Section 504 of the Rehabilitation Act of 1973. The Americans with Disabilities Act of 1990, as amended T.C.A. §4-3-2303. Federal ADA Title II regulationsregarding public entities defined in 28 CFR Part 35. If any portion of this policy conflicts with applicable state or federal laws and regulations, that portion shall be considered void. Theremainder of this policy shall not be affected thereby and shall remain in full force and effect.
The purpose of this plan is to state the City of Mckenzie’s plan of non-discrimination on the basis of disability of individuals for participation in or for receiving the benefits of services, programs, or activities or for access to or use of facilities owned orcontrolled by the City of Mckenzie. The City of Mckenzie also seeks to make available toindividuals who may desire relief under this policy notice of the procedures through whichthey may request a reasonable accommodation or, in the alternative request a remedy fordiscrimination as defined by Title II of the Americans with Disabilities Act.
All qualified individuals with a disability seeking and meeting the essentialeligibility requirements for the receipt of services or the participation in programs oractivities provided by the City of Mckenzie, or access to or use of facilities under theownership or control of the City of Mckenzie.
"Qualified Individual" means an individual who, with or without reasonable modification to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activitiesprovided by the City of Mckenzie or for access to or use of facilities under the ownership orcontrol of the City of Mckenzie.
It is the policy of the City of Mckenzie to prohibit discrimination against any qualified individual on the basis of disability in regards to the admission or access to, or treatment in, its programs, services or activities or accessibility to facilities within its ownership or control. The Department shall comply with applicable requirements of Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, Title 28 of the code of Federal Regulations Part 35, "Non-discrimination on the Basis of Disability in State and Local Government Services." As well as any other applicable law pertaining to disability non-discrimination.
It is the policy of the City of Mckenzie to 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 qualified individuals with disabilities.
Furthermore, it is the policy of the City of Mckenzie that no qualified individual with adisability, because facilities are inaccessible to or unusable by individuals with disabilities,be excluded from participation in, or be denied the benefits of the services, programs, oractivites of the City of Mckenzie or be subjected to discrimination.
The City of Mckenzie hereby adopts the attached "ADA Title II/Section 504 COMPLAINT FORM," the attached "ADA TITLE II/SECTION 504 ACCOMMODATION REQUEST FORM," as well as the following request and complaint reporting procedures.
A qualified individual with a disability may request reasonable accommodations in circumstances where accommodations do not currently allow the individual the same opportunity for participation in or receipt of the benefits of services, programs, or activities, or access to or use of facilities provided to individuals without disabilities. Qualified individuals with a disability (or a person acting on behalf of such qualified individuals} may make requests for reasonable accommodations or accessibility by contacting the ADA/Section 504 Coordinator listed below or by completing the attached "ADA TITLE II/SECTION 504 ACCOMMODATION REQUEST FORM" and submitting it to:
City of Mckenzie
Mckenzie City Hall
2470 Cedar Street
P.O. Box 160
Mckenzie, Tn. 38201
Mayor Jill Holland
Assistant ADA Coordinator
If a qualified individual with adisability believes he/she has been subjected to conduct that violates this policy, he/she must report those incidents as soon as possible after the event occurs but no later than 180calendar days of the alleged occurrence. Qualified individuals with a disability (or a personacting on behalf of such qualified individuals) may file a complaint by contacting or by completing the attached "ADA TITLE II/SECTION 504 COMPLAINT FORM" and submitting itthe ADA/Section 504 Coordinator listed in the previous section. Upon receipt of the complaint, the ADA/Section 504 Coordinator will determine its acceptability and need for additional information, as well as investigate the merit of the complaint. In order to beaccepted, a complaint must meet the following criteria:
A complaint may be dismissed for the following reasons:
Generally, an investigation ofa complaint will include an interview with the complainant to determine if there is a violationof this policy. Once the City of Mckenzie decides to accept the complaint for investigation, he/she will conduct a thorough and neutral investigation of all reported complaints of disability discrimination or Tile II violations under the meaning andauthority of this policy as soon as practicable. At the conclusion of an investigation,recommendations will be made to the administration to remedy any confirmed violation of this policy. The City of Mckenzie will send a copy of the original complaint filed and a letter concerning the findings and remedy chosen, if applicable to the complainant(s), within (60) sixty calendar days of the acceptance of the complaint.