INTRODUCTION

The Town of Douglas has taken a number of initiatives to ensure compliance with the requirements of the American’s with Disabilities Act (ADA) and provide an accessible environment to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications.

Among those initiatives is the development of this Self-Evaluation and Transition Plan. The plan provides a list of barriers that will be eliminated over the next years, a schedule for planned modifications, and identifies the individuals responsible for barrier removal.

The Transition Plan is a town effort to improve the accessibility of buildings, sites and services owned or operated by the Town of Douglas.

I. What is the ADA?

The ADA is a civil rights law passed on July 26, 1990 to ensure that:

“No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity.” 28 CFR §35.130

The word “disability” with respect to an individual means: “A physical or mental impairment that substantially limits one or more of the major life activities of an individual, record of such an impairment, or being regarded as having a disability”.

The ADA is contains five major sections or Titles:

Title IADA Employment Services

Title IIADA Public Service and Public Transportation Section

Title IIIADA Public Accommodations and Services Section

Title IVADA Telecommunications Section

Title VADA Miscellaneous Section

Compliance with the ADA regulations requires the Town of Douglasto:

Complete a Self-Evaluation Plan by January 26, 1992. Complaints and lawsuits for non-compliance started the day after that date. All structural modifications ensuring program access were to be completed as expeditiously as possible but no later than January 26, 1995.

In the context of the Transition Plan program access means that “A public entity shall operate each service, program or activity so that the service, program or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities.” 28 CFR §35.150.

There are a few limitations:

a)modifications that would cause an undue financial or administrative burden

b)modifications that to ensure inclusion would fundamentally alter the basic nature of the program

c)inclusion would mandate modifications that may destroy or threaten to destroy the historic significance of a facility and

d)if inclusion to a program causes a significant threat to the safety of others in the program.

Program access also requires the Town of Douglas to administer programs in the most “integrated setting appropriate to the needs of qualified individuals with disabilities.” Basically, it requires the Town to include people with disabilities in activities that are offered to others.

In preparing this plan the Town of Douglas considered the following

factors:

1)Type of disability impacted by the barrier (mobility, visual,

hearing, etc)

2)Type of access issue in question (approach, program access, structural barriers, etc)

3)Severity of the barrier in question to someone with a disability such as a) potential hazard; b) blocks access; c) major inconvenience; d) minor inconvenience

4)Number of users that may be impacted

5)Cost of correcting the barrier

6)Portability of the service/program provided (if the service/program could be relocated)

7)Whether complaints were received regarding the specific location or general type of barrier in question

  1. How does the ADA impact the Town of Douglas?

The ADA will impact almost all functions and activities of the Town in one way or another. The overall “program access” provision includes all policies, practices and procedures of the Town. Communications issues will need to be sensitive to the needs of people with sensory impairments. All activities related to the alteration of, or new construction of buildings will need to comply according to code.

This Self-Evaluation and Transition Plan simply outlines the problems with accessibility found in existing facilities of the Town and identifies the modifications the Town has decided to make to ensure that people with disabilities will be able to benefit from the activities and programs offered.

  1. How are Transition Plan modifications going to be made?

The Transition Plan identifies those areas that do not meet the regulations and outlines specific recommendations or possible solutions to make all relevant services and facilities accessible. The recommendations do not give detailed dimensional specifications in all cases, however, they may be used to address the problems of non-compliance. The ADA and the Architectural Access Board (AAB) regulations should be referred to before implementing the recommendations for each site.

Depending on the complexity of the project, the Town employees will make the modifications or outside contractors will be hired to implement the plans as outlined in the Transition Plan.

In establishing the schedule for barrier removal, it was recognized that the schedule needed to be flexible to best accommodate the needs of the town, employees and members of the public who have disabilities. This evaluation contains examples of policies, which if implemented, would make the services offered by the Town of Douglas more accessible to everyone. Unlike existing structures, any new construction built to provide town services must be designated and built as fully accessible. .

TOWN OF DOUGLAS OVERVIEW

The Town of Douglasis located in Southern, Massachusetts, bordered by Oxford and Sutton on the north; Uxbridge on the east; Burriville, Rhode Island on the south; and Webster on the west. Douglas is 18 miles south of Worcester, 40 mile southwest of Boston and 175 mile from New York City. The Town was incorporated in 1746 and it was named after Dr. William Douglas of Boston, who donated funds for the creation of free schools in the town. The total area is 37.71 square miles and land are is 36.37 square miles. The government is composed of a 5 member board of selectmen and town meetings are opened. The town of Douglas preserves historic buildings, both residential and commercial.

PUBLIC PARTICIPATION

The Town of Douglas Accessibility Plan was formally initiated on May 23, 2006. Among the initiatives in the development of this Self-Evaluation and Transition Plan, a survey form was sent to all town employees to evaluate the services and programs offered by the town. Procedures and policies were reviewed to proactively improve the accessibility of the town.

On August 22, 2006, a meeting was held inviting alltown residents and employees to discuss the efforts of the town to make it more accessible and to identify any barriers that prevent people with disabilities from participating in programs or activities offered by the town. The meeting was held at an accessible location and it was broadcasted in the local channel.

The meeting was advertised on the Town’s newspaper and the town’s local television channel. In addition, the Town’s website included information about the self-evaluation and transition plan and encouraged town residents who identified with a disability to express their thoughts regarding any accessibility issues. All public comments were reviewed and kept confidential to encourage both employees and residents to participate.

ENFORCING COMPLIANCE

To encourage public entities to attempt to resolve disputes internally, the ADA requires public entities with fifty or more employees to establish an internal procedure to resolve any complaints. Individuals may file administrative complaints with a designated federal agency or with the U.S. Department of Justice. The reviewing agency will investigate the charge and may seek a voluntary agreement with the entity. If compliance is not achieved, the complaint will be referred to the Department of Justice for enforcement. Individuals also have a right to file a lawsuit for injunctive relief and seek any damages available for noncompliance. Reasonable attorney’s fees and other related costs may be awarded. Individuals may pursue any methods of enforcement to seek compliance. Individuals may file a court action without having to exhaust any internal or administrative remedies first.[1]

ADA COORDINATOR

The ADA Coordinator is responsible for coordinating and ensuring that the Town achieves compliance. As such, the ADA coordinator must have the authority, knowledge and motivation needed to achieve compliance.

The ADA Coordinator for the Town of Douglas is:

Name:Adelle Reynolds

Building Commissioner

Address: Town of Douglas

29 Depot Street

Douglas, MA01516

Phone: 508-476-4000

Fax: 508-476-4012

E-mail:

As part of this process, the ADA Coordinator will attend an ADA Training Program by 2008to gain the knowledge and experience of state access and nondiscrimination laws. The ADA Coordinator will also meet with each department head yearly to review its current policies, practices and programs to ensure that they are in compliance.

NON DISCRIMINATION

Policies, practices and procedures of the town must be modified when necessary to avoid discrimination against people with disabilities, unless to do so would fundamentally alter the nature of the service, program or activity.[2]

The ADA requires that people with disabilities be given an equal opportunity to participate in the programs and activities. People with disabilities will not be provided separate services or programs unless they are necessary to afford an equal opportunity to benefit from the service or program. Even is separate programs are provided by the town, individuals with disabilities have the right to choose to participate in the integrated program.

The Town of Douglas is required to make reasonable modifications to policies, practices, or procedures when necessary to avoid discrimination, unless to do so would fundamentally alter the nature of the program or services offered.

The town is also aware that it cannot charge people with disabilities for an auxiliary aid or for a program modification made to provide accessibility or to prevent discrimination.

The Town of Douglas has designated the ADA Coordinator, Adelle Reynolds to coordinate its efforts to comply with the ADA. Inquiries, requests, and complaints should be directed to her.

EMPLOYMENT

For purposes of employment, an employer cannot discriminate against an employee on the basis of a disability in any aspect of the employment relationship. The activities covered include the application process, testing, interviewing, hiring, assignments, evaluation, discipline, medical examination, compensation, termination, and benefits. A qualified individual with a disability is an individual who has the skill, experience, and education for the job and can perform the essential functions of the job with or without an accommodation. The term “essential functions” means the fundamental elements of the job and does not include any marginal functions of the job. In determining whether a job function is essential the following factors should be considered: the time spent performing that function; the experience of past and current employees in the same or similar job, and the effects of not requiring the function to be performed.

NEW HIRES:

ADA regulations begin when the town initiates recruitment activities, contacts a qualified applicant and continues in every step of the hiring process. The town must ensure that the content of job solicitations (internal postings, newspaper advertisements, outside recruiters or internet postings) is nondiscriminatory. The advertisement should only describe job qualification requirements that pertain solely to the functions of the job. The

Format of the application form may also create barriers for persons with certain disabilities. The Town should anticipate requests for applications in alternate formats such as large print or Braille or be able to provide assistance in completing the application if requested. Interviews must also meet the ADA requirements and must be accessible. If an inaccessible site is identified by the Town, steps should be taken by the town to either make it more accessible or designate another interview site.

REASONABLE ACCOMODATION POLICY

Employees are required to make reasonable accommodations for employees and applicants with disabilities if a request is made. It is the policy of the Town of Douglas that qualified individual with a disability shall not be excluded from employment solely by reason of their disability.

The Town of Douglaswill make a reasonable accommodation for any qualified applicant or employee unless the town can show that the accommodation imposes an undue financial or administrative hardship on the operation of the town. The town will consider the following factors in examining whether a requested accommodation creates an undue hardship: the nature and cost of the accommodation; the impact of the accommodation on the employer; and the overall financial resources of the employer.

Notice of reasonable accommodations for applicants will be included in the job postings and will be made available upon request to applicants with disabilities. All prospective employees will be informed at the initial interview that the Town of Douglas does not discriminate on the basis of disability. Employees will also be informed that requests for reasonable accommodations should be made by prospective employees following the receipt of an offer for employment. Employers are required to keep a medical file separate from the employee’s personnel file to ensure the confidentiality of the person’s disability. Although confidentiality must be maintained, an employer may inform the employee’s supervisor about the employee’s medical history or the accommodation if special treatment or evacuation assistance may be necessary.

Employees, perspective employees or applicants may request reasonable accommodations from their immediate supervisor or from the ADA Coordinator, Adelle Reynolds. The request should be made both orally and in writing and should describe the accommodation needed and the reasonfor the request. A decision regarding reasonable accommodation requests will be made within 30 working days of the request. The final decision concerning any requested accommodation that may represent an undue financial will be made by the ADA Coordinator. Applicants or employees have the right to appeal the denial of any accommodation request using the ADA Grievance Procedure. In the case of a denial on undue hardship by the ADA Coordinator, the employee or applicant may appeal in writing within 30 working days to the Town Administrator, Mike Guzinski.

RECOMMENDATIONS:

(Expected to be completed by 2008)

1)All staff involved in the interview process will undergo ADA and disability awareness training to better prepare them for interviews of candidates with disabilities. The Town of Douglas will contact the Massachusetts Commission for the Deaf and Hard of Hearing (MCDHH) for information about upcoming trainings or purchase any materials or videotapes to use in their own trainings.[3]

2)Identify all employer sponsored activities (such as social events, or recreational activities) and develop a protocol to ensure access and establish a procedure for requesting an accommodation if necessary.

3)Review the written personnel manual and develop an alternate format (audio cassette, Braille, large print, computer disk)

4)Create a list for accommodations requested to be reviewed in the future. The list should describe the type of accommodation requested; the cost for the accommodation, and it should describe the impact of the accommodation made on the employer.

EQUAL OPPORTUNITY POLICY

It is the policy of the Town of Douglas to make sure that persons with disabilities are provided maximum opportunity to participate in programs, services, and activities offered by the town.

In providing its services, programs and activities the Town of Douglas shall not:

  1. Deny a qualified individual with a disability the opportunity to participate in or benefit from a benefit, service, or activity.
  2. Afford a qualified individual with a disability the opportunity to participate in or benefit from any aid, benefit, or service that is not equal to that offered to others.
  3. Deny a qualified individual with a disability the opportunity to participate as a member of planning or advisory boards, commissions, or any other entity of the Town of Douglas.
  4. Limit a qualified individual with a disability the enjoyment of any right, privilege, advantage, or opportunity received by other individuals receiving the aid, benefit, or service.

It is the policy of the Town of Douglas to guarantee that persons with disabilities are provided maximum opportunity to participate in and benefit from programs, services, and activities. It is the aim that such participation is in the same manner as that of non-disabled persons. In achieving this, the Town of Douglas has a primary focus to identify barriers to access and eliminate them or to use assistive devises or procedures when necessary.

REASONABLE MODIFICATIONS POLICY

Policies, practices and procedures of the Town of Douglas must be modified when necessary to avoid discrimination against people with disabilities, unless to do so would fundamentally alter the nature of the service, program or activity.[4]

The town will make a reasonable program or service modification upon request unless such an accommodation would impose an undue burden or fundamental alteration to the program or service. The decision to approve a request for reasonable modifications will be made by the ADA Coordinator in a timely manner. The modification will be made within 30 working days of the request or as soon as possible. .

The Town of Douglas will comply with all applicable Federal and State laws and regulations relative to the use of assistive equipment, including trained assistance animals. In addition, no arbitrary restrictions or limitations will be placed on the type or number of assistive equipment items, including assistive animals, that people with disabilities may bring with them to Town facilities.

It is the policy of the town that surcharges are never charged to participants (nor any other interested party or person) for reasonable accommodations under any circumstances such as: interpreters, Braille material, listening devices, closed captioning, etc.

ACCESSIBLE TRANSPORTATION

No transportation is provided by the Town of Douglas. It is the policy of the Town of Douglas that if transportation services are ever provided they will be accessible to those who participate in the town’s program regardless of their disability. When transportation services are provided and an individual is in need of accessible transportation they should make their request in writing to the ADA Coordinator. Requests must be made at least 30 days in advance of the need. All requests are subject to the availability of space and notice will be given if is not available by phone or in writing.