TC Resolution 22-13 Adopting the Americans with Disabilities Act (ADA) and Appointing ADA Coordinator and ProceduresA
Avon
COLORADO
RESOLUTION 22-13
ADOPTING THE AMERICANS WITH
DISABILITIES ACT (ADA) AND APPOINTING
ADA COORDINATOR AND PROCERURES
WHEREAS, the Avon Town Council adopted Resolution 93-1 on January 12, 1993, a resolution
setting forth the Town's commitment to, and compliance with, the Americans with Disabilities
Act of 1990 ("ADA"); and
WHEREAS, the Town wishes to restate and reaffirm its commitment to the underlying
principles of the ADA; and
WHEREAS, the Federal government enacted the Americans with Disabilities Act of 1990
(ADA) to prevent discrimination of the physically and mentally disabled relating to employment
and access to public facilities; and
WHEREAS, in compliance with Title II of the ADA the Town of Avon shall name an ADA
Coordinator; and
WHEREAS, in compliance with Title II of the ADA the Town of Avon shall adopt a grievance
procedure for resolving complaints alleging violation of Title II of the ADA; and
WHEREAS, in compliance with Title II of the ADA the Town of Avon shall publish notice to
the public regarding the ADA; and
WHEREAS, in compliance with Title II of the ADA the Town of Avon shall post the ADA
coordinator's name, office address, and telephone number along with the ADA Notice and ADA
grievance procedure on its website.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town
Council hereby approves and installs the following:
1. The Deputy Town Manager is designated as the ADA Coordinator for the Town.
2. The Notice under the Americans with Disabilities Act, a copy of which is posted to the
Town's website, is adopted as the Town of Avon Notice under the Americans with
Disabilities Act.
3. The Town of Avon ADA Grievance Procedure under the Americans with Disabilities
Act, a copy of which is attached hereto and as revised from time to time, is adopted as the
grievance procedure for addressing complaints alleging discrimination on the basis of
Resolution 22-13 ADOPTION OF ADA
May 24, 2022
Page 1 of 4
disability in the provision of services, activities, programs or benefits by the Town of
Avon.
4. In compliance with Federal and State laws as set forth above, the Town Council directs
Town Staff to post the required information regarding the Co-ADA Coordinators Notice
under the Americans with Disabilities Act, and Town of Avon Grievance Procedure
under the Americans with Disabilities Act on its website and at such other locations as
may be determined required or appropriate from time to time.
ADOPTED May 24, 2022 by the AVON TOWN COUNCIL
G i 49 444
By: Attest:
Sarah Smith Hym s,Mayor
Resolution 22-13 ADOPTION OF ADA
May 24, 2022
Page 2 of 4
Avon
C O L O R A D O
Non-discrimination Notice
In accordance with the requirements of title II of the Americans with Disabilities Act of 1990
("ADA"), the Town of Avon will not discriminate against qualified individuals with disabilities
on the basis of disability in its services, programs, or activities.
Employment: The Town of Avon does not discriminate on the basis of 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: The Town of Avon will generally, upon request, provide appropriate
aids and services leading to effective communication for qualified persons with disabilities so
they can participate equally in Town of Avon programs, services, and activities, including
qualified sign language interpreters, documents in Braille, and other ways of making information
and communications accessible to people who have speech, hearing, or vision impairments.
Modifications to Policies and
Procedures: The Town of Avon will make all reasonable modifications to policies and programs
to ensure that people with disabilities have an equal opportunity to enjoy all of its programs,
services, and activities. For example, individuals with service animals are welcomed in Town of
Avon offices, even where pets are generally 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 the Town of Avon, should contact the office of the Human
Resources Director, who serves as the Town's ADA Coordinator, as soon as possible but no later
than 48 hours before the scheduled event.
The ADA does not require the Town of Avon to take any action that would fundamentally alter
the nature of its programs or services, or impose an undue financial or administrative burden.
Complaints that a program, service, or activity of the Town of Avon is not accessible to persons
with disabilities should be directed to the Human Resources Director at 970.748.4005.
The Town of Avon will not place a surcharge on a particular 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, such as retrieving items from locations that are open to the
public but are not accessible to persons who use wheelchairs.
Resolution 22-13 ADOPTION OF ADA
May 24, 2022
Page 3 of 4
A
avon
C O L O R A D O
Grievance Procedure under
The Americans with Disabilities Act
INTRODUCTION: This Grievance Procedure is established to meet the requirements of the
Americans with Disabilities Act of 1990 ("ADA"). It may be used by anyone who wishes to file
a complaint alleging discrimination on the basis of disability in the provision of services,
activities, programs, or benefits by the Town of Avon. The Town of Avon Human Resources
Director (including designee(s)) shall act as the ADA Coordinator.
COMPLAINT: The complaining party ("Party") may submit a Complaint verbally or in
writing. The Complaint shall contain information about the alleged discrimination such as
description of the date, location, circumstances, actions and decisions which serve as the basis of
the complaint and shall include the Party's information, including name, address, phone number
of complainant and location, date, and. 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 must be submitted by the Parry (or Parry's designee) no later than sixty (6o)
calendar days after the alleged violation to:
Deputy Town Manager/ADA Coordinator
Town of Avon
100 Mikaela Way
PO Box 975
Avon, Colorado 81620
970.478.4005
The ADA Coordinator will meet with the Party to discuss the Complaint and the possible
resolutions within fifteen (15) days after receipt of the complaint. This meeting may occur in -
person, by telephone, or by video call. The ADA Coordinator will respond in writing within
fifteen (15) calendar days of the meeting, and where appropriate, in a format accessible to the
grievant (e.g. large print, Braille, or audio tape). The response will explain the position of the
Town of Avon and offer options for substantive resolution of the complaint.
APPEAL: The Parry may appeal the decision of the ADA Coordinator within fifteen (15)
calendar days after receipt of the response to the Town Manager. The Town Manager shall
schedule a hearing to review the complaint within forty-five (45) calendar days of receiving the
appeal and shall provide at least five (5) days notice of the date, time and location of the appeal.
The Town Manager shall render a decision in writing within fifteen (15) days of the hearing on
the appeal. All written Complaints received by the ADA Coordinator, appeals to the Town
Manager, and responses from these two offices will be retained by the Town of Avon for at least
three (3) years.
Resolution 22-13 ADOPTION OF ADA
May 24, 2022
Page 4 of 4
TOWN OF AVON
RESOLUTION NO. 93 - 1
SERIES OF 1993
A RESOLUTION CONCERNING ACCESSIBILITY
TO THE SERVICES, PROGRAMS, AND ACTIVITIES
OF THE TOWN OF AVON
0t Nt-15
WHEREAS,. the Town of Avon is a public entity covered by
the Americans with Disabilities Act of 1990 ("ADA"); and
WHEREAS, the Town of Avon wishes'to reaffirm.its
commitment to the purpose of the applicable provisions of the ADA,
and the regulations implementing it; and
WHEREAS, the Town Council additionally wishes to
facilitate compliance with the laws and regulations of the ADA by
-causing this resolution to be made available.to interested persons
And to be published and otherwise disseminated to the public, and
by designating.an individual=to coordinate .the Town's efforts'to
comply with and carry out its responsibilities under the same.
,NOW, THEREFORE, -BE IT RESOLVED by the Town Council of the
Towri'of Avon;
Section 1. Statement of Commitment The Town of Avon is
committed to the applicable principles of the ADA.
Section 2. Self Evaluation The Town of Avon shall, from
the period of January 26, 1992, to January 26, 1993, evaluate its
current services, policies and practices. Interested persons,
including individuals with disabilities, are hereby requested to
submit comments to the Town.
Section 3. Coordinator Designated: The Town's Director
of Municipal Services is hereby designated as the ADA Coordinator.
The ADA Coordinator small coordinate the Town'.s efforts to comply
with and carry out its responsibilities under the applicable laws
and regulations. The ADA coordinator shall also cause to be
investigated promptly any complaint or grievance communicated to
the Town regarding the applicable laws and regulations.: The
investigation and resolution of said grievance shall comply with
the Town's established grievance procedure. The ADA Coordinator
may be contacted as follows:
Director 'of Municipal services
Town of Avon
P.O. Box 975
400 Benchmark Road
Avon, CO 81620
Ph. (303) 949-4280
Fax (303) 949-9139
TDD (303) 949-6121
Section 4. Information to be made available A copy of
this resolution, together with a copy of the applicable laws and
regulations, and such other information as the ADA Coordinator
finds necessary to. apprise persons of the protections against
discrimination assured them under the applicable laws and
regulations, shall be made available to applicants, participants,
beneficiaries, and other interested persons in such manner as the
ADA Coordinator determines necessary or appropriate.
ADOPTED this 12th day of January 1993
0, Of
.= -Mayor