ADA Self-Evaluation and Transition Plan
The Port of Everett is committed to providing equal access to its public programs, services, facilities, and activities for all citizens including those with disabilities. To achieve this end, the Port is developing an Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan for the Port’s transportation network (streets, sidewalks, crosswalks, etc.) and recreational facilities in compliance with federal and state law.
The Port is pursuing a phased approach to its ADA Self-Evaluation and Transition Plan. Phase I (Winter 2021 - Spring 2021) focused on identifying and prioritizing barriers in the Port’s transportation network and select outdoor recreational facilities. Phase I established policies and procedures set by the U.S. Department of Justice (DOJ) and the Washington State Department of Transportation (WSDOT) and involve a public outreach component. Subsequent phases intend to further identify and address barriers in remaining Port facilities including other recreational sites, building facilities, and Port services, programs and activities. The initial scope of the Port’s ADA Self-Evaluation and Transition Plan includes areas within the Port’s destination waterfront from 10th to 18th Streets, west of West Marine View Drive.
To satisfy the requirements set forth by Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990 (CFR 28 Part 35), and WSDOT Local Agency Guidelines Manual (Chapter 29), this ADA Self-Evaluation and Transition Plan intends to:
- identify physical and communicative barriers in the Port of Everett’s transportation network and public recreational facilities that limit the accessibility of its programs, services or activities to individuals with disabilities;
- describe the methods to be used to make the facilities, programs, services or activities accessible;
- provide a schedule for making necessary modifications to provide better access and achieve compliance; and
- identify the public officials responsible for implementation of the plan.
The Port of Everett’s ADA Notice provides more information on the precedent for ADA compliance and the Port’s legal responsibilities.
Click here to view the FINAL ada transition plan
The Port of Everett contracted civil engineering firm Transportation Solutions, Inc., and partnering subconsultants to complete the first phase of the Port’s ADA Self-Evaluation and Transition Plan. This was completed in April 2021 and was adopted into the Port's Comprehensive Scheme of Harbor Improvements by Resolution #1175 in June 2021.
Phase II inventory of public building spaces will commence in Spring 2022.
Notice under the Americans with disabilities act (aDA)
In accordance with the requirements of title II of the Americans with Disabilities Act of 1990 ("ADA"), the Port of Everett will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities.
Employment: The Port of Everett 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 Port of Everett will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the Port of Everett’s 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 Port of Everett 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 the Port of Everett 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 Port of Everett should contact the office of Laura Gurley, ADA Coordinator (425-388-0720 or via email to ADACoordinator@portofeverett.com) as soon as possible but no later than 48 hours before the scheduled event.
The ADA does not require the Port of Everett 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 Port of Everett is not accessible to persons with disabilities should be directed to Laura Gurley, ADA Coordinator (425-388-0720 or via email to ADACoordinator@portofeverett.com).
The Port of Everett 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.
Port of Everett Grievance Procedure under The Americans with Disabilities Act
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 Port of Everett. The Port's Personnel Policy governs employment-related complaints of disability discrimination.
The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. 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 should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:
P.O. Box 538, Everett, WA 98206
Within 15 calendar days after receipt of the complaint, the ADA Coordinator or their designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the ADA Coordinator or their designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the Port of Everett and offer options for substantive resolution of the complaint.
If the response by the ADA Coordinator or their designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the Port’s Executive Director or their designee.
Within 15 calendar days after receipt of the appeal, the Executive Director or their designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the Executive Director or their designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.
All written complaints received by the ADA Coordinator or their designee, appeals to the Executive Director or their designee, and responses from these two offices will be retained by the Port of Everett for at least three years.
ADA Grievance / Complaint Procedure and Instructions
The Port is required to apprise the public of the protections against discrimination afforded to them by Title II of the ADA, including information about how Title II requirements apply to its particular programs, services, and activities [28 C.F.R. § 35.106].
Step 1: File ADA Complaint / Grievance Form
The complainant should fill out the ADA Complaint / Grievance Form shown below, giving all of the information requested. The ADA Complaint / Grievance Form should be filed in writing with the ADA Coordinator within 60 days of the alleged disability-related discrimination. Upon request, reasonable accommodations will be provided in completing the form, or alternative formats of the form will be provided. The ADA Complaint / Grievance Procedure and Form may be obtained from and sent to the Port.
Step 2: An Investigation is Conducted
A notice of receipt shall be mailed to the complainant via first-class mail postage prepaid within five days of the receipt of the complaint or grievance, and the ADA Coordinator or another authorized representative shall begin an investigation into the merits of the complaint within 60 days. If necessary, the ADA Coordinator or another authorized representative may contact the complainant directly to obtain additional facts or documentation relevant to the grievance. If the complainant alleges misconduct on the part of the ADA Coordinator, another authorized representative may be appointed by the Executive Director to undertake the investigation if the allegations can be substantiated. If the complainant does not wish to be contacted personally, he/she should indicate it on the ADA Complaint / Grievance Form.
Step 3: A Written Decision is Prepared and Forwarded to the Complainant
The ADA Coordinator shall prepare a written decision, after full consideration of the grievance merits, no later than 75 days following the receipt of the grievance. If the complaint alleges misconduct on the part of the ADA Coordinator, another authorized representative may be appointed by the Executive Director to prepare the written decision if the allegations can be substantiated. A copy of the written decision shall be mailed to the complainant via first-class mail postage prepaid no later than five days after preparation of the written decision.
Step 4: A Complainant May Appeal the Decision
If the complainant is dissatisfied with the written decision, the complainant may file a written appeal with the Executive Director no later than 30 days from the date that the decision was mailed. See ADA Complaint/Grievance Appeal Form below. The appeal must contain a statement of the reasons why the complainant is dissatisfied with the written decision, and must be signed by the complainant, or by someone authorized to sign on the complainant's behalf. A notice of receipt shall be mailed to the complainant via first-class mail postage prepaid within five days of the receipt of the appeal. The appeal reviewers, consisting of the ADA Coordinator and the Executive Director, shall act upon the appeal no later than 60 days after receipt, and a copy of the appeal reviewers' written decision shall be mailed to the complainant via first-class mail postage prepaid no later than five days after preparation of the decision. The decision of the appeal reviewer shall be final.
The ADA Coordinator shall maintain the confidentiality of all files and records relating to grievances filed unless disclosure is authorized or required by law. Any retaliation, coercion, intimidation, threat, interference, or harassment for the filing of a grievance, or used to restrain a complainant from filing, is prohibited and should be reported immediately to the ADA Coordinator.
click here for the ada complaint/grievance form
Currently, the Port is preparing to commence Phase II of the inventory to add to the Transition Plan Elements to be inventoried include building facilities.
The Port will provide progress updates to demonstrate where barriers to accessibility have been removed from the public right of way in accordance with the ADA Self-Evaluation and Transition Plan.
Information updated December 29, 2021