FINAL
REPORT by Institute for Human Centered Design:
City of
Everett
PART B
Evaluation of Non
-
discriminatory Policies & Practices in Programs, S
ervices & Activit
ies
Aug.
2018
www.HumanCenteredDesign.org
-
200 Portland Street, Boston MA 02114
-
617.695
-
1225 v/tty
Page
1
Introduction
In an effort to provide and maintain compliance with the A
merican with
D
isabilities
A
ct
, the
City of
Everett
contracted with the Institute for Human Centered Design (IHCD) to undertake a comprehensive
assessment of its policies, practices and
procedures as well as its facilities to determine compliance
with the requirements of the Americans with Disabilities Act
(ADA)
and the
MA
State Code
. The review
and recommendations provided in this assessment also go beyond strict compliance assessment
to
recommend enhancements to current conditions that would result in a more usable, inclusive and
welcoming environment for members of the
City of
Everett
community.
Information about corrective action will include
recommendations based on
T
itle
II of the
ADA
and
state code
as well as recommended ‘
best practices’
for each aspect that requires action.
The assessment included policies, practices and procedures relative to employment and non
-
discrimination in policies, practices and procedures for all of th
e
City’s
programs, services and activities
including those related to effective communication.
Corrective action is needed in policies and procedures to create written policies that would ensure the
City of
Everett
’s
compliance with applicable laws. In ad
dition, the
City
may
wish to
consider making a
commitment to a
more accessible website.
Choosing to make the website
completely
accessible would
make it available to site visitors who use assistive technology such as screen readers
as well as to
website v
isitors with a mix of
other
functional limitations
. The website is also a valuable asset in
communicating the
City’s
commitment to equal opportunity for people with disabilities through a clear
statement and contact information for the ADA Coordinator. It
can also provide a helpful opportunity
to share information about accessible routes to reaching the
City’s
programs and
activities including
meetings and requesting effective communication or modification
of policies.
This report summarizes IHCD’s findi
ngs of
ADA
T
itle
II complianc
e. The information pertinent to
this
assessment was obtained by
a
n
on
-
line
ADA questionnaire
developed by the Institute for Human
Centered Design (IHCD) and
submitted by
twenty
(
20
)
departments
from the
City of
Everett
. This mi
x
of sources
constitutes the basis for this compliance assessment report.
From the
s
taff responses
it is
clear that the
City
understands
its obligations under
T
itle
II of the ADA but additional steps are
necessary to ensure that people with disabilities en
joy the same opportunities to participate in its
programs, services and activities as
Everett
residents without disabilities.
FINAL
REPORT by Institute for Human Centered Design:
City of
Everett
PART B
Evaluation of Non
-
discriminatory Policies & Practices in Programs, S
ervices & Activit
ies
Aug.
2018
www.HumanCenteredDesign.org
-
200 Portland Street, Boston MA 02114
-
617.695
-
1225 v/tty
Page
2
Analysis
Title
II of the ADA prohibits discrimination on the basis of disability. Specifically,
T
itle
II requires that:
N
o 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 Part 35.130 (a)).
This report is divided into sections where these requirements apply. Each section includes the
applicable citation from
T
itle
II of the
ADA; IHCD’s summary of findings
after reviewing answers from
the ADA questionnaire
and informatio
n from the website
;
it also includes
IHCD’s recommendations for
the
City of
Everett
to implement.
I
-
Designation of Responsible Employee
Title
II of the ADA makes clear that a public entity must designate a responsible employee and adopt
grievance proces
ses.
A public entity that employs 50 or more persons shall designate at least one employee to
coordinate its efforts to comply with and carry out its responsibilities under this part, including
any investigation of any complaint communicated to it allegi
ng its noncompliance with this part
or alleging any actions that would be prohibited by this part. The public entity shall make
available to all interested individuals the name, office address, and telephone number of the
employee or employees designated p
ursuant to this paragraph
. (
28
CFR Part 35.107 (a))
.
Title II provides little specific guidance for implementing this requirement but the primary role of the
designated employee, also called the ADA Coordinator, is making sure that the
City
is in complian
ce
with the requirements.
Finding
The
City of
Everett
has met its obligation to designate a respo
nsible employee by app
ointing
Omar Easy
as the
City’s
ADA Coordinator
.
Recommendations
The
City
should
consider clarifying for its entire community and
Cit
y
employees
the name and scope of
responsibilities of the ADA Coordinator. Doing so will improve compliance and make more efficient
operations with respect to the needs of members of the public with disabilities.
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