ADA Information and Public Notice

The passage of the Americans with Disabilities Act (ADA) of 1990 produced a comprehensive package of civil rights protections for persons with disabilities. The key goals of ADA are to ensure that all people with disabilities have equality of opportunity, economic self-sufficiency, full participation in American life, and independent living. To ensure these goals are met, Title II of the ADA requires state and local governments to make their programs and services accessible to persons with disabilities. [28 CFR §35.149]

In accordance with these requirements, Dorchester County Government will not discriminate against qualified individuals with disabilities on the basis of disability in services, programs or activities. Under the ADA, Dorchester County Government is required to “make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability.” Dorchester County is required to do so in every situation, unless it can demonstrate “that making the modifications would fundamentally alter the nature of the service, program, or activity.” [28 CFR 35.130(7)]

ADA Coordinator - As required by the ADA, public agencies with 50 or more employees must designate at least one responsible employee to coordinate ADA compliance and investigate complaints. The County’s ADA Coordinator can be reached at the following:

Dorchester County Government
Attn: ADA Coordinator
Human Resources Department
500 N. Main St, Summerville, SC 29483
Email: hrdept@dorchestercountysc.gov

The “reasonable modification requirement” does not require the County to take any action that would impose an undue financial or administrative burden. Dorchester County Government will strive to provide its services, programs and activities in the most accessible manner feasible.

If special accommodations are needed to participate in this public meeting, please send the ADA Coordinator a Citizens Request for Accommodations (Fillable PDF) at least two business days prior to the scheduled meeting date.

ADA Grievance Policy

The Americans with Disabilities Act (ADA) requires that public entities establish a procedure whereby individuals can make complaints of discrimination based on disability status in admission to, access to, and treatment in programs, services and activities provided by the public entity. This requirement is contained in Title II of the ADA, 28 CFR 35.107, entitled “Non-Discrimination on the Basis of Disability in State and Local Government Services.” (In accordance with federal law, a complaint alleging discrimination based on an individual’s disability status may also be filed directly with an appropriate federal agency.)

The following complaint procedure provides an avenue for prompt and equitable resolution of complaints alleging discrimination on the basis of disability in the County provision of programs, services and activities. This provision must be used by individuals who wish to file complaints with the County based on ADA Title II and/or Section 504 of the Rehabilitation Act of 1973, as amended. ADA complaints under Title I-Employment should be referred to the ADA Coordinator in the Human Resources Department. Any individual who believes that he or she or a specific class of individuals has been subjected to discrimination on the basis of disability by a public entity may, by him or herself or by an authorized representative, file a complaint using this form. Also covered are individuals who have a relationship or association with a person with a disability.

PROCEDURE

A. All complaints should be submitted in writing on the ADA Complaint Form (PDF), which is available below or from the ADA Coordinator. Other arrangements for submission of a complaint, such as an in-person interview or tape recording in lieu of a written complaint, shall be made available upon request by persons who have difficulty using a written format. The complaint must contain as much information as possible about the alleged discrimination, including the complainant’s name, address, and day-time phone number.

B. The complaint shall be submitted in writing or by alternate format either by mail or in person within 180 calendar days of the alleged discriminatory act to:

Dorchester County Government
Attn: ADA Coordinator
Human Resources Department
500 N. Main St, Summerville, SC 29483
Or email: hrdept@dorchestercountysc.gov

C. Section 504/ADA Coordinator shall be responsible for coordinating the grievance procedures process in conjunction with the Department Head or other designee of the Department named in the complaint. The Coordinator shall assist in investigating the complaint and in consulting with the County Attorney and the Department named in the complaint. Consultation activities may also include the County Administrator and other County offices, as deemed necessary. The Coordinator shall notify the complainant in writing (or in some other mutually agreed upon format) within 10 working days of the receipt of the complaint that the complaint has been received and is under review.

D. After the investigation is complete, the Coordinator shall meet with the Department Head or Department designee to discuss recommended action and to coordinate a response. This process shall be completed within forty-five (45) working days of receipt of the complaint; unless an extension is warranted. The complainant shall be notified within thirty (30) working days of the receipt of the complaint if an extension is necessary. The response shall be provided by the Department Head or designee in writing or by another method acceptable to the complainant. The response shall offer a resolution of the complaint and/or explain the position of the County with respect to the complaint. The Coordinator shall provide the County Administrator with a copy of the response.

E. All of the above filing dates and timelines may be adjusted by mutual consent of the parties.

F. If a complainant is dissatisfied with the Department’s response, an appeal may be made within thirty (30) calendar days to the County Administrator. A request for appeal must be made in writing or an alternative format and must include specific reasons as to why an appeal is being requested. Send written appeals to:

Dorchester County Government
Attn: County Administrator
201 Johnston Street
St. George, SC  29477

G. All information from the Section 504/ADA Coordinator and the Department pertaining to the complaint is then turned over to the County Administrator. The County Administrator or designee will determine if the decision is reasonable and if the appeal should be sustained based on this review, considering relevant laws, legal precedents, and regulations. The County Administrator or designee will issue a written decision or a decision in an alternate format when necessary within thirty (30) calendar days of the receipt of the appeal request.

H. In lieu of or in addition to an appeal, the complainant may at this stage file with the appropriate federal agency if the complainant has not yet done so.

I. All complaints filed with the County and all responses to such complaints shall be kept on file by the Section 504/ADA Compliance Coordinator for a period of five (5) years from the date of the initial filing of the complaint.

ADA Plans and Forms

• ADA Transition Plan (PDF)
• Citizens Request for Accommodations (Fillable PDF)
• ADA Complaint Form (PDF)