121.021 ADA GRIEVANCE PROCEDURE; REQUESTS.

   (a)   The following ADA Grievance Procedure is established as to the investigation and mediation of complaints against the City as to its noncompliance or prohibited actions under the Americans with Disabilities Act of 1990 (ADA) for the prompt and equitable resolution of such complaints:

      (1)   Any person may file a complaint with the Coordinator of Senior Citizens/Disabled regarding access or discrimination in regard to the ADA. Such complaint shall be in writing and shall clearly state the name and address of the complainant and the particulars of the alleged violation. Individuals with a disability shall be given any special assistance requested in filing a complaint.

      (2)   The Coordinator of Senior Citizens/Disabled shall, after receiving such complaint, promptly inform the Mayor of the filing of the compliant in order that he may set a hearing upon the complaint within fifteen working days of its filing and give prompt written notice of such hearing to the complainant. The Coordinator of Senior Citizens/Disabled shall then make a prompt and full investigation and turn over his or her findings and recommendations to the Mayor within ten working days of the filing of the complaint.

      (3)   The Mayor shall conduct an administrative hearing upon such complaint within fifteen working days of its filing. At the hearing, the individual filing the complaint may appear with witnesses to state his or her position regarding the complaint and resolution of it and may be represented by legal counsel. Any required auxiliary aids requested for purposes of the hearing shall be supplied by the City. The Mayor shall render his written decision within five working days of the hearing. Should the complainant choose not to appear for the hearing, the Mayor shall render his decision based upon the complaint and the Coordinator’s investigation report and all other resources at his disposal. The Mayor shall determine and include in his decision which, if any, special accommodations or modifications were considered and his findings and determinations with reasons therefor as to whether the same would present an undue burden upon the City.

      (4)   If the complaint cannot be resolved to the complainant’s satisfaction by the Mayor, the complainant may make written request to the Clerk of Council within five working days of the Mayor’s decision that the complaint be heard and discussed at an open, public meeting. Individuals with a disability shall be given any special assistance requested in filing this appeal. A public hearing with at least fourteen days public notice in a newspaper of general circulation within the City and written notice to the complainant shall be conducted within thirty days of the next meeting of Council. Proceedings shall be recorded and maintained. Council shall render its decision in writing within thirty days of the hearing. The decision of Council shall be final.

      (5)   A record of action taken on all complaints and requests shall be maintained as part of the records or minutes at each level of the grievance process.

      (6)   A complainant’s right to a prompt and equitable resolution of his or her complaint or request shall not be impaired by his or her pursuit of other remedies and use of this grievance procedure shall not be considered a prerequisite to the pursuit of other remedies.

      (7)   Council reserves the right to appoint a special committee or board to hold the required public hearing upon an appeal of the Mayor’s decision upon any complaint under this section and to make written recommendations to Council before Council’s decision upon the complaint.

   (b)   Any requests or suggestions regarding access to and participation in public facilities, services and functions of the City by qualified individuals with a disability shall be made through the Division of Senior Citizens/Disabled for review and prompt presentation to the Mayor for consideration.

   (c)   The Division of Senior Citizens/Disabled shall keep a record of all requests and complaints filed and action taken thereon.
(Ord. 2004-203. Passed 12-21-04.)