(a) In order to provide for the prompt and equitable resolution of complaints alleging any actions prohibited by the laws regarding the Americans With Disabilities Act (ADA), the following grievance procedure is hereby adopted and enacted:
(1) Complaints shall be filed with the ADA Coordinator, who has heretofore been designated as the City Auditor. All such complaints shall be filed, in writing, within ten days from and after the date that the complainant becomes aware of an alleged violation and shall contain the name, address and telephone number of the person filing the complaint, together with a brief description of the alleged violation regarding access or alleged discrimination.
(2) A record of the complaint and action taken shall be maintained.
(3) An investigation shall follow, conducted by the ADA Coordinator, who shall render a decision thereupon within fifteen working days. If the complaint cannot be resolved to the satisfaction of the complainant by the ADA Coordinator, said complaint shall be forwarded to the ADA Advisory Council, as provided in Section 218.01.
(4) The ADA Advisory Council shall be charged with the establishment of ground rules or procedures for hearing complaints, requests or suggestions from disabled persons regarding access to an participation in public facilities, services, activities and functions in the community. Further, the Council shall be directed to hear such complaints in public, after adequate public notice is given, in an unbiased, objective manner. The Council shall issue a written decision within thirty days of the filing of the complaint. All proceedings of the Council shall be recorded, transcribed and maintained by the ADA Coordinator.
(5) If the complaint cannot be resolved to the complainant's satisfaction by the ADA Advisory Council, the complainant may file a request for reconsideration. Said request for reconsideration shall be made within ten days of the complainant's receipt of the ADA Advisory Council's determination. Further, said request for reconsideration shall be filed with the ADA Coordinator. Thereupon, said complaint shall be heard by the City Council in an open, public meeting of said City Council, preceding the vote. A determination shall be made within thirty days of the date of such open hearing. The decision of the City Council shall be deemed to be final.
(6) A record of action taken on each request or complaint shall be maintained by the ADA Coordinator as a part of the records or minutes at each level of the grievance process.
(7) The right of a person for a prompt and equitable resolution of the complaint must not be impaired by his or her pursuit of other remedies, such as the filing of a complaint with the United State Department of Justice or other appropriate Federal or State agency. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies.
(b) The grievance procedure provided in this section is established to protect the rights of complainants, to meet appropriate due process standards and to assure compliance with the applicable laws governing the Americans With Disabilities Act.
(Res. 92-179. Passed 11-17-92.)