Buffalo Common Councilmember Mitch Nowakowski and incoming Mayor Sean Ryan’s administration say the full-time ADA Advocate position will remain after Ryan’s inauguration.
Nowakowski told BTPM NPR he is filing documents which will protect the position from being among any cuts. The full–time ADA Advocate position was posted and filled after a BTPM NPR investigation in 2022 revealed the city did not have anyone appointed to be the legally-required coordinator for nearly a year.
"Advocating for people living with disabilities inside City Hall is nonnegotiable for me," said Nowakowski. "I am relieved and excited that Mayor-elect Sean Ryan’s administration agrees. I do believe that with this new administration that this position will be given expanded duties, autonomy and the ability to make our city more inclusive to those living with different abilities and adhere to the Americans with Disabilities Act.”
Nowakowski notably advocated for the city’s creation of the position, which is now filled by Brittney Montgomery, who is Deaf. Under the Brown and Scanlon administrations, she was also considered the Inclusion and Diversity Coordinator. Nowakowski said he is working with the Ryan administration and Human Resources to ensure Montgomery will only be the ADA Advocate going forward.
The primary duties of the job, per the original posting, include fulfilling the legal requirements of the city under the Americans with Disabilities Act. This includes handling accommodations and complaints. The coordinator also is meant to regularly review city programs and policies, to ensure compliance with federal law.
As the Diversity and Inclusion Coordinator, Montgomery's responsibilities have also included handling accessibility for not only the disability community but for the “newcomer population” as well. Additionally, according to the original job posting, this role helps plan diversity and inclusion events and programs.
Under the Americans with Disabilities Act, municipalities with over 50 employees must have an appointed "ADA coordinator" who addresses disability accommodations for the public, complaints from the public, as well as an appeal process for complaints, and reviews of municipal programs for accessibility. However, ADA concerns from employees are typically handled by a Human Resources department, not the coordinator.
Under the law, the ADA coordinator does not have to be hired, as any employee can be appointed to the role. However, some larger cities do elect to pay a person to serve in that capacity full-time. Before Montgomery started serving in a full-time role following a near-year of non-compliance, Buffalo appointed existing employees to the role, in addition to their existing duties.
