1. Purpose
This Digital Content Accessibility Policy (“Policy” or “Accessibility Policy”) is based on the requirements of Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended (“Section 508”), which requires the County of Westchester (“County”) to develop, procure, maintain or use Information and Communication Technology (ICT) in a manner that ensures that all electronic information and data available to the general public is accessible to individuals with disabilities, including members of the general public and County employees, as required by the Americans with Disabilities Act of 1990 (“ADA”).
The County is committed to making all its electronic information and data available on its websites and other ICT/digital assets, including, but not limited to, web-based applications, intranet sites and tools, systems and other electronic documents and equipment, which are integral to the efficient County’s governmental operations and the timely delivery of services and information to the public, accessible to all individuals with disabilities, including County employees.
This Policy is primarily intended to promote user independence and improve the user experience of all individuals with disabilities, including County employees, who use or require access to the County’s ICT/digital assets.
2. Authority
Section 163 of the Charter and Administrative Code of Westchester County grants the County’s Department of Information Technology (DoIT) authority to establish countywide information and communication technology policies and standards. The County’s Chief Information Officer has the authority to oversee, direct and coordinate the establishment of ICT policies, protocols and standards for the County’s government, including hardware, software, security and business re-engineering processes.
The Chief Information Officer reserves the right to modify, revise, supplement, rescind or archive this Policy.
3. Scope and Applicability
Section 508 requires federal agencies to develop, procure, maintain or use ICT to ensure that individuals with disabilities have access to ICT information and data in a manner that is comparable to the access and use afforded to individuals without disabilities (i.e., “ICT accessibility”), unless an undue burden would be imposed on the agency. Section 508 requirements and standards apply to all state agencies including their employees and other third parties, e.g. local government, consultants, vendors and contractors. In addition, pursuant to Section 170-f of the New York State Executive Law, each contractor, subcontractor, vendor, consultant or other person providing services pursuant to a state contract is required to conform any website provided by such person to and for the purpose of the provision of such services to the most current version of the Web Content Accessibility Guidelines adopted by the World Wide Web Consortium for accessibility or any successor standards.
This Policy establishes the County’s minimum accessibility requirements to ensure that the County’s ICT is developed, procured, maintained or used by the County in a manner that is accessible to individuals with disabilities, including County employees. ICT is defined as information technology and other equipment, systems, technologies, or processes for which the principal function is the creation, manipulation, storage, display, receipt or transmission of electronic data and information, as well as any associated content. Examples of ICT/digital content covered by this Policy include, but are not limited to:
- Electronic documents (e.g., PDF files)
- Websites and pages
- Applications
- Software
- Videos
- Multifunction office machines, such as copiers and fax machines
- Multimedia
- Email communications
- Surveys or questionnaires
- Templates or forms
- Educational or training materials
This Policy mandates that all County ICT electronic data and information made available to members of the general public (“public facing content”) shall be also accessible to individuals with disabilities, including County employees. In addition, electronic content that is not public facing content but is official County business, communicated through one of the following nine categories, must also be made accessible: 1) an emergency notification; 2) an initial or final decision adjudicating an administrative claim or proceeding; 3) an internal or external program or policy announcement; 4) a notice of benefits, program eligibility, employment opportunity, or personnel action; 5) a formal acknowledgment of receipt; 6) a survey or questionnaire; 7) a template or form; 8) educational or training materials; and 9) intranet content designed as a Web page. The various County Departments must ensure that all public facing and non-public facing official County business must be made accessible to individuals with disabilities.
This Policy applies to all County employees and any other third parties, such as consultants, vendors, contractors, interns and temporary workers that develop, procure, maintain or use the County’s ICT such as websites, web-based applications, electronic documents and content and systems managed or hosted by third parties on behalf of the County, to ensure compliance with Section 508 requirements. Any known or suspected violations of this Policy shall be immediately reported to the appropriate supervisor or DoIT.
The Chief Information Officer must approve any exceptions to this Policy.
Persons who violate this Policy will be subject to appropriate disciplinary and/or legal action.
4. Exemptions from Applicability
This Policy, which requires the County’s ICT to be developed, procured, maintained or used by the County in a manner that is accessible to individuals with disabilities, including County employees, does not apply to the following exemptions:
4.1. County’s existing ICT
Any component or portion of existing County’s ICT, meaning ICT that has been procured, maintained, or used on or before January 18, 2018, that complies with an earlier standard issued pursuant to Section 508, as amended, and that has not been altered on or after January 18, 2018, is not required to be modified to conform to the Section 508 standards.
4.2. Undue Burden or Fundamental Alteration
Compliance with Section 508 requirements and standards is not required in the event such compliance would impose an undue burden on the County or would result in a fundamental alteration in the nature of the County’s ICT. The County’s Chief Information Officer shall have the authority and responsibility to determine what constitutes an undue burden or fundamental alteration. In determining whether conformance to requirements in Section 508 standards would impose an undue burden, the County’s Chief Information Officer shall consider the extent to which conformance would impose significant difficulty or expense considering the County’s resources available to the program or component for which the ICT is to be procured, developed, maintained, or used.
The County’s Chief Information Officer shall document in writing the basis for determining that conformance to requirements in the Section 508 standards constitutes an undue burden to the County or would result in a fundamental alteration in the nature of the County’s ICT, including technical and business analyses, and other project documentation, technologies or systems which are the subject of this policy or any applicable standards. The documentation shall include an explanation of why and to what extent compliance with applicable requirements would create an undue burden or result in a fundamental alteration in the nature of the County’s ICT.
Where conformance to one or more requirements in Section 508 standards imposes an undue burden or a fundamental alteration in the nature of the County’s ICT, the respective Department shall provide individuals with disabilities access to and use of information and data by an alternative means that meets identified needs.
5. Accessibility Standards
As indicated above, the County is required to comply with Section 508 ICT accessibility standards. The federal law has adopted the World Wide Web Consortium’s Web Content Accessibility Guidelines version 2.2, Level AA Conformance (WCAG 2.2 Level AA), or any successor standards, as the required accessibility standards (“the Accessibility Standards”) in which federal, state and local entities, including the County, must be in compliance.
All County websites, software applications, systems and electronic documents, equipment and content are expected to conform to the Accessibility Standards with respect to their design, content and platforms/infrastructure, in order for the County’s ICT electronic data and information to be accessible to individuals with disabilities.
More information on Section 508, the Accessibility Standards, general exceptions, accessible products and services and training programs can be found at Section508.gov and/or https://www.access-board.gov/ict/
6. Governance, Roles and Responsibilities
DoIT is responsible for establishing mechanisms to ensure that the County’s websites and digital content comply with the Accessibility Standards. Further, DoIT is responsible to ensure that all Westchester County Departments are made aware of this Policy and the requirements for compliance with the Accessibility Standards. The County’s website should indicate a commitment to accessibility by including a link to this or other iteration of this Policy. The linked page should specify whom to contact with questions about the County’s website’s accessibility and the accessibility of any other ICT under the control of the County.
Each County department is responsible for the creation of accessible documents and content, such as PDF files, destined to be published on a County website. Upon a specific request by an individual who is unable to access a specific document or content on the County’s website, either the requested document or content must be updated by the responsible Westchester County Department to conform to the Accessibility Standards, or otherwise be made available in an alternative format to such individual in a timely manner. The Westchester County Department responsible for the creation and maintenance of the document or content on the County’s website is responsible for making it accessible or providing the alternative method for access.
In addition, all staff with web editing and content creation responsibilities are required to make any new County electronic document or content that is posted on County website pages conform to the Accessibility Standards. Any existing web content that does not meet the Accessibility Standards may be removed and can only be replaced with a document or content that is deemed compliant.
In addition, it is recommended that Westchester County Departments incorporate accessibility requirements into the procurement process and County contracts when engaging with a vendor to develop or maintain ICT electronic information and data. This may include incorporating specific language into the procurement document or a County contract or Purchase Order requiring the vendor to follow the Accessibility Standards and this Policy. Requirements can even specify the tools used to check document accessibility compliance and vendors may be required to certify that Accessibility Standards have been met. Please refer to the newly created ADA contract language.
DoIT may test and may require that some or all non-conforming portions of the County’s website be brought into conformance at the expense of the Westchester County Department that is responsible for accessibility compliance. If DoIT is unable to determine who is responsible for the content of a non-conforming County website, then the DoIT Web Team is authorized to remove the non-conforming website content until it can be brought into conformance.
All Westchester County Departments have been provided training on how to make documents and content accessible/ADA compliant for the web. It is therefore the responsibility of each Westchester County Department to adhere to the Accessibility Standards and this Policy, and to avail themselves of the tools and resources provided by DoIT to support digital accessibility efforts. See this page on the County intranet to review recordings of previous training sessions and to access various resources related to digital accessibility.
DoIT Graphics and Web Editing Teams will provide the tools and resources necessary to support the Westchester County Departments’ digital accessibility efforts.
The DoIT Graphics and Web Editing Teams will not:
- convert department Word docs and/or manuals into ADA compliant PDF files;
- create ADA compliant PDF files of brochures, fliers and other marketing materials not created by the Graphics team;
- train department staff in the area of web accessible PDF file creation.
- post any files that have not been made accessible as per the requirements set forth in the aforementioned training.
The DoIT’s Graphics team will assist in the creation of ADA compliant PDFs from new print, social media and e-mail blasts files that the County's Graphics team artists have created.
The Executive IT Leadership team shall convene with DoIT’s Strategic Technology Architecture Roundtable (STAR) to review current application development standards to ensure that all new application development meets or exceeds the Accessibility Standards.
Thank you for visiting Westchester County’s Web site. We recognize that those who use our Web site must be confident that their privacy is protected when they visit westchestergov.com. This policy describes our privacy practices regarding information collected from users of this Web site and our applications. It describes what information is collected and how that information is used. Because this privacy policy only applies to this Web site and our applications, you should examine the privacy policy of any Web site, including other governmental Web sites, that you may access via links from this Web site.
For purposes of this policy, "personal information" means any information concerning an individual which, because of name, number, symbol, mark, or other identifier, can be used to identify that person. Westchester County does not collect any personal information about you unless you provide that information voluntarily by sending an e-mail or by initiating an online transaction, including, but not limited to, registering for a Civil Service exam or e-filing documents.
Information collected automatically when you visit this Web site
When visiting this Web site, Westchester County automatically collects and stores the following information about your visit:
i. The Internet Protocol Address and domain name used, but not the e-mail address. The Internet Protocol Address is a numerical identifier assigned either to your Internet service provider or directly to your computer;
ii. The type of browser and operating system you used;
iii. The date and time you visited this site;
iv. The web pages or services you accessed at this site;
v. The web site you visited prior to coming to this web site;
vi. The web site you visit as you leave this web site; and
vii. If you downloaded a form, the form that was downloaded.
None of the foregoing information is deemed to constitute personal information. The information that is collected automatically is used to improve this Web site's content and to help us understand how users are interacting with the Web site. This information is collected for statistical analysis, to determine what information is of most and least interest to our users, and to improve the utility of the material available on the Web site. The information is not collected for commercial marketing purposes and Westchester County is not authorized to sell or otherwise disclose the information collected from the Web site for commercial marketing purposes.
Cookies
Cookies are simple text files stored on your web browser to provide a means of distinguishing among users of this Web site. The use of cookies is a standard practice among Internet Web sites. To better serve you, we use "session cookies" to enhance or customize your visit to this Web site. Session cookies can be created automatically on the device you use to access this Web site. These session cookies do not contain personal information and do not compromise your privacy or security. We may use the cookie feature to store a randomly generated identifying tag on the device you use to access this Web site. A session cookie is erased during operation of your browser or when your browser is closed. The software and hardware you use to access the Web site allows you to refuse new cookies or delete existing cookies. Refusing or deleting these cookies may limit your ability to take advantage of some features of this Web site.
Information collected when you e-mail this Web site or initiate an online transaction
During your visit to this Web site you may send an e-mail to one or more Westchester County department. Your e-mail address and the contents of your message including text characters, audio, video, and graphic information formats will be collected. Your e-mail address and the information included in your message will be used to respond to you, to address issues you identify, to improve this Web site, or to forward your message to another governmental entity for appropriate action. Your e-mail address is not collected for commercial purposes.
Westchester County does not knowingly collect personal information from children or create profiles of children through this Web site. Users are cautioned, however, that the collection of personal information submitted in an e-mail will be treated as though it was submitted by an adult, and may, unless exempted from access by federal or State law, be subject to public access. Westchester County strongly encourages parents and teachers to be involved in children’s Internet activities and to provide guidance whenever children are asked to provide personal information online.
During your visit to this Web site you may initiate a transaction such as submission of an application for a Civil Service exam or the filing of a court record. The information, including personal information, volunteered by you in initiating the transaction is used to operate various Westchester County departmental programs, which include the provision of goods, services, and information. The information collected by our departments may be disclosed for those purposes that may be reasonably ascertained from the nature and terms of the transaction in connection with which the information was submitted.
E-mail lists
During your visit to this Web site, you may wish to join one or more e-mail lists to receive important news or public alerts on a variety of subjects. We do not sell, rent, loan, trade, or lease the addresses on our lists to anyone. In addition, our list servers are configured so they do not divulge the e-mail addresses of our list subscribers. Members of any list may un-subscribe automatically by following the instructions provided within emails sent to a list.
Information and choice
As noted above, Westchester County does not collect any personal information about you during your visit to this Web site unless you provide that information voluntarily by sending an e-mail or initiating an online transaction. You may choose not to send us an e-mail or submit data via an online transaction. While your choice not to contact us or submit documents to Westchester County may limit your ability to receive specific services through this Web site, it will not prevent you from requesting services from Westchester County by other means and should not have an impact on your ability to take advantage of other features of the Web site, including browsing or downloading certain publicly available information except in instances when using an online application is required by law.
Disclosure of information collected through this Web site
Westchester County will only collect personal information through this Web site or disclose personal information collected through this Web site if the user has consented to the collection or disclosure of such personal information, except as otherwise provided below. The voluntary disclosure of personal information to Westchester County by the user, whether solicited or unsolicited, constitutes consent to the collection and disclosure of the information by Westchester County for the purposes for which the user disclosed the information to Westchester County, as was reasonably ascertainable from the nature and terms of the disclosure.
However, Westchester County may collect or disclose personal information without user consent if the collection or disclosure is: (1) necessary to perform the statutory duties of Westchester County, or necessary for Westchester County to operate a program authorized by law, or authorized by county, state or federal statute or regulation; (2) made pursuant to a court order or by law; (3) for the purpose of validating the identity of the user; or (4) of information to be used solely for statistical purposes that is in a form that cannot be used to identify any particular person.
Westchester County may disclose personal information to law enforcement authorities to enforce Westchester County’s rights against unauthorized access or attempted unauthorized access to Westchester County’s information technology assets.
Retention of information collected through this Web site
The information collected through this Web site is retained by Westchester County in accordance with the records retention and disposition requirements of New York State Law. Information, including personal information, that you submit in an e-mail or when you initiate an online transaction such as submission of an application for a civil service exam or the filing of a court record is retained in accordance with the records retention and disposition schedule established for the records of the program unit to which you submitted the information.
Confidentiality and integrity of personal information collected through this Web site
Westchester County is strongly committed to protecting personal information collected through this Web site against unauthorized access, use, or disclosure. Consequently, Westchester County limits county employee access to personal information collected through this Web site to only those employees who need access to the information in the performance of their official duties. Employees who have access to this information are required to follow appropriate procedures in connection with any disclosures of personal information.
In addition, Westchester County has implemented procedures to safeguard the integrity of its information technology assets, including, but not limited to, authentication, monitoring, auditing, and encryption. These security procedures have been integrated into the design, implementation, and day-to-day operations of this Web site as part of our continuing commitment to the security of electronic content as well as the electronic transmission of information.
For Web site security purposes and to maintain the availability of the Web site for all users, Westchester County employs software to monitor traffic to identify unauthorized attempts to upload or change information or otherwise damage this Web site.
Disclaimer
Information provided on this Web site is intended to allow the public an alternative form of access to public information. While all attempts are made to provide accurate, current, and reliable information, Westchester County recognizes the possibility of human and/or mechanical error. Therefore, Westchester County makes no representations as to the accuracy, completeness, timeliness or suitability of the information provided by this web site, and denies any expressed and implied warranty as to the same.
Links to other sites
This Web site contains links to other sites. Westchester County is not responsible for the privacy practices of such Web sites. A link does not constitute an endorsement of the content, viewpoint or accuracy of such Web sites.
The following links are provided for your reference. These links may be used to find information about federal, state and local legislation, information regarding federal and state courts, as well as opinions by the New York State Attorney General and Comptroller and the New York State Committee on Open Government.
In addition, the Laws of Westchester County are available online.
Q: Where can I get an attorney to represent me?
A: The Westchester County Attorney’s Office cannot be hired to represent individuals generally, but is only authorized by law to represent the County of Westchester and, under some circumstances, the county’s officers and employees. Below are a few such organizations and entities that can help a person find an attorney to represent them.
For civil matters:
Legal Services of the Hudson Valley
90 Maple Avenue
White Plains, N.Y. 10601
Tel: (914) 949-1305
For criminal matters:
Legal Aid Society of Westchester County
1 North Broadway, 9th Floor,
White Plains, N.Y. 10601
Tel: (914) 286-3400
Fax:(914) 682-4112
John Ryan, Esq.
Chief Counsel and Executive Director
E-mail:
Karen Needleman
Deputy Chief
E-mail:
Clare J. Degnan
Deputy Chief, Local Courts
E-mail:
Carrie Leggatt
Administrative Assistant
Tel:(914) 286-3471
E-mail:
Q: What must I do with respect to a will or property of a recently deceased resident?
A: The Surrogate’s Court exists in every county in the state and handles all matters relating to wills, estates and property of deceased persons. The Surrogate’s Court also shares authority with the Family Court to hear adoption proceedings.
Surrogate’s Court
111 Dr. Martin Luther King Jr. Blvd, 19th Floor
White Plains, NY 10601
Tel: (914) 824-5656
Fax: (914) 995-3728
Q: Who do I complain to regarding a business or products?
A: The Westchester County Department of Weights and Measures - Consumer Protection fights hard to ensure a fair and equitable marketplace for consumers. Complaints may be filed with:
Department of Weights and Measures - Consumer Protection
112 East Post Road, 4th Floor
White Plains, New York 10601
Tel: (914) 995-2155
Fax: (914) 995-3115
A complaint may also be filed online at the Department of Consumer Protection.
Q: Do you have any information regarding services available for elderly residents?
A: The Westchester County Department of Senior Programs and Services helps identify and prioritize the needs of the elderly in Westchester. It also conducts activities and develops programs and services to enhance the quality of life for the elderly.
Westchester County Department of Senior Programs and Services
9 South First Avenue
Mount Vernon, N.Y. 10550-3414
| Reception Desk: | (914) 813-6400 |
| General Help and Customer Service: | (914) 813-6300 |
| Medicare Information Line: | (914) 813-6100 |
| Fax: | (914) 813-6399 |
| E-mail: |
Q: Do you have any information regarding services available for disabled residents?
A: The Westchester County Office of the Disabled can answer your questions, provide assistance and/or direct you to resources. The office maintains an on-line comprehensive Disability Resource Guide to provide people with disabilities, their families and caregivers a convenient and accessible means of finding services throughout Westchester County.
Westchester County Office for the Disabled
148 Martine Avenue, Room 102
White Plains, NY 10601
| Tel: | (914) 995-2957 |
| TTY: | (914) 995-7397 |
| Fax: | (914) 995-2799 |
| Para Transit Information: | (914) 995-2956 |
| Para Transit Reservations: | (914) 995-7272 |
Q: What do I do if I believe I have been the victim of discrimination?
A: If you think your rights have been violated because of discrimination, you may file a complaint with one or more of the following:
Equal Employment Opportunity Commission (“EEOC”)
New York Regional Office
33 Whitehall Street
New York, N.Y. 10004
| Tel: | (800) 669-4000 |
| Fax: | (212) 336-3790 |
| TTY: | (800) 669-6820 |
New York State Division of Human Rights
Bronx (Headquarters)
One Fordham Plaza, 4th Floor
Bronx, N.Y. 10458
Tel: (718) 741-8400
E-mail:
Westchester County Human Rights Commission
112 East Post Road, 3rd Floor
White Plains, NY 10601
| Tel: | (914) 995-7710 |
| Fax: | (914) 995-7720 |
| TTY: | (914) 995-7754 |
| E-mail: |
Q: How can I get a copy of a particular county document?
A: The Freedom of Information Law (“FOIL”) provides the public with the right to access certain government records. You can make a FOIL request for documents online or by regular mail if you direct your request to the appropriate county department.
Q: How do I sue the county? How do I serve papers upon the county? How and where do I file a notice of claim against the county?
A: The Westchester County Attorney’s Office is authorized by law to represent the interests of the County of Westchester and, under some circumstances, the county’s officers and employees. Therefore, it would be inappropriate for the Westchester County Attorney’s Office to provide information which would facilitate an individual to sue the county. No person would want or expect his or her own attorney to inform an adversary regarding such matters. Nevertheless, if you wish to know the answer to these questions, you should contact an attorney as necessary to ensure that your own rights are preserved.
In addition, if you wish to represent yourself, you can contact:
United States District Court
Southern District of New York
Daniel Patrick Moynihan
United States Courthouse
500 Pearl Street
New York, NY 10007-1312
Tel: (212) 805-0136
United States District Court
Southern District of New York
300 Quarropas Street
White Plains, NY 10601-4150
Tel: (914) 390-4100
Fax: (914) 390-4180
Westchester Pro Se
Office for the Self-Represented
Supreme Court Law Library
111 Dr. Martin Luther King, Jr. Blvd., 9th Floor
White Plains N.Y. 10601
Tel: (914) 824-5209
Q: How can I get a copy of the Laws of Westchester County?
A: The Laws of Westchester County are now available online.
Q: How can I contact the Westchester County Attorney’s Office?
Westchester County Attorney’s Office
148 Martine Avenue, 6th Floor
White Plains, N.Y. 10601
Tel: (914) 995-2660
The Litigation Bureau represents the county and its officers and employees in all civil actions and special administrative proceedings, except for proceedings handled by the Family Court Bureau.
General Litigation
The Litigation Bureau also defends the county in civil actions in State and Federal courts, in actions involving breach of contract, challenges to local laws, federal and state reimbursement claims, environmental review, and employment claims by county employees.
Tort and Public Official Liability
The Litigation Bureau defends the county in all tort actions for personal injury or property damages that arise out of any acts or omissions of county officers or employees acting within the scope of their employment. Since 1986 the county has been self-insured pursuant to General Municipal Law §6. The Litigation Bureau defends approximately 500 actions of this nature, which in the past were handled by outside attorneys at greater expense to the taxpayers. Many of these cases arise from alleged dangerous conditions on county property, such as roads, parks, buildings and sewers and automobile accidents involving county vehicles. In addition, prison inmates often file claims for alleged negligence of correction officials.
Civil Rights Claims
The Litigation Bureau defends the county in civil rights actions against the county and public officials, the bulk of which are brought in federal court. These actions challenge the policies or practices of the county and its officials. This is complex litigation, in which the county has significant exposure, involving constitutional questions, such as discrimination, sexual harassment, the first amendment, and due process of law. The Litigation Bureau also defends these claims in the New York State Division of Human Rights and the Federal Equal Employment Opportunity Commission.
Frederick Sullivan
Assistant Chief Deputy County Attorney
Westchester county Attorney's Office
148 Martine Avenue
White Plains, N.Y. 10601
(914) 995-2660