TODAY'S BYLINE: McKee, of Albuquerque, is a Tribune columnist and an advocate for the handicapped.

By Barbara J. McKee

Bernalillo County does not have a coordinator for compliance and enforcement of the federal Americans With Disabilities Act.

The county Board of Commissioners decided over the winter, without fanfare, that this office could be eliminated, because ADA issues apparently no longer require a specialized office to look after them.

Essentially, the commissioners dispersed the needs of the disabled to various departments and offices, which is sort of like allowing the fox to guard the chicken coop.

I had no idea that ADA issues, involving compliance and awareness of the federal law in Bernalillo County, were so few that the duties of an ADA coordinator could now be handled by individual departments within the county government and without any direct supervision or accountability.

How did the Board of Commissioners draw this conclusion?

Which studies, if any, made them decide an ADA coordinator was just a waste of money? I want to know. So would many other disability advocates and groups in Bernalillo County.

How can a decision of this magnitude be made without any public input? I went over the agendas of the Commission meetings from November 2002 to June 24. I found no mention of dissolving the position of ADA coordinator for economic reasons. I found this troubling so I contacted the Board of Commissioners office to ask why this position was eliminated.

According to Juan Vigil, county manager, in December 2002 a meeting took place to discuss reorganization and consolidation of certain departments to improve operations for efficiency. During this reorganization, certain vacant and current positions were eliminated to reduce costs.

The agenda of the December meetings did not specifically state which positions were being considered. Apparently the position of ADA coordinator fell into this "reorganization," with the result now dispersing the previously centralized duties of the ADA coordinator among various departments of the county.

Vigil explained that, "The ADA issues have been included in the Building, Zoning and Planning, and Environmental Health Departments and the Building Code Inspection Programs. This assures that county involvement in the ADA has a broader role in ADA access for all citizens. The board is steadfast in its support and observance of human rights and the ADA."

But, I asked the board office, who's going to train the departments about ADA requirements? The answer: The department heads would be responsible for training their staff. I asked how the county would satisfy the federal statute requiring a coordinator to oversee the enforcement and training of these departments, and who would assist the other disability organizations with issues of compliance?

The answer: Call the county and find out who runs the department that should be enforcing the the particular ADA guidelines for whatever issue is in question and someone will assist you.

Sound confusing? You bet it is.

According to several disability organizations in New Mexico, federal law mandates that a coordinator oversee the various departments that deal with ADA issues, ensure that guidelines are followed and offer assistance to other disability organizations within the county with compliance issues.

The failure to have a single ADA coordinator in the state's most populous county is causing an uproar from the disabled community and disability organizations.

Mary Keener Beresford, executive director of the Alliance for Disability Education, says, "Since this position is a requirement under the federal statutes, we would like to know what (the) plans are for addressing disability access in Bernalillo County.

"We would like to know the county's reasoning for eliminating the office of ADA coordinator and what (the) plans are for disability access issues and concerns," she said, suggesting the commissioners and county officials are sending "a negative message to the disability community that Bernalillo County is no longer concerned about disability access."

Frank Miranda of the New Mexico Human Rights Coalition was equally distressed. In an e-mail he wrote, "It is appalling to think that Bernalillo County would even consider eliminating the County's ADA coordinator and program. ADA programs, as with other equal opportunity programs, are needed more than ever. The job of ensuring and providing equal opportunity and equal access for people with disabilities is far from over. Bernalillo County needs more in the area of human rights and equal opportunities, not less!"

Bernadine Chavez of the New Mexico Protection and Advocacy System explained why an ADA coordinator is a necessity, not a luxury.

"At Protection and Advocacy, we get complaints from Bernalillo County employees about lack of reasonable accommodations, access issues with county facilities, and there are numerous access complaints from disabled inmates at the county jail," she said. "Instead of doing away with the ADA coordinator position, they should add another position to deal with all the problems of ignoring the law."

Many New Mexico counties have hidden the position of the ADA coordinator in other offices, such as the Equal Employment Opportunity Commission and Human Rights.

This may seem appropriate to those who don't understand the importance of disability issues, but it is not to the disability community and its supporters. An ADA coordinator is responsible for keeping Bernalillo County honest. Bernalillo County apparently feels there aren't enough issues to warrant the position of ADA coordinator. Like these others, I must disagree.

Disability access is an ongoing concern due to the rising disability population in New Mexico, especially in Bernalillo County. Without an ADA coordinator, who is going to make sure access is kept in line with ADA mandates?

I doubt the various departments of the county have extensive knowledge of the ADA or have the manpower to enforce such compliance. Nor do they have a watchdog to make sure they do. In fact, by taking a cavalier approach - the fox guarding the hen house - the county has all but assured noncompliance.