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The city hereby adopts an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the U. S. Department of Justice regulations implementing Title II of the Americans with Disabilities Act. Title II states, in part, that "no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination" in programs or activities sponsored by a public entity.
(Ord. No. 24.93, 12-16-93)
Complaints should be addressed to the city administrator and shall be governed by the following regulations:
(A) A complaint should be filed in writing or verbally, and should contain the name and address of the person filing it. The complaint should address the alleged violation of the regulations.
(B) A complaint should be filed within thirty (30) days after the complainant becomes aware of the alleged violation.
(C) An investigation, as may be appropriate, shall follow a filing of complaint. The investigation shall be conducted by the city administrator. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.
(D) A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the city administrator and a copy forwarded to the complainant no later than thirty (30) days after its filing.
(E) The ADA coordinator shall maintain the files and records of the city relating to the complaints filed.
(F) The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made within thirty (30) days to the city administrator.
(G) The right to a prompt and equitable resolution filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of an ADA complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.
(H) These rules shall be construed to protect the substantive rights of interested persons to meet appropriate due process standards and to assure the city complies with the ADA and implementing regulations.
(Ord. No. 24.93, 12-16-93)
ARTICLE II. OPEN RECORDS
(A) The office of city clerk is the official custodian of the records of the city, other than the records of the police department and human resources. The office of the police chief is the official custodian of the records of the police department of the city, and the city human resources officer is the official custodian of personnel records for city officers and employees. The city hereby adheres to the provisions of the Kentucky Open Records Act as provided in KRS 61.870 to 61.991.
(B) For open record purposes, the regular office hours and work days of the city are from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding city-recognized holidays.
(Ord. No. 18-20, 11-10-20)
(A) The principal office of the city is located at 212 Chestnut Street, Berea, Kentucky 40403. Any request for public records inspection may be made in person at the office of the appropriate custodian at this address.
(B) The titles and addresses of the official custodians of the records are City Clerk, 212 Chestnut Street, Berea, Kentucky 40403; Berea Police Chief, 212 Chestnut Street, Berea, Kentucky 40403, and Berea Human Resources Officer, 212 Chestnut Street, Berea, Kentucky 40403.
(C) Any person shall have the right to inspect non-exempt public records during the regular office hours.
(D) Facilities available to each person for inspection of public records will consist at a minimum of a chair and top space of a desk or table in the city hall.
(E) If the application places an unreasonable burden in producing public records or if the custodian has reason to believe that repeated requests are intended to disrupt other essential functions of the public agency, the official custodian may refuse to permit inspection of the public records. However, refusal under this section must be sustained by clear and convincing evidence.
(F) Upon inspection, the applicant shall have the right to make abstracts of the public records and memoranda thereof, and to obtain copies of all written public records not exempted by the provisions of KRS 61.878. When copies are requested, the custodian may require a written request and advance payment of the prescribed fee. If the applicant desires copies of public records other than written records, the custodian of the records shall permit the applicant to duplicate the records; however, the custodian may ensure that duplication will not damage or alter the records.
(G) The fee for the agency to make copies of non-exempt public records shall be $0.10 per page which is the actual cost thereof, not including the cost of staff required.
(H) No official of the agency shall willfully conceal or destroy any record with the intent to violate the provisions of the Kentucky Open Records Act and these rules and regulations.
(I) The minutes of action taken at every meeting of the agency, setting forth an accurate record of votes and actions at the meetings, shall be promptly recorded; and these records shall be open to public inspection at reasonable times, no later than immediately following the next meeting of the body.
(J) The provisions of KRS 61.872 shall govern the limitations on the right to inspect public records, and the provisions of KRS 61.878 shall exempt certain public records from inspection except on order of a court of competent jurisdiction.
(K) The provisions of KRS 61.880 shall govern the denial of inspection of public records, and specifically as follows:
(1) Upon receipt of a written or in-person request for records made under KRS 61.870 to 61.884, the official custodian shall determine within five (5) days, excepting Saturdays, Sundays, and city-recognized holidays, whether to comply with the request and shall notify in writing the person making the request, within the five (5) day period, of his or her decision. If the official custodian denies the request, in whole or in part, inspection of any record shall include a statement of the specific exception authorizing the withholding of the record and a brief explanation of how the exception applies to the record withheld. The response shall be issued by the official custodian or the city’s legal counsel, and it shall constitute final agency action.
(2) If a complaining party wishes the attorney general to review the city’s denial of a request to inspect a public record, the complaining party shall forward to the attorney general a copy of the written request and a copy of the written response denying inspection. The attorney general shall review the request and denial and process the review pursuant to KRS 61.880.
(Ord. No. 18-20, 11-10-20; Am. Ord. No. 23-2021, § 1, 9-7-21)