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HomeMy WebLinkAbout2025-043 - Res. Adopting the Mason County Americans with Disabilities Act for Public Right-of-Way(360)427-9670www.masoncountywa.gov/publicworks Mason County Public Works Americans with Disabilities Act (ADA) Transition Plan for Public Right-of-Way Mason County ADA Transition Plan Page 1 of 29 Adopted: June ___, 2025 by Resolution No. 2025-_____ Mason County ADA Transition Plan Page 2 of 29 Contents Title VI Public Notice ..................................................................................................... 3 Introduction ................................................................................................................. 3 ADA Self-Evaluation and Transition Plan Requirements and Process ........................... 4 Public Outreach ........................................................................................................ 5 Policy Statement .......................................................................................................... 5 Official Responsible for Implementation ....................................................................... 6 Accessibility Methods and Standards ............................................................................ 7 Providing Notice about the ADA Requirements .............................................................. 7 Administrative Policies and Procedures......................................................................... 8 Program Accessibility and Policy Review Summary .................................................... 8 Emergency Evacuation Procedures ............................................................................ 8 Notice Requirements ................................................................................................ 9 Printed Information ................................................................................................... 9 Training and Staffing .................................................................................................. 9 Program Participation ............................................................................................. 10 Public Meetings ...................................................................................................... 10 Contracting, Licensing, or Other Arrangements ........................................................ 11 Special Events and Private Events on Public Properties ............................................ 11 Approach for Barrier Removal .................................................................................. 11 Barrier Prioritization ................................................................................................ 12 Transportation Facilities .......................................................................................... 13 Barrier Assessment ................................................................................................. 13 Barrier Inventory Map .............................................................................................. 13 Barrier Prioritization ................................................................................................ 13 Transportation System Schedule ............................................................................. 13 Appendix 1: Self Evaluation ................................................................................. ..........14 Appendix 2: Americans With Disabilities Act Policy ...................................................... 15 Appendix 3: Bullying, Discrimination and Harassment Policy ....................................... 18 Appendix 4: Public Notice ........................................................................................... 22 Appendix 5: Designating ADA Compliance Coordinator & Grievance Procedure ............ 23 Mason County ADA Transition Plan Page 3 of 29 Title VI Public Notice ENGLISH Title VI Notice to Public: It is Mason County’s policy to assure full compliance with Title VI that no person shall, on the of the Civil Rights Act of 1964 as amended, The Civil Rights Restoration Act of 1987, and related statues and regulations in all programs and activities. Title VI and related laws requires that no person shall, on the grounds of race, color, sex, or national origin be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination under any Federal Aid Highway program or other activity for which Mason County receives Federal financial assistance. Any person who believes they have been aggrieved by an unlawful discriminatory practice under Title VI has a right to file a formal complaint with Mason County. Any such complaint must be in writing and filed with the Mason County Title VI Coordinator within one hundred eighty (180) days following the date of the alleged discriminatory occurrence. The Title VI Complaint Procedures and Form may be obtained from the Title VI Coordinator at no cost to the complainant by calling (360) 427-9670 and is available on the County website www.masoncountywa.gov. Americans with Disabilities Act (ADA) Information: This material can be made available in an alternate format by calling (360)427-9670. ESPAÑOL Notificación de Titulo VI al Público: Es política del condado de Mason garantizar el pleno cumplimiento del Título VI de que ninguna persona deberá, según la Ley de Derechos Civiles de 1964, según enmendada, la Ley de Restauración de Derechos Civiles de 1987 y los estatutos y reglamentos relacionados en todos los programas y actividades. El Título VI y las leyes relacionadas exigen que ninguna persona, por motivos de raza, color, sexo u origen nacional, sea excluida de la participación, se le nieguen los beneficios o sea sometida a discriminación en virtud de cualquier programa de Carreteras de Ayuda Federal o otra actividad para la cual el condado de Mason recibe asistencia financiera federal. Cualquier persona que crea que ha sido agraviada por una práctica discriminatoria ilegal según el Título VI tiene derecho a presentar una queja formal ante el condado de Mason. Cualquier queja de este tipo debe realizarse por escrito y presentarse ante el Coordinador del Título VI del condado de Mason dentro de los ciento ochenta (180) días siguientes a la fecha del presunto suceso discriminatorio. Los procedimientos y el formulario de quejas del Título VI se pueden obtener del Coordinador del Título VI sin costo para el demandante llamando al (360) 427-9670 y están disponibles en el sitio web del condado www.masoncountywa.gov. americanos con Información sobre la Ley de Discapacidades (ADA): este material puede estar disponible en un formato alternativo a través de llamando al (360)427-9670. Introduction The American with Disabilities Act (ADA) was signed into law in 1990, and it has been an essential component in ensuring that individuals with disabilities have equal access to public facilities, programs, and services. The purpose of the ADA is to prohibit discrimination against individuals with disabilities and to ensure that they have access to the same opportunities and benefits as individuals without disabilities. The ADA covers a wide range of areas, including employment, transportation, telecommunications, and public accommodations. Mason County ADA Transition Plan Page 4 of 29 Mason County recognizes the importance of providing accessible facilities, programs, and services to all individuals, including those with disabilities. As a local government entity, Mason County has a responsibility to comply with the ADA and provide access to all its services and programs. and as such they may not be fully accessible to individuals with disabilities. This is where the ADA Transition Plan comes in. To achieve this end, the County is developing an ADA (Americans with Disabilities Act) Self- Evaluation and Transition Plan for the Public Right-of-Way, in compliance with federal and state law. The purpose of this ADA Transition Plan for Mason County is to identify and prioritize the removal of barriers that prevent individuals with disabilities from accessing county facilities, programs, and services, and to develop strategies to make those spaces more inviting. This plan will help Mason County identify areas that need improvement, prioritize those improvements, and develop a timeline for implementation. By implementing this plan, Mason County can ensure that individuals with disabilities have equal access to all that the county has to offer. The County is undertaking this Plan in phases. The initial scope of the County’s ADA Transition Plan includes inventory of sidewalks, pedestrian signals, and curb ramps that are part of Mason County’s transportation network. As a rural park facility, County programs, services and activities will be evaluated and added in future Phases of the County’s ADA Transition Plan. ADA Self-Evaluation and Transition Plan Requirements and Process The ADA Self-Evaluation and Transition Plan is intended to provide a framework for the continuous improvement of County programs and facilities for people with disabilities. The Plan is intended to be a living document that is regularly updated as programs and services change, as barriers are removed, and new facilities come under ownership or control of the County. The ADA Self-Evaluation identifies and makes recommendations to correct policies and practices in the County’s programs and services that are inconsistent with regulations and result in limited access for people with disabilities. As part of the Self -Evaluation, the County: •Evaluates services, policies, and practices. •Identifies modifications needed to services, policies, and practices; and •Involves people with disabilities in the self-evaluation process. Programs, activities, and services offered by the County to the public must be accessible for people with and without disabilities. Accessibility applies to all aspects of programs or services provided by the County, including: •Accessible/adaptive equipment.•Public meetings. •Contracting, licensing, or other arrangements. •Customer service. •Emergency evacuation procedures. •Special events and private events on public properties. •Telephones and communication devices. Mason County ADA Transition Plan Page 5 of 29 •Facilities. •Notice requirements. •Printed information. •Program participation. •Televised and audiovisual information. •Tours and trips. •Training and staffing. •Transportation services. The Transition Plan is a document that outlines a strategy for the County to progress toward compliance with the ADA. The Transition Plan identifies physical barriers for persons with disabilities and a schedule to remove those barriers over time and must: •List barriers. •Identify feasible solutions to each barrier. •Establish a timeline for removing barriers. •Identify the person responsible for ADA compliance; and •Involve people with disabilities in the preparation of the Plan. Public Outreach Mason County is committed to ensuring that all individuals, including those with disabilities, have equal access to County programs, services, and facilities. As part of this commitment, Mason County is conducting this ADA Self-Evaluation and Transition Plan and will continue to update this plan on a regular basis to keep it current. We invite individuals with disabilities and organizations that represent them to participate in the self- evaluation process by providing comments on this plan. Their input is essential to help us identify barriers, prioritize projects, and develop a plan to make the County more accessible. Public meetings will be scheduled to gather feedback from people with disabilities, those that help or services to others with disabilities, senior citizens, and those with experience and knowledge of ADA planning and requirements. Participants had an opportunity to share their opinions and experiences related to County facilities, programs, and services, and their input was incorporated into the final document. Policy Statement Mason County is fully committed to adhering to the Americans with Disabilities Act (ADA) and other relevant laws that safeguard the rights of individuals with disabilities. The County prioritizes ensuring equal access to its facilities, programs, and servi ces for all individuals, and fostering a culture of inclusion and accessibility across its operations. Mason County aims to provide individuals with disabilities with the same opportunities as those without disabilities to participate in and benefit from County programs and services. This commitment extends to all County employees, elected officials, contractors, and members of the public. The County will make reasonable modifications to its policies, practices, and procedures to ensure access to County programs and services for individuals with disabilities, Mason County ADA Transition Plan Page 6 of 29 unless such modifications fundamentally alter the nature of the program or service or cause an undue burden to the County. This ADA Transition Plan is a living document that will be regularly updated to identify and address new barriers to accessibility in County facilities, programs, and services. Mason County is committed to reviewing and revising the plan regularly to ensure it remains effective and up to date. The County will actively seek input from individuals with disabilities and community organizations on an ongoing basis, including through surveys on the Public Works website, public meetings for major plan updates, and other channels such as maintenance requests, to continuously refine and improve the plan. This ADA transition plan is a living document. The County plans to continue to maintain this ADA Transition Plan regularly to identify newly identified or removed barriers to accessibility in County facilities, programs, and services, and outline a plan to remove those barriers. The County will regularly review and update the ADA Transition Plan to ensure that it remains current and effective. The County will seek input from individuals with disabilities and community organization on an ongoing basis and at critical milestones in the transition plan to help refine the plan via a survey on the Public Works website, public meetings for major plan updates on a regular cycle, and by incorporating comments received through other channels, such as maintenance requests. Official Responsible for Implementation The Mason County Risk Manager has been designated as Mason County’s ADA coordinator, serving as the official responsible for implementing the ADA Transition Plan, coordinating efforts to comply with the ADA, and serving as a point of contact for individuals with disabilities who have questions or concerns about accessibility issues. The ADA coordinator is responsible for overseeing the county’s compliance with the ADA, including the development and implementation of the Transition Plan. The ADA coordinator will continue to work closely with staff and individuals with disabilities to e nsure that the Transition Plan is implemented effectively. For questions related to these concerns or about the content of this report, please contact ADA Coordinator/Risk Manager Nichole Wilston at: (360) 427-9670, Ext. 643; Email: nwilston@masoncountywa.gov The ADA coordinator’s responsibilities include organizing and communicating the County’s ADA efforts, including through website updates and facilitating public meetings. The ADA coordinator was responsible for overseeing the self-evaluation process, primarily conducted by the Department of Public Works, ensuring that it is comprehensive and inclusive. The ADA coordinator worked with an internal team comprised of county staff to update and implement recommended steps. The ADA coordinator ensured that the team uses the ADA standards for accessible design as a guide to identify physical barriers and reviews policies, practices, and procedures that may create barriers to accessibility. The ADA coordinator works with County leadership to allocate resources for implementing the Transition Plan. This may include securing funding, staffing, and equipment. The ADA coordinator also ensures that county staff and contractors are trained on their responsibilities for providing accessible programs, services, and activities. The coordinator will monitor progress in implementing the Transition Plan and ensure that barriers are being removed according to the prioritized schedule. The ADA coordinator will work with the team to address any issues that arise during implementation . The coordinator will Mason County ADA Transition Plan Page 7 of 29 also review and update the Transition Plan on an ongoing basis, in consultation with Public Works and facilities staff as well as individuals with disabilities as needed to ensure that it remains current and effective. Overall, the ADA coordinator will be the county’s point person for ensuring that all people, including those with disabilities, have access to county program, services, and activities. Accessibility Methods and Standards Accessibility methods are described under specific projects in subsequent sections, but to the extent practicable, the primary standard referred to identify specific methods to remove or modify identified barriers will be the 2011 Public Rights-of-Way Accessibility Guidelines (PROWAG), with the 2010 ADA Standards for Accessible Design (ADAAG) standards adopted where the 2011 PROWAG is silent. These standards will be used to inform other relevant County specific standards, such as the updated Road Standards. Providing Notice about the ADA Requirements The Mason County continues to provide notice to the public and employees about its commitment to comply with the ADA and its requirements. The notice has been provided in English and Spanish and can be provided in alternative formats upon request to be easily accessible to individuals with disabilities. The notice is provided on the County website and in County facilities. The notice includes information about how to file a complaint about accessibility, and how to contact the ADA coordinator. The County also provides notice to employees about its commitment to comply with the ADA and its requirement. The notice will be provided through employee training and communication materials posted on bulletin boards. The notice includes information about the county policies and the role of the ADA coordinator, and how to report accessibility issues. The county will regularly review and update its notice provisions to ensure that they remain current and effective. The ADA coordinator will be responsible for ensuring that notice provisions are implemented throughout the county. EMPLOYMENT: Mason County will not discriminate against individuals with disabilities in employment under any local government service, program, or activity. The County will provide reasonable accommodations to enable qualified individuals with disabilities to perform the essential functions of their job, unless doing so would result in an undue hardship. EFFECTIVE COMMUNICATION: Mason County will take appropriate steps to ensure that communication with applicants, participants, and members of the public with disabilities are as effective as communications with others. We will provide auxiliary aids and services, such as written meeting proceedings and digital plain text materials, as needed and requested, unless doing so would result in an undue burden. MODIFICATION TO POLICIES AND PROCEDURES: Mason County will make reasonable modifications to policies, practices, or procedures when necessary to avoid discrimination based on disability, unless a fundamental alteration in a local government program would result. The County will also provide alternative methods of accessing our programs and services upon Mason County ADA Transition Plan Page 8 of 29 request when physical barriers exist, unless doing so would result in an undue burden to the County. Administrative Policies and Procedures Program Accessibility and Policy Review Summary Mason County conducted a self-evaluation of the County’s existing ADA-related administrative policies and procedures identified in the WSDOT LAG Manual Chapter 29 Checklist. See Appendix 1. Official Responsible to Implement the ADA Transition Plan The County has designated Michael Collins, P.L.S., P.E., County Engineer, as the official responsible for the implementation of the ADA Transition Plan. As County Engineer, Michael Collins is tasked with overseeing the full implementation of the plan, including ensuring compliance with all ADA requirements related to the public right-of-way. He will also serve as the primary contact for any inquiries or concerns regarding the County 's ADA Transition Plan. For further information or questions, please contact: Michael Collins, P.L.S, P.E., County Engineer Mason County Public Works 100 W Public Works Drive Shelton, WA 98584 Phone: (360) 427-9670, Ext. 450 E-mail: mcollins@masoncountywa.gov ADA Coordinator/Risk Manager The County has designated Nicole Wilston, Risk Manager, as the County’s ADA/504 Coordinator. Contact information is provided below. Nicole Wilston, ADA Coordinator and Risk Manager Mason County Human Resources 411 N 5th Street, Shelton, WA 98584 Phone: (360) 427-9670, Ext. 643 E-mail: nwilston@masoncountywa.gov Emergency Evacuation Procedures Life and safety protocols and procedures for emergency evacuations should include plans for people with disabilities. The County is responsible for ensuring that staff are aware of these procedures and are trained to implement them during an emergency. Issues that have the greatest impact on people with disabilities during emergencies include notification, evacuation, emergency transportation, access to medications, refrigeration, and backup power, access to their mobility devices or service animals while in transit, and access to information. This responsibility falls under the purview of the Mason County Emergency Management Agency. Mason County ADA Transition Plan Page 9 of 29 Notice Requirements Under Title II regulations, Mason County is required to provide notice to the public regarding the rights and protections provided by the ADA for access to public programs, services, and activities. This notice should be provided on an ongoing basis, whenever necessary. It is the responsibility of the head of the public entity to determine the most effective way of providing notice to the public about their rights and the public entity’s responsibilities under the ADA. Required Actions • The county must continue to provide public notice about their commitment to providing accessible services. • The county must continue to publish the ADA complaint and grievance procedures to provide fair and prompt resolution of accessibility-related complaints. • The county must provide public notice to inform interested people about the existence and location of accessible services, programs, activities, and facilities. • The county must provide information about the availability of program modifications for people with disabilities. • The county must ensure that people claiming a violation of these requirements are not retaliated against or discriminated against for making such a claim. Printed Information To comply with the ADA's communication standards, departments in Mason County must provide information in alternative formats upon request, such as braille, large print, and electronic formats. Required Actions • Provide alternative formats for printed information, upon request. • Address requests for other alternative formats for lengthy documents on an individual basis. Recommended Actions • Ensure print documents are readily available to County staff or on the County’s website in a digital format accessible to screen readers. Training and Staffing To ensure that all members of the public have equal access to County services, programs, and activities, it is important for County staff to be knowledgeable about disabilities awareness, standards, and resources. This includes staff members who interact with the public and those who maintain County facilities. Required Actions • Ensure that County staff are knowledgeable in providing accessible services, programs, and activities for the public and that accessible facilities are maintained in working order. Mason County ADA Transition Plan Page 10 of 29 Recommended Actions • Provide all County staff members with all necessary and relevant ongoing awareness and sensitivity training. • Provide training to County staff members who have contact with the public about how to provide modifications and use assistive devices to make their programs, activities, and services accessible. Program Participation Mason County is committed to ensuring that all programs, services, and activities are accessible to people with disabilities, unless providing access would fundamentally alter the nature of the program, service, or activity or would create an undue financial or administrative burden. This means that the County must make reasonable modifications to its programs and services to ensure that individuals with disabilities can fully participate as possible. Required Actions • Include individuals with disabilities in regular programs to the maximum extent possible. This means that the County should make every effort to include people with disabilities in its regular programs and services. • Ensure that when the County determines it necessary to exclude or limit the participation of people with disabilities to ensure the safe operation of programs or services, those determinations are based on real risks, not on speculation, stereotypes, or generalizations. This means that the County should base decisions to exclude or limit the participation of people with disabilities on real risks to safety. • Ensure that when interviews are required for program participation, they are held in an accessible location and that alternative formats or auxiliary aids are provided upon request. This means that the County should ensure that interviews are conducted in accessible locations and that people with disabilities are provided with any necessary auxiliary aids or services to ensure effective communication during the interview process. Recommended Actions • Increase outreach to persons with disabilities and the organizations that serve them to ensure program accessibility. The County should work to increase its outreach efforts to people with disabilities and disability organizations to ensure that they are aware of the programs and services that are available, and that they are able to provide feedback on how to make these programs and services more accessible. • Offer alternative formats for participation like surveys or zoom meeting attendance where practicable. Public Meetings The main objective of any public meeting is to impart and solicit information on public issues of importance to the local government. Where these meetings are held is an important consideration in meeting the requirements of the ADA. Required Actions Mason County ADA Transition Plan Page 11 of 29 • Ensure that public meetings are held in accessible facilities to accommodate the participation of people with mobility disabilities. In the case of the public meetings, these were held in accessible facilities at the County Annex and South County Administrative Building, with Zoom and remote options additionally available and advertised to the public. • Provide agendas and other meeting materials in alternative formats upon request. • Provide flexibility in the time limit on speaking for individuals with communication difficulties. • Provide accessible meeting spaces to facilitate the scheduling of meetings and/or the relocation of meetings upon request. Recommended Actions • Provided an opportunity for attendees to submit questions in advance through online feedback forms as well as email and phone contact information. • When possible, provide meeting content in advance of the meeting. Contracting, Licensing, or Other Arrangements Public agencies often rely on contractors, licensees, consultants, and other entities to provide services. It's important to note that these entities are required to follow the same ADA regulations as the County. Required Actions • Ensure that contractors, licensees, consultants, and other entities providing services for the County comply with the ADA regulations by including specific related language in contract documents and solicitations. Recommended Actions • Educate contractors, licensees, and other entities about their responsibility to ensure that County programs and activities are accessible. • Monitor programs and activities to ensure ongoing accessibility. • Provide information and a checklist to inform contractors, licensees, and other entities of their responsibilities under the ADA to make programs and activities accessible. • Monitor best practices from nearby jurisdictions in contract language or information materials through the Risk Pool and Prosecutor’s Office. Special Events and Private Events on Public Properties All events on public property should be accessible to people with disabilities wherever possible. When a public agency rents its properties to a third party for special events, the responsibility for maintaining an accessible environment is temporarily deferred to the tenant. Approach for Barrier Removal • The County will continue to take barrier removal requests and complete upgrades that can be completed within the operations and maintenance budget. Mason County ADA Transition Plan Page 12 of 29 • The County currently has a pavement management program that schedules roadway rehabilitation and maintenance over a rolling schedule. The County plans to review public right-of-way barriers during the implementation of this Plan and address those barriers that can be resolved as part of the ongoing pavement maintenance and rehabilitation program. • At the time of this Plan, the County recently completed the updating of the Road Standards, following the recommendations identified during the self-evaluation process to ensure that accessible facilities are constructed. This effort was completed and adopted in 2024. • Any new capital construction projects will address barriers within the footprint of the project. • The County will continue to expand the GIS inventory to include useful information for barrier removal planning, such as linking existing maximum extent feasible (MEF) documentation to the curb ramp inventory. • The County will consider the development of a maintenance program for sidewalks and other ADA facilities. • The County will explore policy options that engage property owners in the maintenance of the sidewalks adjacent to their properties. If the County does become aware of any barrier in the future, the prioritization criteria for assigning the barrier removal phasing schedule will be developed using Title II regulation § 35.150(d)(2). Barrier Prioritization The County transportation infrastructure currently provides accessible transportation infrastructure, so project prioritization in the future is important to continue to provide accessibility and to maximize the impact of limited investment. If the County does become aware of any barrier, the prioritization criteria for assigning the barrier removal phasing schedule will be developed using Title II regulation § 35.150(d)(2). If a public entity has responsibility or authority over streets, roads, or walkways, its transition plan shall include a schedule for providing curb ramps or other sloped areas where pedestrian walks cross curbs, giving priority to walkways serving entities covered by the Act, including State and local government offices and facilities, transportation, places of public accommodation, and employers, followed by walkways serving other areas. The prioritization criteria include the following: • Locations serving government offices and public facilities. • Locations serving transportation. • Locations serving commercial districts and employers; and • Locations serving other areas. In addition to the required criteria, the County has prioritized the following: Mason County ADA Transition Plan Page 13 of 29 • Location of citizen complaint/request (ADA Title II Program Access) Public comment will be sought as part of the May 2023 public meetings and incorporated in future updates to this plan. Transportation Facilities Mason County, as a rural area, has limited infrastructure related to pedestrian facilities like sidewalks, pedestrian signals, and curb ramps. Most of these facilities are owned and maintained by local municipalities (like the City of Shelton) or state agencies such as the Washington State Department of Transportation (WSDOT). Here’s a breakdown of the status of these facilities: Barrier Assessment 1. This sidewalk on Lakeland Drive is in Allyn, WA. The sidewalk runs from Wheelwright Street North to SR-3 right-of way in the east-west direction and is approximately 650 feet in long. Both ends of the sidewalk, and at the driveway curb cuts, provide current ADA transitions and access, and no part of the sidewalk impeded access or use by anyone with or without disabilities. 2. This sidewalk on Clifton Lane is in Belfair, WA. The sidewalk runs in the southeast – northwest direction, is located on the south side of Clifton Lane. It begins at SR-3 right-of- way and terminates at SR-300 right-of-way at the intersection of Clifton Lane and SR-300. The approximate length is 1056 feet. Both ends of the sidewalk, and at the driveway curb cuts, provide current ADA transitions and access, and no part of the sidewalk impeded access or use by anyone with or without disabilities. 3. This sidewalk on Old Belfair Highway is in Belfair, WA. The sidewalk runs in the north-south direction and is located on the west side of Old Belfair Highway. It begins at SR -300 right-of- way and terminates at a northern approach to a private driveway (The Hub). This sidewalk was constructed using current ADA requirements and standards for sidewalks. The approximate length is 650 feet. Both ends of the sidewalk, and at the driveway curb cuts, provide current ADA transitions and access, and no part of the sidewalk impeded access or use by anyone with or without disabilities. 4. Pedestrian actuated cross walk at Sand Hill Playground. This crossing was designed and installed using current ADA requirements and standards. At the time of construction, shoulder widening was added on both sides of the crosswalk to allow for full access by anyone with or without disabilities. There are no access barriers. Barrier Inventory Map There are no known barriers to County transportation facilities currently. Barrier Prioritization Priority will be given to walkways serving entities covered by the Act, including State and local government offices and facilities, transportation, places of public accommodation, and employers, followed by walkways serving other areas. Transportation System Schedule No schedule currently. Mason County ADA Transition Plan Page 14 of 29 Appendix 1: Self Evaluation MASON COUNTY ADA TRANSITION PLAN SELF-EVALUATION PERFORMED This ADA Self-Evaluation, recently performed for the County right-of-way, attempts to identify and make recommendations to correct policies and practices in the County’s Public Works programs and services that are inconsistent with regulations and that wil l result in limited access for people with disabilities. As part of the Self-Evaluation, the County has: •Evaluated services, policies, and practices regarding barrier inventory. •Identified future standards so that modifications won’t be needed to accommodate ADA requirements in services, policies, and practices. •Adopted new Road Standards incorporating ADA Standards and requirements. Programs, activities, and services offered by the County to the public must be accessible for people with and without disabilities. Accessibility applies to all aspects of programs or services provided by the County, including: •Accessible/adaptive equipment •Contracting, licensing, or other arrangements •Customer service •Emergency evacuation procedures •Facilities •Notice requirements •Printed information •Program participation •Public meetings •Special events and private events on public properties •Telephones and communication devices •Televised and audiovisual information •Tours and trips •Training and staffing •Transportation services This Transition Plan addresses County transportation right-of-way barriers and accessibility. The final ADA Plan and document will outline a strategy for the County Departments to progress toward compliance with the ADA. The Transition Plan investigated physical barriers for persons with disabilities with a plan to schedule removal of those barriers over time. There were no barriers found in the initial investigation. It is anticipated that in the ADA Plan the following, compiled for each County Department, will include: •List of barriers. •Feasible solutions to each barrier. •Establishment of a timeline for removing barriers. Mason County ADA Transition Plan Page 15 of 29 Appendix 2: Americans With Disabilities Act Policy Objective This policy ensures that Mason County complies with the requirements of the Americans with Disabilities Act of 1990 and is consistent with Section 504 of the Rehabilitation Act of 1973. Non-Discrimination and Harassment Policy Mason County is committed to ensuring that persons with disabilities are not unlawfully discriminated against in employment with the County and in access to its programs, services and activities. To enforce this commitment, the County adopted Non - Discrimination and Harassment Policy attached to this policy as Appendix 3. This policy has been provided to all employees. Employees have also received training on these issues. Notices A notice shall remain posted in all County facilities that inform applicants, participants, beneficiaries and other interested parties of their rights and protections afforded by the ADA. This notice states who the County’s ADA Coordinator is and how to contact them. This notice is attached to this policy as Appendix 4. The County also posts the required Equal Employment Opportunity is the Law poster in all its facilities. ADA Coordinator The Risk Manager has been designated as the ADA Coordinator for the County. The ADA Coordinator is responsible for coordinating the County’s efforts to comply with Titles I & II of the ADA and investigate any complaints of ADA-related discrimination. Resolution No. 27-19 designating the ADA Coordinator is attached to this policy as Appendix 5. The ADA Coordinator shall work with department officials to assist them in complying with the requirements of these procedures. Grievance Procedures The County has adopted grievance procedures to resolve complaints of ADA violations. These procedures are attached to this policy as Appendix 5. Employment Mason County Americans With Disabilities Act Policy Mason County ADA Transition Plan Page 16 of 29 Mason County is an equal employment opportunity employer and will comply with all provisions of the Americans with Disabilities Act of 1990. Advertisements All Advertisements for employment will contain the following language, “Mason County is an Equal Opportunity Employer and Provider.” Application The County’s employment application has been reviewed and revised to assure that none of the questions solicit responses that are prohibited under the ADA. County applications shall contain the following language, “It is the policy of Mason County to provide equal opportunity in all terms, conditions, and privileges of employment for all qualified job applications and employees without regard to race, creed, color, national origin, sex, marital status, physical, mental, or sensory handicap or veterans status included disabled veterans and veterans of the Vietnam Era.” Each department official is responsible for processing applications for position openings within their department. Interviews The County shall provide reasonable accommodations to enable job applicants to have an equal opportunity during personal interviews and employment testing. These accommodations may include: an accessible location, an interpreter or a reader or use of assistive equipment. Reasonable accommodation requests shall be made of the department official of the department advertising the position opening. The department official may request assistance from the ADA Coordinator. Other Employment Activities The County Personnel Policy should contain the statement that, “It is understood that Mason County intends to provide equality of opportunity, consideration and treatment for all employees in all phases of employment.” These activities include job applications and recruitment; hiring and discharge; compensation and benefits; job assignments; advancement; annual and sick leave; job training; social and recreational activities; and any other terms, conditions and privileges of employment. Public Notices Publications notifying the public of a public meeting should include the following language, “Interpreters and/or visual and hearing aids are available at this public hearing upon request 10 days prior to the meeting. Contact: . This facility is considered barrier free and accessible.” Brochures, publications, booklets, posters, etc. Mason County ADA Transition Plan Page 17 of 29 All County brochures, publications, booklets, posters, etc. shall contain the following policy statement on non-discrimination: “Mason County programs and employment are available to all without discrimination. Administration.” Interpreters, Visual and Hearing Aids, Alternative Format Documents: Accessibility for deaf or hearing impaired: To connect by telephone with Mason County Government offices and departments, please utilize the Telecommunications Relay Service (TRS) by calling “7-1-1” or 1-800-833-6384. For detailed instructions on using the TRS please use the following link: http://www.dshs.wa.gov/altsa/odhh/telecommunication-relay-services Contracts The County currently includes the following statement in its contracts, “Mason County assures that no person shall on the grounds of race, color, national origin or sex, as provided by Title VI of the Civil Rights Act of 1964 and related statues, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any Mason County program or activity. For more information, please contact Mason County Public Works at (360) 427-9670, Ext. 450. Equipment Acquisition/Adaptation Wherever possible, department officials shall purchase office equipment that can be readily and cost-effectively modified for people with disabilities. Since it is not feasible to project the type of equipment that may be needed in the future to accommodate someone with a disability, it is the County’s intention to address these needs on a case- by-case basis in a timely manner. Requests for Accommodations The Department Official for each department is responsible for responding to a request for accommodation. If funding for the requested accommodation is not available in the department’s budget, the official shall then present the request to the Board of County Commissioners. Undue Financial and Administrative Burdens The Board of Commissioners shall be responsible for determining when measures that need to be taken to assure that a County program is accessible would result in a fundamental alteration of the nature of the program or would present an undue financial and administrative burden. The Board shall issue a written statement of the reason(s) for reaching this determination. Mason County ADA Transition Plan Page 18 of 29 Appendix 3: Bullying, Discrimination and Harassment Policy CHAPTER 12 EQUAL EMPLOYMENT OPPORTUNITY 12.1 PURPOSE The purpose of this policy is to provide guidelines to Elected Officials, Department Heads, employees, volunteers, and members of the public to ensure equal employment opportunities regardless of a person's race, color, creed, national origin, gender, gender identity, sexual orientation, religion, age, veteran’s status, HIV status, genetic information, families with children, sensory, mental or physical disability, or any other protected class under federal or state statute. Additionally, the policy provides guidelines for identifying, reporting, and resolving claims of discrimination or related retaliation. 12.2 POLICY It is the policy of Mason County that no person shall be subjected to employment discrimination based upon their race, color, creed, national origin, gender, gender identity, sexual orientation, religion, age, veteran’s status, HIV status, genetic information, families with children, sensory, mental or physical disability, or any other protected class under federal or state statute. No individual shall be subjected to retaliation because they have exercised a right protected under the law such as submitting, assisting with, participating in the resolution or investigation of, a complaint of discrimination or harassment. Any form of retaliation is prohibited, will not be tolerated, and is subject to disciplinary action up to and including termination of emplo yment. The County will incorporate appropriate non-discrimination language in all its contracts and collective bargaining agreements. The words "Equal Opportunity Employer" will be included on employment applications and recruitment materials. To further promote the Board of County Commissioners' commitment to non-discrimination, the County will conduct periodic training on the Non-Discrimination & Harassment Policy and to clarify management and employee responsibilities for effective implementa tion. This Non-Discrimination & Harassment Policy will be distributed and reviewed in new employee orientation. 12.3 PROHIBITION OF DISCRIMINATION, HARASSMENT, AND RETALIATION Mason County is committed to a workplace that is free from unlawful discrimination, harassment, and retaliation. Discrimination, harassment, and retaliation are strictly prohibited. Complaints of discrimination, harassment, and retaliation are taken seriously and will be investigated and resolved in a timely manner. 12.3.1 Definitions MASON COUNTY BULLYING, DISCRIMINATION AND HARASSMENT POLICY Mason County ADA Transition Plan Page 19 of 29 Discrimination: The County prohibits discrimination against Elected Officials, employees, and volunteers based on race, color, creed, religion, national origin, ethnicity, age, sex, marital status, veteran status, sexual orientation, disability (known or perceived), or an y other protected class under federal or state statute. Harassment: Harassment is a form of discrimination that is unwelcome verbal or physical conduct directed toward or relating to a person on the basis of the person's race, color, creed, religion, national origin, ethnicity, age, sex, marital status, veteran's status, sexual orientation, or disability (known or perceived), where the conduct is sufficiently pervasive or severe as to alter the terms and conditions of employment. Such conduct can take many forms, including unwelcome slurs, comments, joking, touching, innuendo, gestures, display or transmission of materials, and other similar conduct. Employees who engage in harassment will be subject to disciplinary action, up to and including termination of employment. Sexual Harassment: Sexual harassment is a type of harassment that consists of unwelcome verbal or physical conduct directed toward or relating to a person because of their gender that is sufficiently pervasive or severe as to alter the terms or conditions of employment. Such conduct can take many forms including unwelcome slurs, comments, joking, touching innuendo, repeated request for dates, display or transmission of materials, gestures, compliments, and other similar conduct. Sexual harassment also includes unwelcome conduct based on an individual's gender where submission to the conduct or rejection of the conduct is used as a basis for employment decisions regarding the individual. Employees who engage in sexual harassment will be subject to disciplinary action, up to and including termination of employment. Retaliation Adverse employment action against employees for complaining in good faith of discrimination, harassment or retaliation, or for assisting or participating in an investigation of such complaints. Employees who engage in retaliation will be subject to discipl inary action, up to and including termination. 12.4 EMPLOYMENT OF PERSONS WITH DISABILITIES Mason County is committed to providing equal opportunities for current and potential County employees with disabilities. Every reasonable effort will be made to create an accessible work environment to the extent possible without undue hardship to the Coun ty. Judgements concerning the reasonableness of providing accommodation shall be made by the County on a case-by-case basis. It is the County’s responsibility to determine if a proposed accommodation is effective and reasonable. Employment practices will be administered to allow a person with a disability to participate at the same level as a person without a disability It is the responsibility of the person with the disability to disclose the existence of the disability if reasonable accommodation is to be requested. 12.5 EMPLOYEE RESPONSIBILITIES Each employee is responsible for supporting and adhering to this policy. It is the responsibility of all County employees to bring instances of inappropriate behavior to the attention of management. This includes employees who believe they are the recipient of discriminatory behavior as well as Mason County ADA Transition Plan Page 20 of 29 those who believe they have witnessed such behavior directed at another employee. Employees should never tolerate inappropriate or harassing behavior. If possible, they should make their feelings known to the offending employee. Whether they confront the harasser or not, employees must promptly report any offending behavior to their Department Head, Elected Official, or to the Human Resources Department. Employees are strongly encouraged to report concerns about discrimination or harassment before behaviors become severe or pervasive. This will assist the County in its efforts to stop discrimination or harassment before it rises to the level of a violation of anti-discrimination laws. 12.6 SUPERVISOR / MANAGER RESPONSIBILITIES When a supervisor, manager, department head or elected official suspects or has reason to believe that discriminatory behavior has occurred, they shall immediately notify the Director of Human Resources or the Office of the Prosecuting Attorney and report the incident. 12.7 COUNTY RESPONSIBILITIES County Management representatives will promptly and thoroughly investigate all reports of discrimination or harassment. Complaints against either the Human Resources Department or the Prosecuting Attorney's Office will be investigated by a non-county agency. Complaints of discrimination and harassment will be handled with sensitivity, discretion, and confidentiality to the extent allowed by the circumstances and the law. If the County concludes that a violation of this policy occurred, prompt and effective remedial action will be taken. This may include disciplinary action and/or other actions needed to remedy the effects of the discrimination and prevent further incidents. 12.8 COMPLAINT PROCEDURE Employees who feel that they may have been bullied, discriminated against or sexually harassed, or are aware of actions against another person that may be in violation of this policy, shall immediately contact either their immediate supervisor, their department official, or the Human Resources Department. Complaints should be submitted using the Mason County Internal Discrimination Complaint Form. If the complaint is reported to the employee's supervisor or department official, they will notify the Human Resources Department to perform the investigation. Any person may file a complaint under this policy when the person believes: 1. They have been the target of discrimination or harassment (including bullying ). 2. They have personal and first-hand knowledge of behavior believed to be in violation of this policy; or 3. They are being retaliated against for reporting behavior believed to be in violation of this policy. The complaint must be filed within 180 days of the alleged violation of this policy. The complaint should include a description of the alleged violation, the date it occurred, and the name, signature, Mason County ADA Transition Plan Page 21 of 29 address and phone number of the person filing the complaint. The complaint must include sufficient information to allow for investigation into the allegations. In addition to filing a complaint with Mason County, an individual may file a written complaint within one hundred and eighty (180) days of the alleged violation with the Washington State Human Rights Commission and/or the Equal Employment Opportunity Commission. Employees are encouraged to exhaust administrative remedies outlined in this policy before outside agencie s are consulted. The use of the County's internal discrimination complaint procedure is not a prerequisite to the pursuit of such statutory remedies. When an employee or union files both a grievance and an internal discrimination complaint regarding the same alleged acts or incidences, the investigation and processing of one shall be suspended until the other is completed. Mason County ADA Transition Plan Page 22 of 29 Appendix 4: Public Notice PUBLIC NOTICE Mason County complies with the Americans with Disabilities Act of 1990, Public Law 101-336 (ADA), which prohibits discrimination based on disability. The ADA, as applied to cities, counties, and other local governmental entities, requires that no qualified individual with a disability shall, based on a disability, be denied the benefits of local government services, programs, or activities. Accordingly, Mason County: Will take appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others. Will make reasonable accommodations in policies, practices, or procedures when necessary to avoid discrimination since disability, unless a fundamental alteration in a local government program would result. Will operate its programs so that, when viewed in their entirety, they are readily accessible to and usable by individuals with disabilities. Furthermore, Mason County: Will not refuse to allow a person with a disability to participate in a local government service, program, or activity simply because the person has a disability. Will not provide services or benefits to individuals with disabilities through programs that are separate or different, unless the separate programs are necessary to ensure that the benefits and services are equally effective. Will not subject individuals with disabilities to discrimination in employment under any local government service, program, or activity. For further information: In accordance with Section 35.106 of the ADA’s Title Two Regulations, all applicants, participants, beneficiaries, and other interested persons are advised that further information may be obtained from this local government and from the Office on the Americans with Disabilities Act, Civil Rights Division, U.S. Department of Justice, Washington, D.C. 20530-0001, (800) 514-0301 (Voice) or (800) 514-0383 (TDD). Nicole Wilston, ADA Coordinator, has been designated by Mason County to coordinate compliance with the non-discrimination requirements contained in Section 35.107 of the ADA’s Title II Regulations. Ms. Wilston can be reached at 411 N 5th Street, Shelton, WA 98584, phone (360) 427-9670 or email: nwilston@masoncountywa.gov. Americans with Disabilities Act Mason County ADA Transition Plan Page 23 of 29 Appendix 5: Designating ADA Compliance Coordinator & Grievance Procedure RESOLUTION NO. OarJ-00 Amends Resolution 27-19 and Title 2'Chapter 2.46 — Mason County's Americans with Disabilities Act Coordinators i WHEREAS, the United States Congress adopted the Americans with Disabilities Act of 1990 ADA) as amended; and WHEREAS, the ADA provides that the public entities like Mason County, shall not exclude disabled people from participating in the county's services, programs, activities and employment, and that the County shall not discriminate against disabled people or otherwise deny the disabled the benefit of County services, programs, activities and employment. Mason County, Washington, Code of Ordinances, Chapter 2.46 also designates the Risk Manager to be the designated contact and investigate complaints and grievances; and WHEREAS, Federal regulations require that the County designate at least one County employee to coordinate the County's efforts to comply with and carry out, the County's responsibilities under the ADA. NOW, THEREFORE, BE IT RESOLVED that effective on the date of this resolution, the Board of Mason County Commissioners herby designates the Risk Manager as Mason County's ADA Coordinator for any internal or external complaints or grievances (see attachment A); BE IT FURTHER RESOLVED that the ADA Coordinator shall post Mason County's ADA Grievance Procedure (Exhibit A) and Notice of Nondiscrimination (Exhibit B) in all County buildings. Oared ,s ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON McKenzie Smitfi, Cle\r-k of the Board Pat Tarzwell, Commissioner APPROVED AS TO FORM: Randy Ned erlin, Commissioner Tim Whitehead, Chief Deputy Sharon Trask, Commissioner Prosecuting Attorney i Mason County ADA Transition Plan Page 24 of 29 Exhibit A NOTICE DISABILITIES ACT Sst In accordance with the requirements of Title II of the Americans with Disabilities Act (ADA) of 1990, and Section 504 of the Rehabilitation Act of 1973, Mason County will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs or activities. Employment: Mason County does not discriminate on the basis of disability. in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA. Effective Communication: Mason County will generally, upon request, provide appropriate aid and services leading to effective communication for qualified person with disabilities so they can participate equally in Mason County's programs, services, and activities, including qualified sign language interpreters, and various other ways of making information and communications accessible to people who have speech, hearing or vision impairments. Modifications to Policies and Procedures: Mason County will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. Requests for Accommodation: Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of Mason County, should contact the Court or Department directly. Please make requests for accommodation at least 48 hours before the scheduled event. Problems or Complaints: Nichole Wilston, Risk Manager & ADA Coordinator 360- 427-9670 ext. 643 nwilston(a-)-masoncountywa.gov The ADA does not require Mason County to take any action that would fundamentally alter the nature of its programs or services, or impose and undue financial or administrative burden. Complaints that a program, service, or activity of Mason County is not accessible to persons with disabilities should be directed to the ADA Coordinators as listed above. Mason County 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. WE ARE COMMITTED TO PROVIDING EQUAL ACCESS TO OUR SERVICES. Mason County ADA Transition Plan Page 25 of 29 Exhibit A co CON DISCAPACIDADES 1854 De acuerdo con los requisitos del Tftulo R de la Ley de Estadounidenses con Discapacidades ADA) de 1990 y la Seccion 504 de la Ley de Rehabilitacidn de 1973, el Condado de Mason no discriminara a personas calificadas con discapacidades por motivos de discapacidad en sus servicios, programas o actividades. Empleo: El Condado de Mason no discrimina por motivos de discapacidad en sus practicas de contratacion o empleo y cumple con todas las regulaciones promulgadas por la Comision de Igualdad de Oportunidades en el Empleo de EE. UU. bajo el Tftulo I de la ADA. Una comunicacion eficaz: El Condado de Mason generalmente, previa solicitud, proporcionara ayuda y servicios adecuados que conduzcan a una comunicacion efectiva para personas calificadas con discapacidades para que puedan participar equitativamente en los programas, servicios y actividades del Condado de Mason, incluidos interpretes calificados de lenguaje de senas y varias otras formas de generar informacibn y comunicaciones accesibles para personas con discapacidades del habla, auditivas.,o visuales. Modificaciones a las politicas y procedimientos: El Condado de Mason hara todas las modificaciones razonables a las politicas y programas para garantizar que las personas con discapacidades tengan igualdad de oportunidades para disfrutar de todos sus programas, servicios y actividades. Solicitudes de adaptaciones: Cualquiera persona que requiera ayuda o servicio auxiliar para una comunicacion efectiva, o una modificacion de politicas o procedimientos para participar en un programa, servicio o actividad del Condado de Mason, debe comunicarse con el tribunal o el Departamento directamente. Por favor hacer las solicitudes de alojamiento al menos 48 horas antes del evento programado. Problemas o Quejas: Nichole Wilston, Gerente de Riesgos Y Coordinadora de ADA 360-427-9670 Ext. 643 nwilston@masoncountywa.gov La ADA no requiere el Condado de Mason de emprender cualquier accion que fundamentalmente alterar la naturaleza de sus programas o servicios, o imponga una carga financiera o administrativa indebida. Las quejas de que un programa, servicio o actividad del Condado de Mason no es accesible para personas con discapacidades deben dirigirse a los coordinadores ADA como se enumeran anteriormente. El Condado de Mason no impondra un recargo a una persona con una discapacidad en particular ni a ningun grupo de personas con discapacidad para cubrir el costo de proporcionar ayudas auxiliares y servicios o modificaciones razonables de la poliza. ESTAMOS COMPROMETIDOS A PROPORCIONAR IGUALDAD DE ACCESO A NUESTROS SERVICIOS. Mason County ADA Transition Plan Page 26 of 29 09ptz CO Exhibit A PROCEDIMIENTO DE QUERELLAS DE ADA 1854 Condado del mason ha adoptado un procedimiento de queja internos preven pronta soluci6n equitativa de las quejas alegando cualquier acci6n prohibida por las regulaciones del Departamento de Justicia estadounidense aplicaci6n el titulo II de la ley de estadounidenses con discapacidades. Titulo II los Estados, en parte, que "de to contrario no individuo calificado con discapacidad, unicamente por raz6n de tal incapacidad, se excluira de la participaci6n en, ser negado los beneficios de o ser objeto de discriminaci6n" en programas o actividades patrocinadas por una entidad publica. Las quejas deben ser dirigidas a: Coordinadora de ADA Condado de Mason 411 North 51h Street Shelton, Washington, 98584 360) 427-9670 1. Una queja por escrito se debe Ilenar y contienen informaci6n sobre la presunta violaci6n como el hombre, direcci6n, numero de telefono del querellante y la ubicaci6n, fecha y descripci6n de la violaci6n. Medios alternativos de presentaci6n de denuncias, como una entrevista personal, estaran disponibles para las personas con discapacidad previa solicitud. 2. Una queja debe presentarse tan pronto como sea posible, pero no mas tarde de treinta 30 dias calendario despues de la supuesta violaci6n. 3. Una investigaci6n, segun corresponda, debera seguir a la presentaci6n de una denuncia dentro de los quince (15) dias calendario. La investigaci6n sera realizada por el Coordinador de ADA del Condado de Mason. Estas reglas contemplan investigaciones informales pero exhaustivas, brindando a todas las personas interesadas y a sus representantes, si los hubiere, la oportunidad de presentar pruebas relevantes para una denuncia. 4. Una determinaci6n escrita en cuanto a la validez de la denuncia y la descripci6n de la resoluci6n, si los hubiere, se expedira por el Coordinador de ADA y copia enviada a la organizaci6n querellante no mas tarde de quince 15 dias calendario despues de la investigacion. 5. Si la respuesta del Coordinador de ADA no resuelve satisfactoriamente el asunto, el demandante puede apelar la decisi6n dentro de los quince 15 dias calendario despues de la recepci6n de la respuesta a la Junta de Comisionados del condado. Una decisi6n final se hard por la Junta de Comisionados del Condado dentro de 30 treinta dias de calendario. 6. El Coordinador de ADA mantendra los archivos y registros relativos a las quejas. El Condado de Mason mantendra estos registros de acuerdo con el programa de retenci6n establecido por el estatuto estatal aplicable. 7. El derecho de una persona a una resoluci6n rapida y equitativa de la denuncia presentada a continuaci6n no debera ser deteriorado por la busqueda de la persona de otros remedios como la presentaci6n de una queja de ADA con la agencia o Departamento federal responsable. El use de este procedimiento de quejas no es un requisito previo para la busqueda de otras soluciones. 8. Estas reglas se interpretara para proteger los derechos sustantivos de las personas interesadas para cumplir con normas de proceso debido apropiado, y asegurar el Condado de Mason cumple con la ADA y reglamentos de aplicacion. Mason County ADA Transition Plan Page 27 of 29 yoK Cpt Exhibit A ADA GRIEVANCE PROCEDURE Rs4 Mason County has adopted an internal grievance procedure providing for prompt 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. a public entity. Complaints should be addressed to: Mason County ADA Coordinator 411 North 5` Street Shelton, Washington, 98584 360) 427-9670 1. A complaint should be filled in writing and contain information about the alleged violation such as the name, address, phone number of complainant and the location, date and description of the violation. Alternative means of filing complaints, such as a personal interview, will be made available for persons with disabilities upon request. 2. A complaint should be filed as soon as possible, but no later than thirty (30) calendar days after the alleged violation. 3. An investigation, as may be appropriate, shall follow the filing of a complaint within fifteen (15) calendar days. The investigation shall be conducted by Mason County's ADA Coordinator. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint. 4. A written determination as to the validity of the complaint and description of the resolution, if any, shall be issued by the ADA Coordinator, and copy forwarded to the complainant no later than fifteen (15) calendar days after the investigation. 5. If the response of the ADA Coordinator does not satisfactorily resolve the issue, the complainant may appeal the decision within fifteen (15) calendar days after the receipt of the response to the Board of County Commissioners. A final decision will be made by the Board of County Commissioners within thirty (30) calendar days. 6. The ADA Coordinator shall maintain the files and records relating to complaints. Mason County shall retain these records for at least three years. 7. 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 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. 8. These rules shall be construed to protect the substantive rights of interested persons to meet appropriate due process standards, and to assure the Mason County complies with the ADA and implementing regulations. Mason County ADA Transition Plan Page 28 of 29 Chapter 2.46 AMERICANS WITH DISABILITIES ACT CONTACT PERSONS 2.46.010 Contact persons—Designated. The risk manager shall be designated as ADA contact persons for any internal or external complaints or grievances, and will provide proper notice of this complaint procedure to the community and on official county bulletin boards and will provide complaint/grievance brochure (see Attachment A attached to the resolution codified in this chapter and on file in the office of the county clerk of the board) in all county facilities where there is public access. (Res. 46-92 (part), 1992; Res. No. 49-14, 8-19-2014; Res. No. 20-17, 4-11-2017; Res. No. 27-19, Att. A, 3-26-2019; Res. No. 2025-007, Att. A, 1-21-2025) Editor's note(s)—Exhibits A and B are attached to the resolution codified in this section and are on file in the county clerk's office. 2.46.020 Contact persons—To review and investigate complaints. The risk manager will review, investigate and otherwise dispose of such complaints in a manner that meets the good of the service and will provide a quarterly report of any ADA concern to the board of county commissioners. (Res. 46-92 (part), 1992; Res. No. 49-14, 8-19-2014; Res. No. 20-17, 4-11-2017; Res. No. 27-19, Att. A, 3-26-2019; Res. No. 2025-007, Att. A, 1-21-2025) Mason County ADA Transition Plan Page 29 of 29