilities on the basis of disability in City services, programs, or activities.

Employment: The City 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 Americans with Disabilities Act (ADA).

Effective Communication: The City 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’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 will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all City programs, services, and activities. For example, individuals with service animals are welcomed in City 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 City program, service, or activity, should contact the office of the City Administrator as soon as possible but no later than 48 hours before the scheduled event.

The ADA does not require the City to take any action that would fundamentally alter the nature of its programs or services or impose an undue financial or administrative burden.

The City 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.

 

ADA Transition Plan for Public Rights-of-Way

The City of Worthington has adopted a new Americans with Disabilities Act (ADA) Transition Plan specific to Public Rights-of-Way. This Transition Plan is available here.  

 
The Transition Plan is also available by requesting it in PDF or printed formats by contacting:
 
Worthington City Engineer
P.O. Box 279
Worthington, MN  56187
507-372-8640
engineering@ci.worthington.mn.us
 
Request alternate formats if required.      
 
The will continously take comments on the ADA Transition Plan for Public Rights-of-Way    s and consider those comments when updating the plan. Such comments should be provided to the contact listed above. 
 

Grievance Procedure under the Americans with Disabilities Act

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 City of Worthington. The City's Personnel Policy governs employment-related complaints of disability discrimination.

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. The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation. 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.

Those wishing to file a formal written grievance with the City of Worthington may do so by one of the following methods:

Internet

 Fill in the online form and click “Email Street or Walk Problem” or “Email Other City Facility Problem” as applicable. 

Telephone

Contact the pertinent City staff person listed in the Contact Information below to submit an oral grievance. The staff person will utilize the Internet method above to submit the grievance on behalf of the person filing the grievance.

Paper Submittal

Contact the pertinent City staff person listed in the Contact Information section below to request a paper copy of the city’s grievance form, complete the form, and submit it to the ADA Title II Coordinator (City Administrator) or Public Right-of-Way ADA Implementation Coordinator (City Engineer) or as indicated on the form. A copy of the form for mailing is also avaialble here

The ADA Grievance Form will ask for the following information:

The name, address, telephone number, and email address for the person filing the grievance.

A description and location of the alleged violation and the nature of a remedy sought, if known by the complainant.

The City will acknowledge receipt of the grievance to the complainant within 10 working days of its submittal. City will also provide to the complainant within 10 working days of its submittal:

1) a response or resolution to the grievance

2) information on when the complainant can expect a response or resolution to the grievance. If the grievance filed does not concern a City of Worthington facility, the City will work with the complainant to contact the agency that has jurisdiction.

Within 60 calendar days of receipt, the City Administrator or City Engineer, as applicable, will conduct an investigation necessary to determine the validity of the alleged violation. If appropriate as a part of the investigation, the staff person would conduct an engineering study to help determine the City’s response. The City Administrator or City Engineer will be available to meet with the complainant to discuss the matter as a part of the investigation and resolution
of the matter.

If the response by the City Administrator or City Engineer 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 City Council.

Within 15 calendar days after receipt of the appeal, or the first regularly scheduled Council meeting thereafter, the City Council will meet with the complainant to discuss the complaint and possible resolutions. The City Council shall hear complaints, requests, or suggestions from individuals regarding the access to and participation in public facilities, services, activities, and functions of the City of Worthington only upon receiving a written request appealing the
decision of the ADA Coordinator. The City Council shall hear such complaint in public, after adequate public notice is given. The City Council shall issue a written decision within 30 days of its hearing. The decision of the City Council shall be final.

The City will consider all specific grievances within its particular context or setting. Furthermore, the City will consider many varying circumstances including:

1) the nature of the access to services, programs, or facilities at issue 

2) the specific nature of the disability

3) the essential eligibility requirements for participation

4) the health and safety of others

5) 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 of Worthington.

Accordingly, the resolution by the City of Worthington of any one grievance does not constitute a precedent upon which the City is bound or upon which other complaining parties may rely.

All written complaints and appeals received by the City and the City’s responses will be retained by the City for at least three years.

Complaints of Title II violations may also be filed with the Department of Justice (DOJ) within 180 days of the date of discrimination. In certain situations, cases may be referred to a mediation program sponsored by the DOJ. The DOJ may bring a lawsuit where it has investigated a matter and has been unable to resolve violations.

For more information, contact:
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section - NYAV
Washington, D.C. 20530
www.ada.gov
(800) 514-0301 (voice – toll free)
(800) 514-0383 (TTY)

Title II may also be enforced through private lawsuits in Federal court. It is not necessary to file a complaint with the DOJ or any other Federal agency, or to receive a "right-to-sue" letter, before going to court.

Contacts

ADA Title II Coordinator/City Administrator
Name: Steve Robinson
Address: P.O. Box 279
Worthington, MN 56187
Phone: 507-372-8622
Fax: 507- 372-8630
E-mail: ser@ci.worthington.mn.us

Public Right-of-Way ADA Implementation Coordinator/City Engineer
Name: Dwayne Haffield
Address: P.O. Box 279
Worthington, MN 56187
Phone: 507-372-8640
Fax: 507-372-8643
E-mail: engineering@ci.worthington.mn.us