BILL NO. BL2000-403

ORDINANCE NO. BL2000-403

An ordinance adopting an effective communications policy for persons with disabilities, as provided for in the Interim Agreement between the Metropolitan Government and the United States Department of Justice.

Whereas, the Metropolitan Government, by Resolution No. RS2000-280, has entered into an Interim Agreement ("the Agreement") with the United States Department of Justice (DOJ) to ensure compliance with the Americans with Disabilities Act; and

Whereas, paragraph sixteen (16) of the Agreement requires the Metropolitan Government to adopt the effective communications policy provided as attachments D to the Agreement within sixty (60) days of the effective date of the agreement to ensure that communications with persons with disabilities are as effective as communications with others; and

Whereas, the Agreement requires that attachment D, "Effective Communication With Individuals with Disabilities in Metropolitan Government Programs and Services" be included in any departmental policy manual, or in the Metropolitan Government’s employee handbook and be distributed to every Metropolitan Government employee within thirty (30) days of adoption of this policy.

Now, therefore, be it enacted by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1. Title 2 of the Code of Laws of the Metropolitan Government of Nashville is amended by adding a new Chapter ___.

EFFECTIVE COMMUNICATION WITH INDIVIDUALS WITH DISABILITIES IN METROPOLITAN GOVERNMENT PROGRAMS AND SERVICES

Policy. It is the policy of Metropolitan Government of Nashville and Davidson County to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others. The Metropolitan Government will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a program, service, or activity conducted by the Metropolitan Government. In determining what type of auxiliary aid or service is necessary, the Metropolitan Government will give primary consideration to the requests of the individual with disabilities.

Auxiliary aids and services. "Auxiliary aids and services" includes 1) qualified interpreters, notetakers, transcription services, written materials, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications devices for deaf persons (TDD's), videotext displays, or other effective methods of making aurally delivered materials available to individuals with hearing impairments; and 2) qualified readers, taped texts, audio recordings, Brailled materials, large print materials, or other effective methods of making visually delivered materials available to individuals with visual impairments.

Notification. A list of the Metropolitan Government Departmental ADA contact persons will be distributed to all Metropolitan Government employees. If an employee does not know which department is sponsoring or responsible for providing the program or service that requires the provision of auxiliary aids or services to ensure effective communication, they will contact the Metropolitan Government ADA Coordinator.

Requests for auxiliary aids or services should be made by the public in advance of the meeting, hearing or other program, service, or activity provided by the Metropolitan Government. For public meetings and hearings, the ADA contact person should be notified at least one week in advance. For on-going services and programs, the ADA contact person should be notified at least 48 hours in advance. For emergencies or urgent requests, the responsible ADA contact person or the Metropolitan Government ADA Coordinator should be notified immediately. The best effort to fulfill the request will be made.

Response to Request for Auxiliary Aid or Service. When an auxiliary aid or service is required to ensure effective communication, the Metropolitan Government will provide an opportunity for an individual with disabilities to request the auxiliary aid or service of their choice and will give primary consideration to the choice expressed by the individual. "Primary consideration" means that the Metropolitan Government will honor the choice, unless another equally effective means of communication is available, or that use of the means chosen would result in a fundamental alteration in the service, program, or activity or in undue financial burden. When the responsible ADA contact person is deciding whether an alternative means of communication will ensure effective communication, the ADA contact person will consult with the individual with a disability in order to determine the nature of the requirement for an auxiliary aid or service, that is, in what ways effective communication can be achieved with the individual with a disability in the context of the Government program, service, or activity. The ADA contact person may ask the individual with a disability for technical assistance and information on how to obtain a particular auxiliary aid or service.

Within 48 hours after the request, the departmental ADA contact person will notify, in writing, the requesting individual with a disability of the proposed auxiliary aid or service to be provided. A copy of the proposal will be sent to the Metropolitan Government ADA Coordinator.

Grievance procedures. If the requesting individual with a disability is dissatisfied with the ADA contact person's proposed auxiliary aid or service, the individual is encouraged to file a grievance with the Metropolitan Government ADA Coordinator. The Coordinator will promptly contact the individual in person or by telephone and strive to resolve the grievance within one week.

Section 2. This ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

LEGISLATIVE HISTORY
Introduced:	September 5, 2000
Passed First Reading:	September 5, 2000
Referred to:	Budget & Finance Committee
Passed Second Reading:	September 19, 2000
Passed Third Reading:	October 3, 2000
Approved:	October 6, 2000
By: