HomeMy WebLinkAbout1992 Americans/Disabilities Act (ADA)11
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JOINT TRANSPORTATION ACCESSIBILITY PLAN
AMERICANS 'WITH. DISABILITIES ACT
TOMPKINS COUNTY, NEW YORK
Filed jointly by
City of Ithaca
Cornell University
Tompkins County
Transportation Providers:
TOMTRAN, Ithaca Transit, CU TRANSIT, GADABOUT Transportation Service, Inc.
May 15, 1992
TOMPKINS COUNTY
In New York State
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Tompkins County Dept. of Planning
Prepared by
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EXECUTIVE SUMMARY
Purpose:
This plan is prepared to implement the requirements of the Americans with Disabilities Act in
public transportation services in Tompkins County. Tompkins County, City of Ithaca and Cornell
University are, filing this joint plan.
Recommendations:
1. The City of Ithaca, Tompkins County and Cornell University will contract with
GADABOUT Transportation Services, Inc. to provide comparable demand -responsive, paratransit.
services required by the ADA plan. The hours of ADA paratransit operation shall mirror the hours of
fixed route public transit service in the County. The ADA service area shall cover 1.5 miles on both
sides of a public transit bus route. Passenger trips with origins and destinations in an active' ADA
service area are eligible for ADA service.
2. GADABOUT shall be the central .registry of ADA eligible riders in Tompkins County. 'Human
service agencies such as Challenge Industries and Finger Lakes Independent Living Center shall qualify
persons they know to be ADA eligible with GADABOUT. The initial round of agency certification of
individuals to GADABOUT should be completed by 12/31/92. Persons may apply as individuals for ADA
certification. An ADA Advisory Board shall hear appeals to certification decisions.
3. ADA paratransit fares shall be: $1.00 for trips in the City of Ithaca, $1.20. for one zone
(suburban) trips, and $2.50 for two zone (rural) trips.
4. Implementation of ADA paratransit service shall be based on the following priorities and
milestones:
1. Paratransit service to match week day public transit schedule
(5am-8pm) 1/1/93
2. Paratransit service on Saturdays 6/1/93
3. Evening paratransit service (8pm to 2am) 9/1/93
5. ADA market research shall be initiated to evaluate needs of ADA eligible passengers and to
refine marketing and public information access on ADA paratransit services. An ADA marketing group
shall be established by 10/1/92 to complete a marketing plan by 5/1/93. Public information will be
produced in accessible formats for mobility, sight, hearing and speaking impaired persons.
6. An ADA Advisory Board shall be established by 9/1/92 to oversee implementation of the ADA
plan and to review ADA public transportation operations.
TABLE OF CONTENTS
INTRODUCTION .. , 1
CHAPTER ONE
EXISTING PUBLIC TRANSIT SERVICES IN TOMPKINS COUNTY 2
CHAPTER TWO
EXISTING PARATRANSIT SERVICES IN TOMPKINS COUNTY 3
A. GADABOUT Transportation Service Inc. 3
B. Capacity 3
C. Financial Status 3
D. Fares, Service Type, and Service Area 4
CHAPTER THREE
EXPANDING COMPARABLE PARATRANSIT SERVICES 5
A. , ADA Paratransit Eligibility .. 5
B. ADA Certification Procedure 5
C. Paratransit Demand Analysis 6
D. Expanding Complementary Paratransit Services 7
E. ADA Paratransit Fares 7
F. Undue Financial Burden Waiver 8
CHAPTER FOUR
PLAN UPDATE AND MILESTONES
A. Implementation Milestones 9
B. Timetable of Bus Fleet Replacement 10
CHAPTER FIVE
• PUBLIC PARTICIPATION IN THE PLANNING PROCESS OF
THE ADA TRANSIT PLAN 12
INTRODUCTION
In compliance with the Americans with Disabilities Act (ADA), Tompkins County, City of Ithaca
and Cornell University, are filing a joint ADA Transit Plan with the Federal Transportation Administration.
The plan incorporates public transportation services provided (directly or by contract) by the above
parties. The following list identifies the transportation providers covered by the plan.
TOMTRAN
Tompkins County Department of Planning
301 Harris B. Dates Dr. Ithaca, NY 14850
Contact person: Dwight Mengel
Phone: (607)274-5360 Fax: (607)274-5641
Ithaca Transit Inc.
Pier Road, Ithaca, NY 14850
Contact person: Bernard Carpenter
Phone: (607)273-7348
CU Transit Inc.
800 Dryden Road, Ithaca, NY 14850
Contact person: William Crissey
Phone: (607)255 -RIDE
Tioga Transport Inc.
2338 Slaterville' Road, Slaterville, NY 14881
Contact person: Charles Chapman
Phone: (607)539-6600
Swarthout & Ferris
115 Graham Rd., Ithaca, NY 14850
Contact person: Robert Swarthout
Phone: (607) 257-2277
GADABOUT Transportation Services, Inc.
m 710 West Court St Ithaca, NY 14850
Contact person: Judy Willis
Phone: (607)273-1878
This plan was prepared by the Ad Hoc ADA Advisory Board consisting of members of the City
of Ithaca Disability Advisory Council, members of the Governor's Accessibility Committee, and public
transportation operators. ,(A complete listing of committee members is provided in Chapter Five.)
This plan consists of six chapters. Chapter One provides information on the current .transit
service capacity, hours, and service areas. Chapter Two describes the existing paratransit system
provided by GADABOUT, including capacity, financial status, and fare system. Chapter Three lays out
the plan for expanding paratransit services by certifying ADA paratransit eligibility, paratransit demand
analysis and projections, fare system for the ADA paratransit services, and other major aspects
concerning the planned paratransit services. The fourth chapter is a schedule for ADA compliance for
the public transit fleet. Chapter Five describes the planning process for the ADA Plan, including public
participation, coordination amongtransit agencies, and public comment on the completion of the plan.
The final- chapter outlines implementation milestones. The appendices includes maps, eligibility
questionnaire, agreements and resolutions.
CHAPTER ONE
EXISTING PUBLIC TRANSIT SERVICES IN TOMPKINS COUNTY
Fixed -route transit systems in Tompkins County as of January 26, 1992'
There are two public and two private transit agencies in the County. Ithaca Transit is the
municipal transit operator of the City of Ithaca. TOMTRAN is Tompkins County's public transportation
program which contracts with private operators for service. Tioga Transport, Inc. is a private operator
under contract with Tompkins County. CU Transit, Inc, a transportation corporation subsidiary of Cornell
University, provides TOMTRAN service in addition to operating its own routes.
A. TOMTRAN is a county -wide rural transit system connects the towns and villages in the County
with the urban center - the City of Ithaca. It has six fixed routes which serve altogether seven towns
and villages. Each route operates on individual schedules with a variety of frequency of service and
headways (time between buses). Tompkins County contracts with Tioga Transport, Inc. and CU Transit,
Inc. to operate TOMTRAN routes.
Tioga Transport operates TOMTRAN Routes #43, 56, 51 and 52 serving the Towns of Lansing,
Danby and Caroline. The earliest starting time is 4:45 am on Route 51 (Caroline). Routes are finished
by 6:30 pm.
CU Transit operates TOMTRAN Routes #41, 42, 46, 47, 48 and 55 serving Trumansburg,
Groton, Dryden, and Newfield. In general, buses start at 6:00 am and end by 8:00 pm.
B. Ithaca Transit operates seven fixed routes, weekdays and Saturdays, in the City of Ithaca and
the Town of Ithaca. Ithaca Transit routes are based on 1 hour headways, but overlapping routes
provides increased frequency of service. In general, Routes #1-6 start at 6:00 am and end at 6:00 pm.
Route 2A provides evening service from 7:17 pm to 2:00 am.
Ithaca Transit contracts with Swarthout & Ferris to operate Northeast Route #33 in the Village
of Lansing, Town of Ithaca and City of Ithaca. Route 33 runs until 10:00 pm.
C. CU Transit operates Routes # 81, 82, 83, 91, 92, 93, 50 and 31 serving the Cornell University
campus and adjacent urban and suburban areas. The first bus starts at 6:45 am. Many routes end
by 6:30 pm. Evening service on Route 50 -East Ithaca continues until 12:00 am. Routes # 91, 92 and
93 operate between 6:00 pm and 1:30 am.
D. GADABOUT Transportation Service provides paratransit upon demand to the elderly and
handicapped persons in the County. A detailed description about this service will be presented .in the
following chapter.
Fixed -route bus service is regularly scheduled service on defined routes.
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CHAPTER TWO
EXISTING PARATRANSIT SERVICES IN TOMPKINS COUNTY
A. GADABOUT Transportation Services, Inc.
The paratransit provider for senior citizens and disabled persons in Tompkins County is
GADABOUT Transportation Services, Inc. GADABOUT transports passengers between all points in
Tompkins Counties and select points in Schulyer County. Currently, GADABOUT operates Monday
through Friday from 7:00 am to _:00 pm. There is also limited service on Saturday and Sunday.
GADABOUT is a not-for-profit corporation chartered under Section 402 of the Not -for -Profit
Corporation Law. GADABOUT holds operating authority (DOT 31049) from the New York State
Department Of Transportation (NYSDOT). The agency owns and operates 11 mini -buses.
B. Capacity
GADABOUT provides demand -response paratransit, requiring an 24 hour advanced trip
reservation by passengers. GADABOUT has five vehicles in revenue (fare producing) service. Most
of the vehicles are equipped with wheelchair lifts, as listed in the following table.
Year Type of Name Seating,
of Mfr. Vehicle of Mfr. Capacity
1989 Minibus Coach & Equipment 14.
1987 Minibus TPI (1) 5
1987 Minibus TPI 9
1986 Minibus Coach & Equipment 11
1986 Suburban Van Dodge 12
C. Financial Status
GADABOUT receives operating funding from New York State, local government agencies,
charitable donations, and passenger revenues. Capital funding comes from a combination of federal
FTA 16(b)(2) and Section 18 grants, New York State and local. sources.
The expenditure of GADABOUT in the past three years has showed a steady annual. increase.
Its 1989's balance sheet shows assets of $157,027, liability of $2,690, and a net equity of $147,337.
Its 1990 budget was balanced at $178,856.
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D. Fares, Service Type, and Service Area
GADABOUT paratransit service system has two different fare systems currently in use:
Demand Responsive Services:
1. Regular fare $2.50
2. Senior citizen (over 60 years of age)
& handicapped $1.25
3. Senior citizen & handicapped
travelling in the City only $0.60
Commuter Service - Route Deviation, Wheelchair Accessible
1. Trips in City of Ithaca $2.00
2. Trips in Town of Ithaca $3.00
3. Zone 1 - trips outside Town of
Ithaca, five miles from
the Center of Ithaca $4.00
4. Zone 2 - trips outside of
Zone 1 within
Tompkins County $8.00
5. Trips to TC3 (Tompkins -Cortland
Community College) in Town
of Dryden $12.00
6. Trips to/from Watkins Glen
in Schuyler County and trips
to/from Cortland in
Cortland County $12.00
GADABOUT provides commuter service and demand responsive service. Commuter services
operate Monday through Friday from Ithaca to Dryden.
The demand -responsive service operates with a combination of regularly scheduled daily trips
in service areas and in response to individual requests. The regular trips include: Tuesday from Ithaca
to Newfield and Caroline; Wednesday from Ithaca to Pyramid Mall and East Hill Plaza; and Thursday
from Ithaca to Trumansburg. Other examples of regular trips include food shopping trips in the City of
Ithaca.
Demand Responsive service can be arranged in advance between all points in Tompkins
County, and between Tompkins County and the City of Cortland (Cortland County) and the Village of
Watkins Glen (Schuyler County). The demand responsive service provided by GADABOUT requires a
24-hour minimum advance reservation. There are two phone numbers: 274-1878 (Ithaca main office)
and 898-4661 (Groton office).
Information on service availability or changes in operation are publicized by print and radio
media, senior citizen organizations, volunteer agencies, County Department of Social Services, County
Office for the Aging, the Information and Referral service, and health practitioners in the County.
GADABOUT provides transportation services on a first -come -first -serve basis. ADA paratransit
service will not be prioritized by trip purpose. Non -ADA paratransit would be prioritized when demand
exceeds capacity or to resolve significant schedule conflicts.
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CHAPTER THREE
EXPANDING COMPARABLE PARATRANSIT SERVICES
A. ADA Paratransit Eligibility
Federal ADA Law definition of disabled persons will be used to determine eligibility in Tompkins
County. According to the ADA law, "disability" is defined to as:
"- any physical or mental impairment that substantially limits one or more major life activities,
a record of such an impairment, or being regarded as having such an impairment."
Major life activities include caring for oneself, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning, and working. The definition used in the Americans with Disabilities Act
is similar to the one used in Section 503 and Section 504 of the Rehabilitation Act of 1973 and in the
many regulations implementing that law with two additions: persons with congenitaldisabilities and those
with contagious or noncontagious diseases (including tuberculosis and HIV diseases) are included in the
ADA definition.
Not all disabled persons are public transit disadvantaged. The ADA plan provides for paratransit
service when accessible transit buses are not in service and when people are unable to use public transit.
Paratransit provides services which are equal to those available to both physically able and disabled
persons using public transportation.
The ADA plan covers the following categories of persons with disabilities: 1. persons who are
unable to board, ride, or disembark from a bus, even if they are able to get to the stop and the bus is
accessible; 2. persons who cannot use buses without lifts or other accommodations; and 3. persons with
a specific impairment related condition who cannot travel to or from a bus stop.
ADA paratransit eligibility will be granted to persons based on one or more functional, rather
than medical, conditions. ADA paratransit eligibility will be extended to disabled persons in service areas
not being served with accessible buses. After accessible buses are in service is, ADA eligibility will be
reviewed for persons in category one.
B. ADA Certification Procedure
GADABOUT will be the central registry for ADA paratransit eligibility in Tompkins County.
The ADA paratransit list will be initially developed from existing information from GADABOUT. They
will certify ADA eligibility for their current riders.
If ADA eligibility is questioned, persons should fill out Form A. They should have Form B filled
out by physicians or health professionals of equivalent level to confirm the information the applicants have
provided. Both forms are included in Appendix A.
5
Information about the process and application material will be made available in accessible
formats, such as in large prints or on audio ;cassettes. Upon receiving the applications the paratransit
agency will determine the applicants' eligibility according to the provisions listed in the above forms and
will notify applicants within ten days of the determination made. If eligibility is granted to an applicant,
a letter of certification will be issued to the individual upon request.
Individuals who are denied eligibility may appeal to the ADA Advisory Board. Upon receiving
the appeal files, the Board should schedule hearings with 30 days. Results of the appeals will be
forwarded to individuals involved in writing within 3 days of the Board's decision.
Visitors to the Tompkins County area who are certified paratransit eligible by other counties or
states will be treated equally as local residents.
C. Paratransit Demand Analysis
According to the national demographic data on public transit disabled (presented in the ADA
,Paratransit Handbook), approximately 2.5% of the total population is ADA eligible in terms of public
transportation.
Population data concerning public transit disabled in the Tompkins County area was studied for
sound planning for the future paratransit services. Because the 1990 Census information is not completely
available yet, the 1980 Census data are used in the analysis and projections. In the past decade, there
was 1% of the County's population (or 452 persons with public transit disabilities vs. 63,136 persons with
no such disabilities) in the 16 to 64 age cohort who had public transitdisabilities, whereas 12% (or 747
transit disabled persons vs. 6,078 not disabled) in the 65 and above age cohort who might need paratransit
services. These two percentages (1% and 12%) indicate the demand sources of the County's paratransit
services. The population data for the County show that a large proportion of the future demand will
continue to come from senior citizens (i.e., from the age cohort of 65 -year-old or above).
During the period of 1985 and 1991, the annual average paratransit ridership accounts for one
percent (1%) of the County's total public transit ridership. In the year of 1991, the total annual ridership
County -wide was 2,046,460, among which 2% was serviced by GADABOUT - the paratransit agency.
This two percent is a substantial increase in comparison to the average one percent of riders carried by
the paratransit agency during the past seven years (1985 through 1991). The increase in ridership serviced
by the paratransit agency is consistent with the general trend of public transit, which has shown a clear
indication of increased utilization of public transportation.
A market research approach is needed to identify and inform eligible users of ADA paratransit
services.
RECOMMENDATION:
ADA market research shall be initiated to evaluate needs of ADA eligible passengers and
to refine marketing and public information access on ADA paratransit services. An ADA marketing
group shall be established by 10/1/92 to complete a marketing plan by 5/1/93. Public information
will be produced in accessible formats.
6
D. Expanding Complementary Paratransit Services
The complementary paratransit will provide demand responsive service to ADA eligible persons.
Such paratransit service will be provided for persons who are ADA eligible because of functional
disabilities or the lack of accessible buses currently providing transit service.
Complementary paratransit service is defined by service area and hours of operation of fixed route
public transit service. The service area is defined according to the ADA regulations (for a minimum
service area extending from .75 mile (minimum) to 1.5 mile (maximum) on both sides of a bus routes
that paratransit services should be made available to disabled persons in areas where and when fixed route
public transit is available.
In addition to service area, public transit bus schedules will determine the hours of ADA
paratransit service. The time of service and the pick-up location (or the distance of the trip) requested
by the eligible individual will be matched against that of the fixed route service case by case. For
example, if the paratransit service request is from the Town of Ulysses and is about two and half miles
away from the nearest fixed route service; or if the request is prior to 6:07 am or after 7:15 on, then the
request will be denied because either the location is out of the paratransit service corridor or the time
requested is beyond the fixed route service hours. The ADA does not require that paratransit service
be provided if the requested pick-up location or time does not agree with that of the fixed route service.
All paratransit services must be reserved 24 hours in advance. GADABOUT will take
reservations during normal business hours on Monday -Sunday and holidays. Advance reservations can
be made by paratransit eligible persons up to fourteen days in advance for a desired trip.
RECOMMENDATION:
The City of Ithaca, Tompkins County and Cornell University will contract with
GADABOUT Transportation Services, Inc. to provide comparable demand -responsive, paratransit
services required by the ADA plan. The hours of ADA paratransit operation shall mirror the hours
of fixed route public transit service in the County. The ADA service area shall cover 1.5 miles on
both sides of a public transit bus route. Passenger trips with origins and destinations in an active
ADA service area are eligible for ADA service.
E. ADA Paratransit Fares
To comply with the Americans with Disabilities Act, the submitting entities have reached a
agreement that a new paratransit fare system be adopted for the future expanded services. The fare for
a paratransit service trip will be determined by that of the fixed route rates. Specifically, the fare for a
trip charged to an ADA paratransit eligible user of the complementary paratransit service shall not exceed
twice the fare which would be charged to an individual paying full fare (i.e., without regard to any
discounts) for a trip of similar length, at a similar time of day, on the entities' fixed route system.
The fares for individuals accompanying ADA paratransit eligible individuals will be the same as
for the ADA paratransit eligible individuals they are accompanying. However, a personal attendant shall
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not be charged for complementary paratransit service. By permission of the ADA, when paratransit
services are guaranteed to a social service organization, the paratransit operator may charge a fare higher
than otherwise permitted by' this Law.
RECOMMENDATION: ADA paratransit fares shall be: $1.00 for trips in the City of Ithaca, $1.20
for one zone (suburban) trips, and $2.50 for two zone (rural) trips.
F. Undue Financial Burden Waiver
The ADA defines that a paratransit agency may request for an undue financial burden waiver
under this law when the planned provision of paratransit service cannot be fully or partially materialized
by July 26, 1997. However, if the paratransit agency intends to provide complementary paratransit service
to ADA paratransit eligible individuals exceeding that requested by the law, the cost of such service (or
additional service) will not be considered in the agency's request for an undue financial burden waiver.
8
CHAPTER FOUR
PLAN UPDATE AND MILESTONES
A. Implementation Milestones
1. Tompkins County, City of Ithaca and Cornell University will approve and file the ADA Plan
before July 26, 1992 and annual updates through 1997. The updates will include information necessary
to provide all significant changes and revisions to the timetable for implementation - the information
requirements of the Americans with Disabilities Act.
2. By September 1, 1992, cost analysis of implementing ADA service recommendations will be
completed.
3. The City of Ithaca, Tompkins County and Comell University will contract with GADABOUT
Transportation Services, Inc. to provide comparable demand -responsive, paratransit services required by
the ADA plan.
4. GADABOUT shall be the central registry of ADA eligible riders in Tompkins County. Upon
request, Challenge Industries and Finger Lakes Independence Center shall assist in qualifying persons they
know to be ADA eligible. The ADA Advisory Board shall hear appeals to certification decisions.
5. The hours of ADA paratransit operation shall mirror the hours of fixed route public transit
service in the County. The ADA service area shall cover 1.5 miles on both sides of a public transit
bus route. Passenger trips with origins and destinations in an active ADA service area are eligible for
ADA service.
6. ADA paratransit fares shall be: $1.00 for trips in the City of Ithaca, $1.20 for one zone
(suburban) trips, and $2.50 for two zone (rural) trips. ADA fares shall be implemented by 9/1/92.
7. Implementation of ADA paratransit service shall be based on the following priorities and
milestones:
1. Paratransit service to match week day public transit schedule (5am-8pm) 1/1/93
2. Paratransit service on Saturdays 6/1/93
3. Evening paratransit service (8pm to 2am) 9/1/93
8. ADA market research shall be initiated to conduct a demand survey of ADA eligible passengers
and to refine marketing and public information access on ADA paratransit. services. An ADA marketing
group shall be established by 10/1/92 to complete a marketing plan by 5/1/93. Public information will
be produced in accessible formats for mobility, sight, hearing and speaking impaired persons.
9. An ADA Advisory Board shallbe established by 9/1/92 to oversee implementation of the ADA
9
B. Timetable of Bus Fleet Replacement
Inventory of bus fleets shows that combined transit fleet will take longer than five -years to be
replaced with wheelchair accessible buses. The following table provides the number and make of vehicles
in the County's fixed route fleet. It also gives the estimated/expected life span of the vehicles in service,
the projected replacement time, and accessible conditions.
Owner
Model _ Vehicle Type Production Replace Accessible
IT Flexible Bus 1977 1992 No
IT GMC/RTS Bus 1980 1992 No
IT Orion Bus 1983 1995 No
IT Orion Bus 1983 1995 No
IT Orion Bus 1983 1995 No
IT Orion Bus 1989 2001 No
IT Orion . Bus 1989 2001 No
IT Orion Bus 1989 2001 No
IT Orion Bus 1989 2001 No
IT Orion Bus 1989 2001 No
TOMTRAN Thomas Bus 1981 1993 No
TOMTRAN Thomas Bus 1987 1995 No
TOMTRAN Thomas Bus 1987 1995 No
TOMTRAN Orion Bus 1991 2005 Yes
TOMTRAN Orion Bus 1991 2005 Yes
TOMTRAN Orion Bus 1991 2005 Yes
TOMTRAN Orion Bus 1991 2005 Yes
CU Thomas Bus 1981 1993 No
CU Thomas Bus 1981 1993 No
CU Thomas Bus 1981 1993 No
CU Thomas Bus 1981 1993 No
CU Thomas Bus 1981 1993 No
CU Thomas Bus 1981 1993 No
CU Thomas Bus 1981 1994 No
CU Thomas Bus 1981 1994 No
CU Thomas Bus 1981 1994 No
CU Thomas Bus 1981 1994 No
CU Thomas Bus 1981 1994 No
CU Thomas Bus 1981 1994 No
CU Thomas Bus 1981 1994 No
CU Thomas Bus 1981 1994 No
CU Thomas Bus 1981 1994 No
CU Thomas Bus 1987 1999 No
10
Tioga Dodge Van 1986 1992 No
Tioga Dodge Van 1986 1992 No
Tioga Dodge Van 1986 1992 No
Tioga Dodge Van 1987 1993 No
Tioga Dodge Van 1988 .1994 No
Tioga Dodge Van 1988 1994 No
Tioga Dodge Van 1990 1998 No
Tioga Dodge Van 1990 1998 No
Tioga Dodge Van 1991 1999 No
Tioga Dodge Van 1991 1999 No
11
CHAPTER FIVE
PUBLIC PARTICIPATION IN THE PLANNING PROCESS OF
THE ADA TRANSIT PLAN
The planning process of the ADA Transit Plan involves transit agencies participation, coordination,
and cooperation. It also consists of outreach efforts and consultation with persons as well as organizations
of the public transit disabled groups or individuals.
The submitting entities have made efforts to solicit participation in the development of this plan.
These entities have developed contacts by various means with individuals as well as groups of persons
who represent those with disabilities. A special committee consists mainly of representatives of disabled
groups has been formed to provide input in all phases of the Plan development.
The ad hoc advisory committee which put together the plan included five disabled persons and
transit management staff.
Committee Membership:
Brenda Kuhn, Chair
Raymond Reynolds
Diann Samms
Laberta McGruder
Jamie Umhey
Dwight Mengel
Xiaoxia Williams
Bemard Carpenter
Nancy Oltz
William Stebbins
William Crissey
The input from the Committee members has been very important to developing the Plan. The
plan's recommendations were developed and approved by the Committee.
The planning process gives the public and plan participants ample opportunity for commenting on
the draft plan. Copies of the plan are available, in accessible formats, during May, 1992. A Public
Hearing is scheduled for May 28. Public notice of for public review of the plan and of the hearing is
occurring using paid advertising and public information sources.
Representatives from the public transit disabled groups will be expected to continue their
participation throughout the coming five years while this ADA Transit Plan is being implemented.
Appropriate resolutions will be adopted by the County and City. Cornell University will indicate
their acceptance of the plan by letter.
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Appendix A. - Forms
REQUEST FOR CERTIFICATION OF ADA PARATRANSIT ELIGIBILITY
Persons applying for certification of ADA Paratransit Eligibility should fill out
Form A. Form B is to be filled out by a physician or certified health professionals.
The information from the applicants and health professionals will be used only by
the paratransit providers for the provision of requested transportation services.
FORM A
1. Name
2. Address
State Zip
3. Telephone Number (Home) (Work)
4. Date of Birth
5. What is the disability which prevents you from using our fixed route service?
Is this condition temporary? If YES,expected duration until
6. How does this disability prevent you from using fixed route services?
Please explain completely. Use an additional sheet if needed.
7. Are there any other effects of your disability of which we need to aware?
The following information will be used to ensure that an appropriate vehicle
is utilized to provide your transportation and that an accurate analysis of your
trip requests can be made by the GADABOUT Paratransit Agency.
8. Do you use any of the following aids to mobility? (Check all that apply)
Manual wheelchair Electric wheelchair Powered scooter
Cane Crutches Personal care attendant Guide dog_
9. Do you require a personal care attendant when you travel by public transit?
Yes No
10. Please answer the following questions:
Can you travel 200 feet without the assistance of another person?
Yes No Sometimes
Can you travel 1/4 mile without the assistance of another person?
Yes No Sometimes
Can you travel 1.5 miles without the assistance of another person?
Yes No Sometimes
Can you climb three 12 -inch steps without assistance?
Yes No Sometimes
Can you wait outside without support for ten minutes?
Yes No Sometimes
11. I hereby certify that the information given above is correct.
Signed Date / /
12. If this application has been completed by someone other than the person
requesting certification, that person must complete the following:
Name
Address
State Zip
Daytime Telephone
Signed Date / /
In order to allow GADABOUT to evaluate your request, it may be necessary to
contact a physician or other professional to confirm the information you have
provided. Please complete the following information and authorization form.
The following (check one) physician Health Care Professional
Rehabilitation Professional is familiar with my disability and is authorized
to provide information to the required to complete
this certification.
Name
Address
State Zip
Daytime Telephone
Print name Date of birth / /
Signed Date /
FORM B.
Request for Professional Verification
Dear
The attached authorization form is submitted by , who
indicates that you can provide information regarding his/her disability and itsimpact
upon his/her ability to utilize public transit services. Federal law requires public
transit agencies to provide paratransit services to persons who cannot use transit
buses. The information will allow us to evaluate this request and its application to
specific trip requests. Thank you for your cooperation.
Capacity in which you know the applicant:
Medical diagnosis of condition causing disability:
Is the condition temporary? Yes No
Expected duration until
If the person has a disability effecting mobility, is the person:
Able to walk 200 feet without assistance? Yes No
Sometimes
Able to walk 1/4 mile without assistance? Yes No
Sometimes
Able to walk 1.5 miles without assistance? Yes .No
Sometimes
Able to climb three 12 -inch steps without assistance? Yes No
Sometimes
Able to wait outside without support for ten minutes? Yes No
Sometimes
Does this person use any mobility aids? If so, specify.
If the person has a visual impairment:
Visual acuity with best correction: Right eye Left eye Both eyes
Visual fields: Right eye Left eye Both eyes
If the person has a cognitive disability, is the person able to:
Give addresses and telephone numbers upon request? Yes No
Recognize a destination or landmark? Yes, No
Deal with unexpected situations or unexpected change in routine?
Yes No
Ask for, understand, and follow directions? Yes No
Safely and effectively travel through crowded and /or complex facilities?
Yes No
Is there any other effect of the disability of which the Paratransit Agency
should be aware? Please describe.
Your name:
Office address:
Office phone number:
Signature:
OFFICE OF
CITY ATTORNEY
CITY OF ITHACA
108 EAST GREEN STREET
ITHACA. NEW YORK 14850
MEMORANDUM
i>
a WIN C13/113338
TO: Mayor Benjamin Nichols
All Department Heads
Members of Common Council
Chairpersons of all City Boards and Commissi
FROM: Patricia M. Kennedy, Assistant City Attorne'
DATE: March 24, 1992
SUBJECT: Implementation of the Americans With Disabilities Act
TELEPHONE: (607) 274-6504
FAX: (607) 272-7348
This memorandum is intended to provide the paid and volunteer
members of City government with some basicinformation about the
Americans With Disabilities Act, to clarify someof the goals and
minimum standards of the Act, to stimulate discussion and creative
response to meeting our responsibilities under the Act and to
provide information about some of our basic resources for insuring
access.
This memo will focus on the role of the City in prohibiting
discrimination against individuals with disabilities in the
provision of services, programs, and activities. The focus will..
be on the meetings and other types of activities, programs and
services provided by the City, including those provided over the
telephone.
Our officeplans to prepare and circulate additional material on
the subjects of public transportation and employment in the near
,future.
SOME GENERAL BACKGROUND
The Americans with Disabilities Act (ADA) is a wide-ranging civil
rights statute that prohibits discrimination against people with
disabilities. The Act is intended to provide protection to
individuals with disabilities similar to that provided to women,
minorities and others under the Civil Rights Act of 1964. It has
been estimated that there are more than 43 million Americans and
about 2.5 million residents of New York State who have some type
"An Equal Opportunity Employer with an Affirmative Action Program" Recycled Paper
of physical or mental impairment that substantially limits
activities such as walking, talking, seeing or self-care.
As a "public entity" the City of Ithaca is covered by Title II of
the ADA. Effective. January 26, 1992, the ADA provides that no
qualified individual with a disability can be excluded, by reason
of that disability, from the benefits, services, programs or.
activities ofa public entity. This section of the Act extends the
prohibition of discrimination which has existed for federally
assisted programs under Section 504 of the Rehabilitation Act of
1973 to all activities of state and local governments, including
those that do not receive federal financial assistance. This
section of the act also incorporates the specific provisions
against discrimination on the basis of disability from all of the.
other sections of the ADA (Title I Employment; Title III - Public
Accommodation; Title V - Miscellaneous).
Title II, therefore, adopts the general prohibitions against
discrimination established under Section 504, as well as the
requirements for making programs accessible to individuals with
disabilities and for providing equally effective communications to
all persons.
WHO IS CONSIDERED "DISABLED" UNDER THE ADA?
ADA protection is extended to any person with a disability. The
term "disability" is defined by the Actin three components.
First, a disability is any physical or mental impairment which
substantially limits an individual's ability to perform one or more
major life activities. Such activities include walking, talking,
seeing, hearing and caring for oneself. Secondly, -a record of such
an impairment can be considered a disability under the ADA. Third,.
someone who is "regarded as" having an impairment may also be
entitled to ADA protection.
WHAT CONSTITUTES DISCRIMINATION?
In the public service context, discrimination can basically fall
into several categories. The most obvious form of discrimination
against the disabled is that created by architectural barriers to
access. In other words, when a disabled person cannot attend a
meeting, use a service available to others or participate in a
program offered by the City because the building in which the
meeting, service or program is offered is designed or constructed
in such a way that a person with disabilities cannot attend.
The ADA requires that all governmental activities, even if they
are carried on by private contractors, be accessible.
2
All meetings, services, programs and activities offered by the City
should take place in buildings which are architecturally accessible
to those who have mobility or visual impairments.
There is a second category of activities which includes
communication with the public. For example, telephone contacts,
office walk-ins or interviews and the public's use of the City's
facilities.
These services must also be provided in an architecturally
accessible fashion. The Act requires that, to the maximum extent
feasible, facilities must be accessible to and usable by
individuals with disabilities. This means that itis not
sufficient to provide features such as accessible routes, elevators
or ramps if those features are not maintained in a manner that
enables individuals with disabilities to use them. Inoperable
elevators, locked "access" doors, "accessible" routes that are
obstructed by furniture, filing cabinets or potted plants would not
be considered accessible to nor usable by individuals with
disabilities.
The architectural access standards under the ADA do not require
that extensive retrofitting of existingbuildings take place: so..
long as alternative methods.. are adopted for the provision of.
programs. Title II requires a public entity to make its programs
accessible in all cases, except where doingso would result in a
fundamental alteration inthe nature of the program or an undue
financial and administrative burden. Congress intended that the
"undue burden" standard in Title II be significantly higher than
the "readily achievable" standard in Title III (which covers places
of public accommodation). Title II is intended to insure that
individuals with disabilities can participate in and benefit from
services, programs or activities of public entities in all but the
most unusual cases.
The decision that compliance would result in an undue burden or.
extensive and expensive alteration must be made by the head of the
public entity or by someone designated by that person. In other
words, any decisions which would deny access must be made by the
Mayor or a Department Head -- someone who has budgetary authority
and responsibility for making spending decisions. Structural
changes in existing facilities are required only when there is no
other feasible way to make the service or program accessible. The
City may comply with program accessibility requirements by
delivering services at alternative accessible sites.
Of course, all new construction must be consistent with current
accessibility standards.
3
COMMUNICATIONS
The City is required to take whatever steps are necessary to insure
that communications with applicants, participants and members of
the public with disabilities are as effective as communications'
with those who are not. disabled. Under Title II, the City is
required to furnish appropriate "auxiliary aids and services" when
necessary to ,afford • an individual with a disability an equal
opportunity . to participate in and enjoy . the benefits of all of the
City's services, programs or activities. The City is required to
provide an opportunity for individuals with disabilities to request
auxiliary aids and services of their choice.
The City is required to honor the choice for auxiliary service
unless the City can demonstrate that another effective means of
communication exists or that the use of means chosen would not be
required under the Act. The federal regulations indicate that
deference to the request of the individual with a disability is
desirable because of the range of disabilities and the variety of
modern auxiliary aids and services. For instance, some court rooms
are now equipped with "computer-assisted transcripts" which allow
virtually instantaneous transcripts of court room argument and
testimony to appear on displays. • Such systems, which are quite
expensive, might be an effective auxiliaryaid for a person who is
deaf or has a hearing loss and who uses speech to communicate, but.
may useless for someone who primarily uses : sign language.
In some circumstances a note pad and written materials may be
sufficient to ,permit effective communications. In other
circumstances, this will notbe sufficient and, a qualified
interpreter may •be necessary when the information being
communicated is complex or exchanged for a lengthy period of time.
The City, in providing these services, in entitled to consider
factors such as whether an interpreter may be the better choice
because of the number of people involved. or the importance of the
communication.
INFORMATION AND SIGNAGE
Title II requires the City to provide information to individuals
with disabilities concerning accessible services, activities and
facilities. The City is required to provide signage at all
inaccessible entrances to each of its facilities that directs users
either to an accessible entrance or to another location with
information about accessible facilities. For example, signage
somewhere in a large building should indicate where a hearing-
impaired person may be able to find a TDD -equipped pay phone or a
TDD -equipped phone which is accessible to the public. .
NOTICE
Title II requires that the City disseminate sufficient information
to applicants, participants, beneficiaries and other interested
persons to inform them of the rights and protections afforded by
the ADA. Some of the suggested methods for providing this
information include the publication of information in handbooks,
manuals, and pamphlets which can be distributed to the public and
which describe methods for access to the City's programs and
activities. The City could also display informative posters in
service areas and other public places or broadcast the information
by television or radio over local channel or access channels.
Whatever method of providing notice is selected, the City is
required to comply with the general requirements for effective
communication. In other words, if auxiliary aids or services will
be necessary in order to communicate notice requirements to the
potentially disabled public, the City will need to do that on a
regular basis.
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDDs)
Title II requires that where the City communicates with applicants:
and beneficiaries by telephones, TDDs or equally effective.
telecommunication systems must be used to communicate with
individuals with impaired speech or hearing. Some problems have
arisen: when public entities which do not have TDD need to
communicatewith an individualwho has a -TDD or vice versa. One
way that this problem is being dealt with is through a separate
section of the ADA. Title IV of the ADA requires the establishment
of telephone relay services to permit communications between
individuals who communicate by TDD and individuals who communicate
by telephone alone. New York has established this relay. If you
are on a "voice" phone and wish to use the relay service to call
someone on a TDD, the number is 1-800-421-1220. If you are going
from a TDD line to a voice line, the relay number is 1-800-662-
1220. The relay operator will help you by acting as a conduit for
the voice and TDD transmission. For those who have never seen one,
a TDD, a photo is attached.
The Federal government encourages entities which have extensive
telephone contact with the public such as City Hall, public
libraries and public aid offices to have TDDs to ensure more
immediate access.
TELEPHONE EMERGENCY SERVICES
Many public entities including City government, provide telephone
emergency services by which individuals can seek immediate
assistance from police, fire, ambulance and other emergency
services. I believe that both the Fire Department and the Police
Department are currently outfitted with telephone emergency
5
services which are accessible to persons with impaired hearing and
speech.
SELF-EVALUATION
The Act requires that the City evaluate its current practices and
policies to identify and correct any which are not consistent with
the requirements of the ADA. The City has until January 26, 1993
to complete that self-evaluation. The self-evaluation must be in
writing and must be maintained in a file which is available and
accessible to the public. The self-evaluation report must be kept
for at least three (3) years.
The self-evaluation should include an examination of training
efforts to ensure that individuals with disabilities are not
subjected to discrimination because of insensitivity. The U.S.
Attorney's Office suggests that lack of training could lead to
discriminatory practices even when the discrimination is not
intentional. •Itis very clear that conducting the self-evaluation
does not put off the effective date of the ADA. Starting with
January of 1992 the ADA requirements for public entities have been
effective and applicable to the City of Ithaca. Because the City
was already attempting tocomply with requirements of Section 504
of the Disability Act as a result of its receipt of federal.
funding, some of the architectural access issues have been already
discussed, addressed and implemented'. However, self-evaluation is
not going to shield the. City from discrimination claims for those
sections of the Act.
GRIEVANCE PROCEDURES AND COMPLAINTS
The Act requires that all public entities that employ fifty (50)
or more persons establish a grievance procedure for the resolution
of complaints. Any disabled person who believes that he or she has
been subjected to discrimination on the basis of disability can
file a complaint either with the City or with any agency providing
funding to the City, or with the Department of Justice. Complaints
should be filed within one hundred. and eighty days (180) of the
date of the alleged. discrimination.
The Act encourages voluntary compliance agreements but provides for
the payment of at'torney's fees by the municipality to the attorney
for the individual.who.has been discriminated against.
The Act also authorizes and encourages the use of alternative means
of dispute resolution.
'Leslie Chatterton's."Accessibility Survey Update" of January
1992 is now available in the Planning Department.
6
No City will be excused from compliance with any of the
requirements of the Act because it was unable to identify an agency
which could provide technical assistance to it in conforming with
the Act.
H. Matthys Van Cort, Director of Planning and Development, has been
designated under the old Section 504 to hear complaints. A copy
of the Grievance Procedure as established for 504 complaints and
as adopted by Common Council on August 7, 1985 is attached.
WHERE SHOULD WE GO FROM HERE?
It is the suggestion of our office that all Departments, boards and
commissions and others who are responsible for the planning or
implementation of City programs, services or activities begin the
self-evaluation process with the intention of creating a written
report as soon as practicable.
Primary attention should be given to:
1) Identifying programs, services or activities provided by
the City department or commission.
2) Identifying ,any architecturalbarriers
prohibit those with disabilities from participating
program, service or activity.
3) Determining what structuralchanges might
to eliminate architecture barriers.
which would
fully in the
be necessary
4) Determining alternative methods of providing the program,
service or activity which would not require structural changes.
5) Determining what steps would be necessary to insure that
communications with applicants, participants and members of the
public with disabilities are as effective as communications with
others who are not disabled.
6) Determining how to
participants or beneficiaries
of their rights and option for
commissions, programs, service or
notify potential applicants,
with different disabilities
access to the departments or
activity.
7) Developing a complaint procedure and person identified.
to act to resolve complaints..
RESOURCES
One of the City's best resources for performing this self-
evaluation and implementing the goals and requirements of the ADA
is the City's Disability Advisory Council. Brenda Kuhn, the Chair
of that Council, has indicated that Council members are willing to
7
provide suggestions to City staff and volunteer boards as the City
seeks to insure that its citizens with disabilities have full
access to all that the City offers.
Another good resource is the Finger Lakes Independence Center.
John Ives, who is on the Center's staff, provides "Barrier -free"
consultations.
As I indicated at the beginning of this memo, there will be follow-
up materials on employment and transportation services. In
general, Title I of the ADA which deals with. employment takes
effect on July 26, 1992 for employers with twenty-five (25)
employees or more.
Public transportation provisions are included in Title II. Since
August 26, 1991, all public entities which purchase passenger.
transport vehicles have been required to insure that such vehicles
are accessible and usable by individuals with disabilities. By
June of 1992,. entities which operate fixed route systems are
required to provide para -transit systems for those with
disabilities to the extent that undue financial hardship is not
incurred.
New public transportation facilities must be accessible and key
existing stations or transit locations must be accessible by July
26, 1993.
Questions may be addressed to our office and if we do not know the
answer we will attempt to find it.
Attachments
8
TM
4 g TeIeeornmunications Device for the Deaf
•
✓'J'�(i.�,:• ''''rt
rt,
Portable printing T DE
So you'll remember every
word. This easy-to-use printing TDD
is rugged, reliable, and packed with
features for you. You'll love the
easy -touch keyboard. And the
memory lets you save and send
messages. You can even add auto
answer to receive messages while
you're away. For travel, just snap on
the hard case cover, pick up the
handle, and go! Servicing is simple.
Superprint's 24 -character printer slides
in and out. You can even replace
the batteries yourself. Superprint —
so you'll remember every word.
wilt] rn rnon y
Features
• Completely portable. easy to use
• Easy -touch 4 -row key board
• Memory to save and send messages
• 24 -character printer
• Clear 20 -character display
• Rechargeable batteries
• One year warranty
• Includes case cover and carrying
handle
• Auto answer, keyboard dialing,
TDD AnnouncerTM (built-in voice),
and ASCII code are available.
•
Printing
Telecommunications
Device for the Deaf
Big features in a printing TDD. That's
the Superprint. Every Superprint
comes with a four row keyboard for
typing ease, a 2048 character
memory to save and send messages,
a bright 20 -character display, user -
serviceable batteries, AC adapter, a
built-in carrying case, and U.S. and
International TDD codes.
Exciting Superprint options include
ASCII code (to talk to computers) and
the new TDD AnnouncerTM; the - .
built-in voice that announces your
call with a pleasant message until it is
answered by another TDD.
The Superprint 100 comes with a
printer port for hook-up to an
external printer.
If a rugged, dependable TDD with a
built-in printer is your choice then
you'll want the Superprint 200.
Want a printing TDD with Auto
Answer? The Superprint 400 is for..
you. While you're away, the
Superprint 400 answers your phone
and takes messages for you. It also
connects directly to your phone; has
keyboard dialing, and the built-in
printer.
With a Superprint you get the
features you want. You can • get them
now or add them later. Superprint
TDDs are built to last, year after year,
bringing you the best in portable
printing communications.
Superprint is distributed by:.
Features
Handset coupler
TDD AnnouncerTM
Paper compartment
Direct connect switch
Direct connect jack
Printer switch
Printer module (slides out)
• Signal light
Power light
Case cover
20 -character display
On/off switch
autittm,/tvr se e
43 key 4 -row keyboard
Large space bar
Specifications
AC charger/adapter •
Carrying handle
Physical Dimensions
Size: 12.5" x 9" x.3" -
.,(317.5mm x 228.6mm x 76.2mm)
Weight: 4.75 lbs. (2.2 kg) with batteries
Power
NiCad rechargeable batteries (6 size AA)
AC charger/adapter: 9VDC, 650 ma
Adapter fits inside the case
UL/CSA°listed
Keyboard
4 -row keyboard
43 easy -touch keys
Typewriter -style layout
13 special function keys
Display
Bright 20 -character display
0.25" (6mm) character height
Telecommunications
Baudot (TDD standard) code
International (50 baud) code
Coupler accepts both circular and square
handsets
FCC approved
High/Normal Sensitivity Control (E.A.R.S TM)
External Printer Option
Memory
2k (2048) character memory
Non-volatile
Stores conversations -
Stores and sends pre -typed message
Printer Module
24 -column printer
Inserts into unit without tools
Print speed 0.8 lines per second
20 -column printer available
21/4" (58mm) wide paper
Upper and lower case print
Auto -Answer Module
Automatically answers calls
Changeable answer message
Directly connects to telephone line
Keyboard dialing
Computer (ASCII) Code Module
Allows communications with computers and
ASCII TDDs
ASCIIMY character set
110 and 300 Baud
Answer/Originate
Full/Half duplex
Automatic code detection on incoming calls
_ %44
62 Normandy Lane
'La/ /1:117 -Er, Madison. Wisconsin 53719
r (6081273-0707 (Voice/WO/
•
• Printer port for hook-up to external
printer (included with the Superprint 100)
• Full-size 80 column printer and
connecting cable available ...
CHAPTER II. GRIEVANCE PROCEDURE
Step 2 in the Revenue Sharing requirements is the
adoption of a grievance procedure to ensure prompt and equitable review
of complaints alleging handicapped discrimination. The Grievance Procedure
must incorporate due process standards, and must contain:
(I.) A detailed description of the procedures for the
submission of a grievance;
(2.) A reasonable timetable for review and resolution
of the grievance;
(3.) A two-step review process which allows for appeal; and
(4.) Provisions for keeping a record of all grievances sub-
mitted and documentation of steps taken toward resolu-
tion.
In accordance with Revenue Sharing requirements,
the following Grievance Procedure and Amendment were adopted by Common
Council on August 7, 1985. Public comment was invited at a meeting
on .handicapped accessibility held on July 25, 1985.
RESOLUTION
WHEREAS, Section 504 of the Federal Rehabilitation Act of 1983 prohibits
discrimination on the basis of handicapped status in programs
of Federal financial assistance, and
WHEREAS, the Office of Revenue Sharing, in 31 CFR 51, has adopted a
Section 504 implementation plan which includes the establish-
ment of a grievance procedure by any government recipient
of Revenue Sharing funds, and
WHEREAS, the City of Ithaca is a recipient of Revenue Sharing funds and
wishes to comply with the above requirements,
NOW, THEREFORE, BE IT RESOLVED, that the City of Ithaca hereby adopts
the following Grievance Procedure:
9
GRIEVANCE PROCEDURE [Adopted by Common Council August 7, 1985.]
Statement of Intent
It is the intent of the City of Ithaca -Common Council that all programs and
activities of the City of Ithaca which are designed to be made available to
the public shall be made accessible to the handicapped in accordance with
the provisionsof Section .504 of the Rehabilitation Act of .1983 and other
applicable Federal Agency Rules including the Office of Revenue Sharing
provisions 31 CFR Part 51.55.
. The following Grievance Procedure is established to meet the requirements
of the Revenue Sharing Act. It should be used by any individual who
wishes to file a complaint alleging discrimination on the basis of handicap
in employment practices and policies or the provision of programs, services
and benefits by the City of Ithaca. ,
The Section 504 Program .Coordinator, appointed by the Mayor, is the desig-
nated responsible City employee to coordinate the City efforts, to receive
complaints from aggrieved persons- and to establish due process procedures
to insure prompt and equitable resolution of complaints.
Procedure'
1. The Grievance should be in written form and contain as much information
as possible about the alleged discrimination, including name, address, phone
number, location and description of problem. It should, be submitted by
the complainant and/or his or her designee within 35 calendar days of the
alleged violation to: The Section 50,4 Program Coordinator, City Hall,
108 East Green Street, Ithaca, N.Y. 14850, (607)-272-1713. Complainant
may submit any information she/he deems relevant, including statements
from witnesses or other. concerned .parties. Other arrangements for 'submis-
sion of a grievance such as a personal interview or tape recording will be
made available for the visually -impaired or those with motor impairments,
upon request to the Program Coordinator.
2. The Section 504 Program Coordinator shall acknowledge receipt of the
complaint within 5 working days, copying the Chairperson of the Human
Services Committee of Common Council and the City department involved.
The Section 504. Program Coordinator may at this, time request that addi-
tional information be supplied by the complainant within 10 working days
of request. The City Department and/or individual involved shall be
given the right to respond to said grievance within 5 working days of
notification.
3. Within 20 working days of receipt of the complaint, or of any addi-
tional requested information, the Section 504 Program Coordinator will
respond in writing '(and verbally, if requested) to the complainant and/or
his or her designee,, copying the Chairperson .of the Human Services
Committee and the City Department involved. The response will offer a
resolution, explain the position of the City of Ithaca with respect to the
complaint, or notify the complainant of actions taken to resolve the complaint.
10
Grievance Proc.
Adopted by Comm. Council 8-7-85
page 2.
4. Grievance shall be presumed resolved unless complainant, in writing and
within 10 working days of receipt of response, appeals to the Human Services
Committee of Common Council in care of the Chairperson, City Hall, 108 East
Green St., Ithaca, N. Y., 14850; coping the Section 504 Program Coordinator
and the City department involved. In addition to the written appeal, a
hearing may be requested at which the complainant may appear personally,
or through a designated individual and/or bring an- advocate.
Appeal, including a. hearing, if requested, will be considered at the next
scheduled meeting of the Human Services Committee or within 35 calendar'
days of receipt of the request --whichever is sooner. The City Department
and/or individual involved shall be given the right to . respond to the griev-
ance . during the appeal.
5. The Human Services Committee shall notify the complainant and/or his
or her designee, of the final resolution within 35 caiendar days of the meeting
or hearing. Notification .shall be in writing (and verbally, if requested),
with copies to the section 504 Program Coordinator and to the City department
involved.
6. Complaint shall be presumedresolved unless complainant initiates' litigation
pursuant to Section 504 •of the Rehabilitation Act of 1983 or other applicable
Federal agency rules.
In addition to the above, the complainant may also appeal to the Tompkins
County Human Rights 'Commission,, 1287 Trumansburg Road, Ithaca, N.Y.,
14850 (Phone 274-5559) . All complaints received by the Section 504 Program
Coordinator, and responses from the City of Ithaca or Human Services
Committee will be kept by City of Ithaca for :a period of three years. These
documents may be requested by the Office of Revenue Sharing should an
investigation into alleged discrimination on the basis of handicapped status
be initiated.
7-9-85
v.
8/7/85
Amendment to Agenda Item XVI.A - Grievance Procedure for Handicapped Access
Under "Procedure", subdivide Step 2 into (2a) and (2b) between first and
second sentence.
Insert new Step 6: "If the progran. coordinator determines that, because of
time constraints, the complainant will be effectively denied redress under
the normal procedures even if successful, (e.g., the program will be over,
or the job will be filled, before a hearing and determination can be ac-
commodated under the above schedule) then Steps 2b, 3, and 4 (above) may
be bypassed, and the Program Coordinator may request the Chairperson of the
Human Services Committee to convene a special meeting of the Committee
to hear the grievance and provide a final determination in a timely manner.
The Program Coordinator, the complainant and/or the complainant's desig-
nated representative, and the City Department Head or individual involved
shall be invited. The Human Services Committee shall notify the complainant
and/or his or her designee of the final resolution within five days of the
hearing. Notification shall be in writing (and verbally, if requested) with
copies to the Program Coordinator and to the City Department involved.
Renumber Step 6 to become Step 7.
12