Americans with Disabilities Act Position Statement
As required by the ADA, the Town has posted the following notice outlining its responsibilities with regard to ADA compliance.
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990, the Town of Burgaw will not discriminate against qualified individuals based on disability in Town services, programs or activities.
Employment: The Town does not discriminate based on disability in its hiring or employment practices and complies with all regulations promulgated with the U.S. Equal Employment Opportunity Commission under Title I of the Americans with Disabilities Act (ADA).
Effective Communication: The Town 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’s programs, services and activities.
Modifications to Policies and Procedures: The Town will make all reasonable modifications to policies and procedures to ensure that people with disabilities have an equal opportunity to enjoy all Town programs, services and activities.
Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a Town program, service or activity, should contact the office of the ADA Coordinator as soon as possible but no later than 48 hours before the schedule event: Kimberly Rivenbark, Human Resources Technician, (910) 663-3444.
The ADA does not require the Town to take any action that would fundamentally alter the nature of its programs or services or impose an undue financial or administrative burden.
The Town 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
The Town of Burgaw is currently working on an ADA Transition Plan. The draft and final plans will be posted on the Town’s website once available.
The Town of Burgaw has developed an internal procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Justice regulations implementing Title II of the Americans with Disabilities Act. Title II 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”. Complaints should be addressed to: Human Resources Technician, 109 N. Walker St, Burgaw, NC 28425.
A complaint should be filed verbally or in writing. Contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations. A complaint should be filed within 60 days after the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination, which occurred before this grievance procedure was in place, will be considered on a case-by-case basis).
An investigation, as may be appropriate, shall follow a filing of complaint. The investigation shall be coordinated by the ADA Coordinator who works with an internal technical staff to identify where local, state and/or federal laws might be in violation. This process is informal but provides a thorough investigation, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.
A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the ADA Coordinator and a copy forwarded to the complainant no later than 30 days after its filing. The ADA Coordinator shall maintain the files and records of the Town of Burgaw relating to the complaints filed.
The complainant can request a reconsideration of the case in instance where he or she is dissatisfied with the resolution. The request for reconsideration should be made in writing within 30 days to the Town Manager. The Town Manager or their designee will conduct the initial review and determination. The Town Manager shall make the final decision.
The right of a person to a prompt and equitable resolution of the 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 responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.
These rules shall be construed to protect the substantive rights of interested persons to meet appropriate due process standards and to assure that the Town of Burgaw complies with the ADA and implementing regulations.