Fillable Form 6.00: Boar d of County Commissioner s (Leon County Board of County Commissioners)

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Form 6.00: Boar d of County Commissioner s (Leon County Board of County Commissioners)

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6.00
Boar d of County Commissioner s
Leon County, Florida
Policy No. 03-4
Title: Americans with Disabilities Act Accessibility Policy/Section 504
Date Adopted: January 27, 2015
Effective Date: January 27, 2015
Reference: Section 504.45 (CFR) part 84 - Americans with Disabilities Act, Public
Law 101-336
Policy Superseded: Policy No. 03-04, ADA Accessibility Policy, adopted 1/21/2003
It shall be the policy of the Board of County Commissioners of Leon County, Florida, that a revised
policy, Policy No. 03-04, Americans with Disabilities Act Accessibility Policy/Section 504, is hereby
adopted, to wit:
I. Citizen Access.
A. Purpose.
Section 35.107(b) of the ADA requires public entities with 50 or more employees to establish
grievance procedures for resolving complaints or violations of Titles I and II. The purpose of
this policy section is to provide standard procedures for the Complaint Process associated
with ADA Accessibility as it relates to citizen inquiries.
Section 504 prohibitions against discrimination (See 45 CFR Part 84) apply to services
availability, accessibility, delivery, employment, and the administrative activities and
responsibilities of organizations receiving federal financial assistance.
B. Definitions.
1. Accessibility. As it pertains to County facilities, programs, and services, the ability to
gain physical access to County buildings, sidewalks, parking, public telephones,
parks, and other various programs and services.
2. Accessibility Process. An organized procedural system that is documented,
maintained, and in place to answer citizen questions and address complaints
pertaining to the accessibility of County facilities, programs, and services.
Americans with Disabilities Act Accessibility Policy/Section 504 6.00
Policy No. 03-4
3. ADA (Americans with Disabilities Act). Public Law 101-336, enacted July 26, 1990,
which AProhibits discrimination and ensures equal opportunity for persons with
disabilities in employment, state and local government services, public
accommodations, commercial facilities, and transportation.
4. Section 504 ADA Liaison. Employee designated by the County Administrator with
the responsibility of facilitating and coordinating all ADA issues and requests
regarding access problems or concerns for Leon County.
C. Citizen Accessibility Process.
1. The accessibility process consists of a systematic procedural description of the
County’s citizen complaint process. The process includes, but is not limited to:
a. Online contact information where citizens can find the address and telephone
number of the County’s
Section 504 ADA Liaison.
b. Contact information posted and readily available at each County facility,
program, or service.
c. Directions on how to file a complaint available online and via the posted contact
telephone number.
d. An automated form (Appendix A) that can be submitted to the Section 504/ADA
Liaison
online; printed out, completed, and submitted by FAX; or a phone number
where a form may be requested.
D. Citizen Accessibility Access Questions.
1. Citizen Access Questions. The question is transferred to the County
Section 504 ADA Liaison for appropriate response. The Section 504 ADA Liaison
shall maintain a list of County program area contact persons.
a. The
Section 504/ADA Liaison logs the call and determines to whom the call is
referred for response, if necessary, or answers the question himself/herself.
b. Once an answer to the question has been determined, the Program Area
contact person notifies the Section 504/ ADA Liaison who contacts the citizen
with the answer to the question.
c. Section 504/ADA Liaison follows up to ensure that the citizen’s question has
been answered and to determine if further action is warranted.
Americans with Disabilities Act Accessibility Policy/Section 504 6.00
Policy No. 03-4
E. Citizen Accessibility Access Complaints.
1. A citizen reports an access problem or concern. The complaint is transferred to the
Section 504/ADA Liaison.
2. The Section 504/ADA Liaison logs the complaint and determines to whom the
complaint is referred for response, if necessary, or resolves the complaint
himself/herself.
3. The Program Area contact person investigates the complaint to determine if a change
can be made to resolve the problem or concern.
Some issues may need to be addressed in the form of an agenda request depending on
the amount of work or funds needed to correct the problem area.
4. Once a resolution to the problem is determined, the Program Area contact person
notifies the Section 504/ADA Liaison who contacts the citizen, with the proposed
resolution.
5. The Program Area contact person follows up to make sure that the
correction/alteration is completed as determined.
6. The Section 504/ADA Liaison follows up to ensure that the citizen’s problem or
concern has been adequately resolved.
Employees/Applicants for Employment.
Purpose.
This policy section establishes uniform guidance for employees and/or applicants for
employment to request reasonable accommodations and file complaints of discrimination
based on the Americans with Disabilities Act of 1990 (ADA) as required by state and
federal law.
Procedures.
1. Applicants for Employment: Requests for Reasonable Accommodations.
a. All job announcements shall include the statement, if an accommodation is
needed in order to participate in the application process, please contact the
Human Resources Office.
b. Any applicant for employment may request a reasonable accommodation. The
request for accommodation should specify the type of accommodation requested.
c. An applicant may request reasonable accommodation at any time during the job
application process.
Americans with Disabilities Act Accessibility Policy/Section 504 6.00
Policy No. 03-4
d. Any cost involved in accommodating the applicant must be approved by the
department/division director or his designee in the department/division where the
accommodation is being requested. When the department/division director feels
that the program/division budgets do not have funding to support the
accommodation, the director shall contact the Section 504/ADA Liaison before
denying the request based on undue hardship.
e. The Section 504/ADA Liaison and the hiring supervisor shall initiate the
necessary steps to coordinate the accommodation.
f. All original requests for accommodations and resolutions thereof shall be
forwarded to the Human Resources Office after completion. Copies pertaining to
a request for accommodation shall be maintained in the Human Resources Office
in a secured area.
g. If the applicant is not satisfied with the decision made, he or she may appeal to
the County Administrator or his/her designee.
2. Employees: Requests for Reasonable Accommodation.
a. Any employee may request reasonable accommodation under the ADA. The
employee shall make such request to his or her immediate supervisor and/or
Section 504/ADA Liaison. The request for accommodation shall be in writing
using the Leon County Board of County Commissioners’ Request for Reasonable
Accommodation Form (Appendix B). The supervisor and/or the Section
504/ADA Liaison shall insure that the form is completed by the employee.
b. The supervisor shall discuss the accommodation with the employee and provide
either the accommodation requested or an accommodation that is equally
effective. If the supervisor believes the accommodation is not reasonable and
would change the nature of the employment, the supervisor will forward the
request to the Section 504/ADA Liaison for resolution. In any event, all requests
for accommodations and resolution of such requests shall be forwarded to the
Section 504/ADA Liaison.
c. If an employee requests accommodation to perform the essential functions of the
job, the Section 504/ADA Liaison may request supporting documentation about
his/her disability and functional limitations. The documentation must be from an
appropriate healthcare professional.
d. If the employee provides insufficient information to substantiate a claim of
disability covered by the ADA, then the County may require an employee to be
independently examined by an appropriate healthcare professional of the
County=s choice. The examination must be job-related. The County shall pay all
costs reasonably associated with the employee’s independent medical
examination (I.M.E.).
Americans with Disabilities Act Accessibility Policy/Section 504 6.00
Policy No. 03-4
e. Any cost involved in providing a reasonable accommodation must be approved
by the department/division director or his designee in the department/division
where the accommodation is being requested. When the department/division
director feels that the program/division budgets do not have funding to support
the accommodation, the director shall contact the Section 504/ADA Liaison
before denying the request based on undue hardship.
f. The Section 504/ADA Liaison and the supervisor shall initiate the necessary steps
to coordinate the approved reasonable accommodation.
g. All original requests for accommodations and resolutions thereof shall be
forwarded to the Human Resources Office after completion.
h. If the employee is not satisfied with the decision made as to the request for
accommodation, he or she may appeal to the County Administrator or his/her
designee.
Complaint Process. (This process is to be used in lieu of the Grievance Process.)
Any employee and/or applicant for employment with the County may file a
complaint of discrimination/harassment on the basis of disability with the
County. Complaints shall be filed with the Employee Relations Coordinator in
the Human Resources Division. Any complaints filed internally alleging a
violation of the Americans with Disabilities Act or this procedure should be
reported immediately.
Any employee who believes he or she has been subjected to
discrimination/harassment on the basis of disability must promptly bring the
problem to the attention of the County. If an employee believes that he or she has
been discriminated against/harassed, he or she should immediately report the
problem to his/her supervisor. If the complaint involves the supervisor, or the
employee is uncomfortable presenting this issue to the supervisor, then he or she
should inform the Human Resources Director or Employee Relations Coordinator
in the Human Resources Division.
If a complaint of discrimination/harassment on the basis of disability involves a
County Commissioner, the employee should immediately report the problem to
the Human Resources Director, the Employee Relations Coordinator in the
Division of Human Resources, or the Chairman of the County Commission. If
the complaint involves the Chairman of the County Commission or the employee
is uncomfortable presenting this issue to the Chairman, then the employee should
inform the Vice-Chairman of the County Commission, the Human Resources
Director, or the Employee Relations Coordinator in the Human Resources
Division.
Americans with Disabilities Act Accessibility Policy/Section 504 6.00
Policy No. 03-4
At that time, the Human Resources Director will refer the complaint to a private
law firm or private entity outside the County’s political jurisdiction, previously
retained, to investigate the claim (this should be complied with prior to any
notification to the Board, County Administrator, or County Attorney). Once the
complaint has been referred to the outside private agency or law firm for
investigation, then the party involved in the complaint shall be notified.
Each complaint will be immediately and thoroughly investigated in a professional
manner. All discrimination/harassment complaints reported to a supervisor or
any member of management, shall be promptly reported to the Employee
Relations Coordinator or the Human Resources Director. Actions taken to
investigate and resolve discrimination/harassment complaints shall be conducted
confidentially to the extent practicable, appropriate, and legal, in order to protect
the privacy of the persons involved.
The person who is accused of engaging in discriminating/harassing behavior shall be
notified and given an opportunity to respond verbally and/or in writing.
Investigations may include interviews with parties involved in the incident, and if
necessary, with individuals who may have observed the incident or conduct or
who have relevant information or knowledge.
The employee making the complaint shall be notified of a decision or the status of
the investigation in a timely manner. There will be no discrimination or
retaliation against any individual who files a good-faith complaint, even if the
investigation produces insufficient evidence to support the complaint, and even if
the charges cannot be proven. There will be no discrimination or retaliation
against any other individual who participates in the investigation of a
discrimination/harassment complaint.
If the investigation substantiates the complaint, appropriate corrective and/or
disciplinary action will be taken. Disciplinary action, which may include
discharge, will also be taken against individuals who make false or frivolous
accusation, such as those made maliciously or recklessly.
If deemed to be in the County’s best interest, the complainant, the respondent, or
both, may be placed on leave with pay during the investigation process. This
decision will be made by the County Administrator or designee (for a Board
employee), the County Attorney or designee (for a County Attorney employee),
the Chairperson (for another Commissioner’s Aide or Board Appointee), or the
Vice Chairperson (for the Chairperson’s Aide).
Revised 1/27/2015
Americans with Disabilities Act Accessibility Policy/Section 504 6.00
Policy No. 03-4
APPENDIX A
Leon County Board of County Commissioners
301 South Monroe Street
Tallahassee, Florida 32301
(850) 606-5300 Telephone
(850) 606-5301 Telefax
CITIZEN REQUEST FOR ACCOMMODATION FORM
Date: ____________________________
Person Submitting Request: Telephone:
Person the Request is for: Telephone:
Address:
Individuals with disabilities who wish to participate in County programs, services, or activities and who need
accommodation are invited to present their requests for accommodation to the County by completing this Request for
Accommodation form or by calling (850) 606-5300, at least 48 hours in advance of the event or activity.
Community Services Board/Commission Meeting
Name of Activity/Service Date & Time of Meeting
Start Date of Activity/Service Location of Meeting
Recruitment
Position Title, Position Number or Requisition Number
Assistance with (check all that apply):
Application Testing Performing Essential Duties
Please describe your request for reasonable accommodation and possible solutions. If you need more room, please feel
free to attach additional pages.
.
Signature of Person Completing Request:
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Americans with Disabilities Act Accessibility Policy/Section 504 6.00
Policy No. 03-4
APPENDIX B
Leon County Board of County Commissioners
Request for Reasonable Accommodation Form
Initial requests for Reasonable Accommodations shall be submitted to the supervisor and the Section 504/ADA Liaison in
the Human Resources Division. All medical information is maintained separately from all personnel records and shall be
kept confidential.
PART I REQUESTOR’S INFORMATION.
Section 1 Employee/Applicant Information (To be completed by requestor and returned to supervisor or Board’s
designated responsible person for reasonable accommodations):
Date: Check one: [ ] Employee [ ] Applicant
Name: Department/Division:
Job Title: Work Site Location:
Work Telephone #: Home Telephone #:
Supervisor’s Name:
Section 2 Accommodation Request:
I am Requesting accommodation(s) for the following reason(s) check relevant box(es):
[ ] To complete the employment application process.
[ ] To perform essential job function(s).
[ ] To have equivalent benefits and privileges of non-disabled employees.
[ ] To obtain evacuation assistance in a time of emergency.
[ ] Other (provide explanation):
How does your disability restrict your ability to accomplish the essential functions of your job responsibilities?
What type of accommodation(s) do you believe would be effective?
PART II APPROVAL(S).
Section 1 Supervisor Approval (To be completed by the Section 504/ADA Liaison).
I have received your request for an accommodation. [ ] Approved [ ] Need more Review.
Comments:
Supervisor’s Signature: Date:
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signature
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Americans with Disabilities Act Accessibility Policy/Section 504 6.00
Policy No. 03-4
Section 2 Notification of need for additional information (To be completed by the supervisor or Human Resources):
We are continuing to assess your request. To make a County determination, we need the following information:
[ ] Medical documentation.
Please inform your doctor of your application for an accommodation and have your doctor send us medical
documentation, indicating the limitations placed on your life functions and activities. Information should be
returned by the following date to your supervisor or the Section 504/ADA
Liaison, Leon County Government, 301 South Monroe Street, Tallahassee, Florida 32301.
[ ] Other
[ ] We require no additional information from you.
Section 3 Accommodation(s) Granted (Description of Accommodation):
Requestor’s Acknowledgment: Date:
Requestor’s Comments:
The County review process includes an evaluation of all relevant information. This may include an interview with you
and/or your supervisor. After completion of the review, you will receive a final copy of this form from Human Resources
regarding the County’s decision. We anticipate that the decision will be made by . If you have
any questions, please call 850-606-5300.
Section 504/ADA Liaison’s Signature: Date:
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signature
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Americans with Disabilities Act Accessibility Policy/Section 504 6.00
Policy No. 03-4
APPENDIX C
Leon County Board of County Commissioners
301 South Monroe Street
Tallahassee, Florida 32301
CHARGE OF DISCRIMINATION/HARASSMENT
ON THE BASIS OF DISABILITY
LCBCC#:
Name (Indicate Mr. Mrs. Or Ms.)
Social Security #:
Date of Birth:
Street Address:
Home Telephone Number (Area Code):
City, State, and Zip Code:
Work (If possible, to call you there):
List the department, division, or other person who discriminated against you:
CAUSE OF DISCRIMINATION BASED ON [Check appropriate box(es)]:
[ ] Disability
[ ] Retaliation
THE PARTICULARS OF THE CASE ARE (If additional space is needed, attach extra sheets):
Background:
Reason for action by Respondent:
Reason for Filing Charge:
Signature of Complainant:
Date:
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Completed 21 January 2021

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