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Americans with Disabilities Act/Section 504 Policy Statement
The Town of Nags Head prohibits discrimination of the basis of a disability with respect to all terms and conditions of employment and access to its activities, programs, and services. Any interference, coercion, restraint, retaliation, or reprisal of any person alleging disability discrimination is prohibited.
For the purposes of this policy, an individual with a disability is defined as any person who:
- Has a physical or mental impairment that substantially limits one or more major life activities;
- Has a record of such an impairment; or
- Is regarded as having such an impairment.
The Town of Nags Head is committed to:
• Providing reasonable accommodation for an individual with a disability to participate in employment, activities, programs, and services and has established procedures to allow persons with a disability to request reasonable accommodations;
• Providing access to persons using town-maintained buildings, facilities, roads, sidewalks, crosswalks, and other pedestrian or vertical facilities; and
• Ensuring that communications with applicants, participants, beneficiaries, members of the public, and companions with disabilities are as effective as communications with others. Auxiliary aids/services shall be provided upon request to individuals with a disability, such as (but not limited to) sign language interpreters, readers, braille, and large print text. In addition, anyone with a hearing or speech impairment may use Relay NC, a telecommunications relay service, to call any Town of Nags Head entity. Relay NC can be accessed by dialing 711 or 1-877-735-8200.
The Town of Nags Head has an ADA Coordinator, Cory Tate, who can answer ADA related questions and handle reasonable accommodation requests as well as provide information on established procedures for filing a complaint alleging discrimination on the basis of a disability. The ADA Coordinator can be contacted at (252) 449-6043, through email at firstname.lastname@example.org, or by regular mail P.O. Box 99, Nags Head, NC 27959. Any questions or comments concerning this policy should be referred to the ADA coordinator.
Section 504 Grievance Procedure
The Town of Nags Head (or the Town) prohibits discrimination on the basis of disability. The Town has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) of the U.S. Department of Health and Human Services regulations implementing the Act. Section 504 prohibits discrimination on the basis of disability in any program or activity receiving public financial assistance.
Any person who believes she or he has been subjected to discrimination on the basis of disability may file a grievance under this procedure by contacting the Town of Nags Head ADA Coordinator (contact information provided below). It is against the law for The Town of Nags Head to retaliate against anyone who files a grievance or cooperates in the investigation of a grievance.
- Grievances must be submitted to the ADA Coordinator within 15 days of the date the person filing the grievance becomes aware of the alleged discriminatory action.
- A complaint must be in writing, containing the name and address of the person filing it. The complaint must state the problem or action alleged to be discriminatory and the remedy or relief sought.
- The ADA Coordinator shall conduct an investigation of the complaint. This investigation may be informal, but it must be thorough, affording all interested persons an opportunity to submit evidence relevant to the complaint. The ADA Coordinator will maintain the files and records of The Town of Nags Head relating to such grievances.
- The ADA Coordinator will issue a written decision on the grievance no later than 30 days after its filing.
- The person filing the grievance may appeal the decision of the ADA Coordinator by writing to the Town of Nags Head Board of Commissioners within 15 days of receiving the ADA Coordinator’s decision. The Town of Nags Head Board of Commissioners shall issue a written decision in response to the appeal no later than 30 days after its filing.
- The availability and use of this grievance procedure does not prevent a person from filing a complaint of discrimination on the basis of disability with the U. S. Department of Health and Human Services, Office for Civil Rights.
The Town of Nags Head will make appropriate arrangements to ensure that disabled persons are provided other accommodations, if needed, to participate in this grievance process. Such arrangements may include, but are not limited to, providing interpreters for the deaf, providing taped cassettes of material for the blind, or assuring a barrier-free location for the proceedings. The ADA Coordinator will be responsible for such arrangements.
The Law and Regulations may be examined at The Town of Nags Head Town Hall, or other location as arranged.
The Town of Nags Head ADA Coordinator is Chief Building Inspector Cory Tate. Mr. Tate may be reached by calling (252) 449-6043, by email at email@example.com, or by regular mail sent to P.O. Box 99, Nags Head, NC 27959.