THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY
Karl F. Dean, Mayor
SUBJECT: ADA Implementation Committee and Mayor’s Advisory Committee for People with Disabilities
I, Karl Dean, Mayor of the Metropolitan Government of Nashville and Davidson County, by virtue of the power and authority vested in me, do hereby amend former Mayor Purcell Executive Order No. 008 and 009 and find, direct and order the following:
I. The Metropolitan Government hereby reaffirms its commitment not to discriminate on the basis of disability in its hiring and employment practices, or in admission in, access to, or operation of the programs, services and activities it offers to the public; and
II. The Metropolitan Government continues to make a concerted effort to identify and effectuate those changes that will assist it in becoming more fully compliant with the Americans with Disabilities Act; and
III. The Metropolitan Government solicited the assistance of the United States Department of Justice concerning its compliance with the public access provisions of Title II of the Americans With Disabilities Act, and has memorialized, by written agreement, the actions that will be voluntarily undertaken by it to improve program access for individuals with disabilities; and
IV. The Metropolitan Government recognizes that accessibility, once achieved, must be maintained, and new construction of, additions to, or alterations in its facilities must be monitored for continued compliance with Title II of the Americans With Disabilities Act; and
V. An Implementation Committee composed of Metropolitan Government personnel will assist in assuring compliance with Title II of the Americans With Disabilities Act.
VI. An Advisory Committee composed of persons with disabilities, family members and advocates of persons with disabilities, and interested citizens is an important means to assure that the needs and interests of people with disabilities are given full consideration by the Metropolitan Government,
1. Two Committees. There are two committees known as the ADA Implementation Committee, ("the Implementation Committee") and the Mayor’s Advisory Committee for People with Disabilities ("the Advisory Committee").
2. Composition of Implementation Committee. The Implementation Committee shall consist of the following persons:
a. Director, Department of Finance
b. Director, Department of Law
c. Director, General Services Administration
d. Director, Department of Public Works
e. Executive Director and Secretary of the Metropolitan Planning Commission
3. Staff of Implementation Committee. The staff of the Implementation Committee shall consist of the Metropolitan Government’s Title II ADA Coordinator; the ADA Title II coordinators for each of the Metropolitan Government’s boards, agency, commissions, and departments; persons who, at the Implementation Committee's request, are temporarily re-assigned for the duration of this undertaking from those departments not directly represented by the Implementation Committee; and, such other staff as may be assigned by an Implementation Committee member.
4. Duties of the Implementation Committee. The Implementation Committee shall:
a. Oversee implementation of any changes required to bring those programs, services, and activities offered to the public by the Metropolitan Government into full compliance with Title II of the Americans With Disabilities Act;
b. Directly manage construction of all new facilities, and any additions, alterations, or renovations made to existing facilities, through a construction management system to be established by this Committee for all construction projects undertaken by the Metropolitan Government, except where such duties have been delegated by the Charter of the Metropolitan Government of Nashville and Davidson County to the Director of Public Works, the Metropolitan Board of Public Education or the Metropolitan Traffic and Parking Commission. Construction management responsibilities may be delegated by the Committee where the Committee determines, in writing, such delegation to be in the best interest of the Metropolitan Government;
c. Make recommendations to the Mayor and the Metropolitan Council for modification of the Code of Laws of the Metropolitan Government of Nashville and Davidson County, or other regulations of the Metropolitan Government that may be needed to effectuate a more complete compliance with Title II of the Americans With Disabilities Act;
d. Confer with and advise other departments, offices, agencies, boards and commissions of the Metropolitan Government on issues affecting their department's compliance with Title II of the Americans With Disabilities Act;
e. Report annually or more frequently if the Implementation Committee determines additional reporting to be in the best interest of the Metropolitan Government, to the Mayor and the Metropolitan Council on the Metropolitan Government's progress in implementing the changes required to bring those Metropolitan Government programs, services, and activities offered to the public into a more complete compliance with Title II of the Americans With Disabilities Act.
5. Composition of Advisory Committee. The Advisory Committee shall consist of a minimum of twelve (12) advisors and officers. Membership will be maintained so that one-third of the members shall be persons with disabilities, one-third shall be family members of persons with disabilities or advocates, and one-third shall be professional and business persons from both the private and public sectors, interested citizens, or elected officials. Advisory Committee members shall be appointed by the Mayor and shall serve two-year terms. No Advisory Committee member shall serve more than two consecutive terms. All individuals currently serving as Advisory Committee members shall continue in that role until their two-year term has been completed.
6. Duties of Advisory Committee. The Advisory Committee shall:
a. Promote public education and awareness of the contributions, potentials, and needs of individuals with disabilities and their families;
b. Advocate public and private policies and practices which promote self determination and independence of persons with disabilities and their families;
c. Coordinate local activities on behalf of people with disabilities and their families;
d. Work with a liaison form the Mayor’s office to make recommendations to the Mayor and to respond to inquires from the Mayor concerning problems that need to be addressed involving disabled individuals;
e. Work with the Implementation Committee, when requested, to address problems confronting disabled individuals.
7. Functioning of the Advisory Committee. The Advisory Committee shall meet at least on a quarterly basis. The Advisory Committee shall adopt bylaws and elect individuals to serve as officers. It is the prerogative of the committee members to set up various sub-committees in order to perform the above-described duties.
Ordered, Effective and Issued:
Karl F. Dean
Mayor
Date: March 17, 2008