ADA Position Statement

Americans with Disabilities Act Position Statement

Title II and III of the Americans with Disabilities Act of 1990 protects qualified individuals with disabilities from discrimination on the basis of disability in services, programs, and activities provided by State and local government entities.

The City of Havelock is committed to treating all persons with dignity, respect, and fairness, and ensuring that our actions comply with local, state and federal laws. In this regard, we support and comply with the requirements of the Americans with Disabilities Act (ADA) and will not discriminate against qualified individuals on the basis of disability in our services, programs, or activities.

Employment: Employees are our most important resource. The City of Havelock will not discriminate on the basis of disability in our hiring or employment practices. The City fully supports and complies with all ADA regulations of the U.S. Equal Employment Opportunity Commission.

Communication: The City of Havelock is committed to providing all citizens with the opportunity to participate fully in the public process as well as in our programs, services, and activities. As we strive to be open, ensure access, and encourage involvement, the City will, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities.

Modifications to Policies and Procedures: The City of Havelock will make reasonable modifications to policies and programs to ensure that persons with disabilities have an equal opportunity to enjoy and participate in our programs, services, and activities. Persons requiring auxiliary aids or services for effective communication, or a modification to policies or procedures in order to participate in a City program, service, or activity should contact the City’s ADA Coordinator as soon as possible, allowing sufficient time for the City to consider the request and make necessary arrangements before the scheduled event. Please note that more time might be needed to ensure that auxiliary aids or services are available or to research, recommend, and/or modify the related policies or procedures.

The City Manager is responsible for ADA compliance.

Please, direct complaints about the accessibility of a City program, service, or activity, to the City of Havelock’s ADA Coordinator listed below:

Lauren Wargo, ADA Coordinator
City of Havelock
Post Office Drawer 368
Havelock, NC  28532

Grievance Procedure: This internal grievance procedure has been adopted by the City of Havelock in an effort to provide for prompt and equitable resolution of complaints alleging any action prohibited by Title II of the Americans with Disabilities Act (ADA) or the U.S. Department of Justice regulations implementing the ADA.  Title II of the ADA states, in part, that “no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination” in programs or activities sponsored by a public entity.

 

  1. A complaint alleging a violation of the ADA shall be filed in writing and contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations. The ADA Coordinator will accept verbal complaints when circumstances arise in which written complaints clearly cannot be made, e.g. when a disability prevents an individual from filing a written complaint.

 

  1. A complaint shall be filed within (5) five days after the complainant becomes aware of the alleged violation.

 

  1. An investigation, as may be appropriate, shall be conducted with a reasonable amount of time following the filing of the complaint. The investigation shall be conducted by the ADA Coordinator or his/her designee.  This procedure contemplates informal but thorough investigations, through which the City of Havelock will endeavor to afford all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.

 

  1. The ADA Coordinator shall respond to the validity of and nature of the findings with respect to the complaint, if any. The ADA Coordinator will respond verbally concerning his or her findings, or when deemed appropriate the ADA Coordinator will respond in writing.  Complaints that can be handled informally will be addressed by a verbal response.  The complainant will be notified in a timely manner, taking into account the nature and extent of The City of Havelock’s investigation, which generally not to exceed thirty days from the date of the filing of the complaint.

 

  1. The ADA Coordinator shall maintain the files and records of the City of Havelock relating to any complaints filed.

 

  1. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration shall be made to the ADA Coordinator within 10 days, following the ADA Coordinator’s original determination.

 

  1. The right of a person to a prompt and equitable resolution of any complaint filed hereunder shall not be impaired by the person’s pursuit of other remedies such as the filing of an ADA complaint with the U.S. Department of Justice or other responsible federal department or agency. Use of this procedure is not a prerequisite to the pursuit of other remedies.

 

  1. These rules shall be constructed to protect the substantive rights of interested persons to meet appropriate due process standards and to assure that the City of Havelock complies with the ADA and implementing regulations.
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