ADA & Non-Discrimination Notice

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ADA- American with Disabilities Act

The American with Disabilities Act (ADA) is a comprehensive civil rights law for people with disabilities passed by Congress in 1990 and amended in 2008. It provides protection against discrimination in both employment and the provision of goods and services. The purpose of the ADA is to provide a "clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities." Congress emphasized that the ADA seeks to dispel stereotypes and assumptions about disabilities and to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities.

 

Title VI of the Civil Rights Act of 1964 

The City of Hermiston assures that no person shall on the grounds of race, color, national origin, sex, sexual orientation, religion, age, disability or income be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any City of Hermiston sponsored program or activity, as provided by federal and state law.

 

Make an ADA or Title VI Request

The following types of requests may be used to tell the City about a specific need you may have related to a disability or other protected class, when trying to participate in a program, service or activity of the City. See below examples of that type of request and how to submit it.

 

Ask for a Reasonable Modification/Accommodation

The City will make reasonable modifications (“accommodations”) in policies, practices, or procedures when the modification is necessary to avoid discrimination on the basis of disability. However, the City is not required to make a modification when it would fundamentally alter the nature of the service, program, or activity, cause undue financial or administrative burden, or create a threat to safety. 

  • Examples of Reasonable Modifications:
    • City staff assisting people with disabilities (cognitive, mobility, visual, etc.) in filling out a form.
    • Granting extra speaking time in a public comment session to a person with a speech disability or who is using an interpreter. 
    • Allowing a Service Animal -- that is a dog trained to perform specific tasks related to the disability of its handler -- in an area that would otherwise not allow animals. 

Requests can be made by contacting the department where you are doing business, or the ADA Coordinator.

 

Ask for a Physical Accessibility Improvement

The City shall operate each service, program or activity so that when it's viewed in its entirety, is readily accessible to and usable by individuals with disabilities.  In the event that a structural change to a facility, including the public right-of-way, is needed to achieve program accessibility, the City will accept need-based requests from people with disabilities to evaluate, prioritize, and work out best possible solutions and timelines for barrier removal to meet requester's needs. 

  • Examples of Physical Accessibility Improvements:
    • Due to your mobility disability, request the addition of a curb ramp (or removal of another barrier) at a location related to your individual need to get to government offices, public facilities, medical care, transportation, work, shopping, or another location. 
    • Due to your vision disability, request an Audible Pedestrian Signal at a location related to your individual need for travel route. 
    • Due to your use of a wheelchair with limited reach, request the relocation of a push-button actuated door, or other control feature, to be within your reach level. 

Requests can be made by contacting the ADA Coordinator.

 

Ask for Communication Auxiliary Aid/Service

The City will take appropriate steps to ensure that communications with members of the public with disabilities are as effective as communications with others. This may be achieved through a request by a person with a disability to have alternate format communication material, or auxiliary aids or services needed due to their disability. 

  • Examples of Communication Auxiliary Aids or Services:
    • Due to your vision disability, request a large font printed version of materials. 
    • Due to your deafness or hard hearing disability, request an American Sign Language Interpreter or captioning for a meeting.
    • Due to your deafness or hard of hearing disability, conduct phone conversations with the City by using Oregon Relay Service.

Requests can be made by contacting the department where you are doing business or the ADA Coordinator.

 

ADA & Title VI Grievance Process 

The City of Hermiston has established the following complaint/grievance procedure in accordance with federal law to provide a process for prompt and equitable resolution of complaints alleging discrimination on the basis of disability (ADA). 

If discrimination of this type has happened to you from a City of Hermiston program, service or activity, please file your complaint as soon as possible, preferably no later than 30 days after the incident to allow for effective investigation. To be a viable complaint, your submission must have as much information as possible from the list under "Gather your information" which is listed below. 

The City can only respond to alleged incidents involving the operations of the City of Hermiston. We may not investigate or respond to discrimination complaints about other entities. This procedure does not apply to complaints of employment-related discrimination, which are subject to handling by the City's Human Resources Department.

If you need alternate format communication, a modified procedure, or other assistance, please contact the ADA Coordinator listed below.

 

File a Complaint

Step 1-Gather Your Information & Place your Grievance in Writing

Your complaint must include the following information to the extent it is known. Please note that no incident can be investigated, or discrimination identified, without sufficient facts about the matter. 

  1. When did this occur? Date and time.
  2. Where did it happen? What City facility was it? Address, if known.
  3. What happened? How were you discriminated against?
  4. Which department, program, or person was involved?
  5. What remedy do you think would resolve the situation?
  6. Any other supporting information to explain your complaint?
  7. Your complete current contact information.

Step 2-Submit Form

Once you have completed your written Complaint/Grievance, please return it to ADA & Title VI Coordinator Contact below. 

 

What to Expect once you have filed your Complaint/Grievance

Step 1-Acknowledgment

Your complaint will be reviewed for complete information and timely submission. You will receive an acknowledgment of receipt of your complaint within 10 business days. It will include an initial determination of whether or not there is enough information for investigation.
 

Step 2-Investigation

The detail of the information provided in the complaint will determine how far an investigation can go.

The incident will be investigated by the ADA Coordinator through an informal but thorough process, considering all information from your report and the City department and/or people involved.

You may be contacted for additional information. 

 

Step 3- Resolution

The ADA Coordinator will respond to your complaint, in writing, no later than 30 business days from the date a completed complaint is recieved, with a determination made as to whether or not there are any potential findings sustained by the investigation or a need for further resolution. Your suggested remedy or resolution will be considered.
 

Step 4- If needed, Filing a Reconsideration

If you are not satisfied with the outcome provided by the ADA Coordinator, you may request a reconsideration in writing within 30 business days of receiving the ADA Coordinator’s response explaining why you want the matter reconsidered. Request must be made to:
Richard Tovey
City Attorney
180 NE 2nd Street, Hermiston, OR 97838
email 

The Legal Department or designee will then review the matter and investigation, and manage any additional investigation, if warranted.

You will receive a written answer of reconsideration within 30 business days after receipt of a request to reconsider.

The determination of the Legal Department or designee is final for the City of Hermiston's good faith effort at resolving the complaint agreeably at an organizational level.

Notice is provided here that engaging in the City’s Complaint Grievance Process does not preclude any other possible remedies that may be allowed by the ADA or other applicable authorities.

 

ADA & Title VI Coordinator Contact

The ADA and Title VI requires that a specific person be designated as a Coordinator responsible for the administrative requirements applicable to these regulations. The role of the Coordinator includes:  

  • Coordinating compliance activities of the City related to nondiscrimination in its programs and services.
  • Assisting citizens with request for program modifications, improvements of physical accessibility of existing facilities, or auxiliary aids and services needed due to a disability or Limited English Proficiency.
  • Managing the City’s Complaint/Grievance Procedure for complaints of alleged discrimination by the City under the ADA, Title VI or related authorities.
  • The following person has been designated as the ADA and Title VI Coordinator and may be contact at:

Lilly Alarcon-Strong
Executive Assistant/City Recorder
City of Hermiston
180 NE 2nd Street, Hermiston, OR 97838
541-667-5004
email

 

 

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