AMERICANS WITH DISABILITIES ACT

TRANSITION PLAN 2023

INTRODUCTION

The East Alabama Regional Planning and Development Commission (EARPDC) is one of 12 regional councils in the State of Alabama as provided for by Act No. 584 and Act No. 585 of the Alabama Legislature, 1963. The councils serve local governments and citizens by coordinating region-wide projects and services, promoting cooperation among local governments, and carrying out state and federal programs on a regional basis. The EARPDC encompasses Calhoun, Chambers, Cherokee, Clay, Cleburne, Coosa, Etowah, Randolph, Talladega, and Tallapoosa counties. The EARPDC also works through a consultation process with citizens within their 10 counties, nonprofits, and the private sector. A portion of the EARPDC serves as staff to the Calhoun Area Metropolitan Planning Organization (MPO). The EARPDC is committed to compliance with the Americans with Disabilities Act of 1990 (ADA).

PURPOSE

The purpose of this plan is to record the ADA activities of the EARPDC and to schedule improvements to comply with the law. The programs managed by the EARPDC affect all citizens of east Alabama, including those with disabilities. The EARPDC provides social services to thousands of senior citizens, writes and manages grants that fund public utilities, and prepares plans that guide federal, state, and local funding. When providing these services, the EARPDC ensures the needs of people with disabilities are considered and that people with disabilities are allowed to participate in all program aspects.

LAW AND REGULATIONS

The ADA prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and local government services, public accommodations, commercial facilities, and transportation. Title II of the Act specifically applies to state and local governments. The regulations for Title II were published as 28 SFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services.

PUBLIC INVOLVEMENT

The draft of this plan was available for review. Copies of the draft were available at the EARPDC office, on the EARPDC website, and by request (mail and email). Appendix A includes the mailing list for this effort.

ANNUAL REVIEW

The EARPDC staff will review this plan every October. The review will determine if any changes to the policy or grievance procedures are warranted. The review will also update the status of the required facilities upgrades in the transition plan.

NOTICE UNDER THE AMERICAS WITH DISABILITIES ACT

In accordance with the requirements of Title II of the ADA, EARPDC will not discriminate against qualified individuals with disabilities based on disability in its service, programs, or activities.

Employment

EARPDC does not discriminate based on 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

EARPDC will, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the EARPDC’s programs, services, and activities.

Modifications to Policies and Procedures

EARPDC will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all its programs, services, and activities. For example, individuals with service animals are welcomed in EARPDC offices where pets are prohibited.

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 EARPDC should contact Eric Wright, Post Office Box 2186, Anniston, Alabama 36202; 256-237-6741, or Eric.Wright@earpdc.org as soon as possible but no later than 48 hours prior to the scheduled event.

The ADA does not require EARPDC to take any action that would fundamentally alter the nature of its programs or services or impose an undue financial or administration burden.

Complaints that a program, service, or activity of EARPDC is not accessible to persons with disabilities should be directed to Eric Wright, Post Office Box 2186, Anniston, Alabama 36202; 256-237-6741, or Eric.Wright@earpdc.org.

EARPDC will not place a surcharge on an 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.

GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT

EARPDC’s Grievance Procedure is established to meet the requirements of ADA. It may be used by anyone who wishes to file a complaint alleging discrimination based on disability in the provision of services, activities, programs, or benefits by the EARPDC.

The complaint should be in writing and contain information about the alleged discrimination such as the name, address, phone number of complainant and location, date, and description of the problem.

Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.

The complaint should be submitted by the grievant and/or their designee as soon as possible, but no later than 60 calendar days after the alleged violation to:

Eric Wright
ADA Coordinator
P.O. Box 2186
Anniston, AL 36202

Within 15 business days after receipt of the complaint, Eric Wright or his designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 business days of the meeting, Eric Wright or his designee will respond in writing, and where appropriate, in a format accessible to the complainant. The response will explain the position of EARPDC and offer options for substantive resolution of the complaint.

If the response does not satisfactorily resolve the issue, the complainant or their designee may appeal the decision within 15 business days after receipt of the response to the Executive Director or their designee.

Within 15 business days after the receipt of the appeal, the Executive Director or their designee will meet with the complainant to discuss the complaint and possible resolutions. Withing 15 business days after the meeting, the Executive Director or their designee will respond in writing and where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

All written complaints received by Eric Wright or his designee, appeals to the Executive Director or their designee, and responses from these two offices will be retained by the EARPDC for at least three years.

TRANSITION PLAN

Governments with more than 50 employees are required to develop an ADA transition plan that lists the physical changes needed to comply with the act.

The EARPDC staff conducted a self-evaluation in August 2023, following the ADA Checklist for Existing Facilities from the Institute of Human Centered Design 2016. The checklist is based on the 2010 Standards for Accessible Design.

A PDF copy of the full 2023 EARPDC transition plan can be downloaded at the following link: