(A) Purpose. The City of Mattoon has established this policy in accordance with Section 504 of the Rehabilitation Act of 1973 (29 USC 794) as amended.
(B) Policy.
(1) The City of Mattoon resolves that no otherwise qualified person shall, on the basis of a physical or mental disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity in which the City of Mattoon receives federal financial assistance.
(2) The City of Mattoon further resolves that no otherwise qualified person shall, on the basis of physical or mental disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity conducted by the City of Mattoon independent of the funding source.
(C) Definitions.
CITY SERVICES. The City of Mattoon provides a variety of public services including, but not limited to:
(a) Police protection;
(b) Fire protection;
(c) Parks;
(d) Recreational activities;
(e) Arts and tourism;
(f) Streets;
(g) Sidewalks;
(h) Public buildings and grounds; and
(i) Water and sewer service.
OTHERWISE QUALIFIED PERSON.
(a) With respect to employment, a person with a physical or mental disability who, with reasonable accommodation, can perform the essential functions of the job in question.
(b) With respect to services, a person with a physical or mental disability who meets the essential eligibility requirements for the receipt of such services.
REFERENCE MATERIALS. Copies of 29 USC 794 and 29 USC 705 (Definitions) are available on-line and at the City Clerk's Office at 208 North 19th Street, Mattoon, IL 61938.
SECTION 504 COORDINATOR. The Section 504 Coordinator for the City of Mattoon shall be the City Administrator, or a duly appointed designee. The contact information for the Section 504 Coordinator is:
City of Mattoon Section 504 Coordinator
Attn: City Administrators Office
208 North 19th Street
Mattoon, IL 61938
217-258-7931
(D) Notice of non-discrimination. A notice of non-discrimination is attached to Ordinance No. 2020-5433 as Exhibit 'X' and incorporated herein by reference. The notice of non-discrimination shall be posted in a conspicuous location in City Hall.
(E) Employment practices.
(1) Employment advertisements. Employment advertisements shall include the following closing "Equal Opportunity Employer: disability/veteran".
(2) Processing of applications. Applications shall not include questions about mental or physical disabilities. Mental and physical disabilities shall not be considered during the review of applications for interview selection. Mental and physical disabilities shall only be taken into consideration at the time of selection of the final candidate. At that time, a review shall be performed to determine if "reasonable accommodation" can be implemented if/when the most qualified candidate is a person with disabilities.
(3) Physical requirements and testing criteria. Employment advertisements and position descriptions may include physical performance requirements and testing criteria. Physical or testing requirements shall be reviewed by the Department Director and the City Administrator to verify that all requirements are necessary for the position.
(4) Interviews. All interviews shall be conducted in ADA accessible facilities. Interview questions shall be consistent from candidate to candidate, and shall not be discriminatory to persons with disabilities.
(5) Confidentially. Disclosure of disabilities and/or requests for reasonable accommodations shall remain confidential within the interview and hiring team.
(6) Promotions, transfers, demotions, lay-offs, and reinstatements. The process for promotions, transfers, demotions, lay-offs, and reinstatements shall follow a similar process as described for hiring. Selection of the most qualified individual shall be made without consideration of physical or mental disabilities, then the appropriateness of reasonable accommodations shall be considered if/when the most qualified candidate is a person with disabilities.
(7) Job assignments. Existing accommodations for persons with disabilities shall be taken into account when making job assignments. Job assignments shall not be made in a manner which would result in embarrassment for a person with disabilities.
(8) Leave time and benefits. Leave time and other benefits shall be uniform based on employee job classifications without disparity between persons with, and without, disabilities.
(9) Training. Training opportunities shall be uniform based on employee job classifications without disparity between persons with, and without, disabilities.
(F) Grievance procedure.
(1) Grievances shall be submitted to the City of Mattoon Section 504 Coordinator at 208 N 19th Street, Mattoon, IL 61938, within 30 days of the action to be investigated.
(2) Grievances shall be submitted in writing, and shall include the following:
(a) Grievant's name and address;
(b) Grievant's preferred means of contact email, mail, video, phone, or text; and
(c) Brief description of the grievance including the location, date, and item or action to be investigated.
(3) Grievances shall be investigated by the Section 504 Coordinator, or a duly appointed designee, and a response returned to the grievant within 30 days of receipt.
(4) Responses shall include a determination as to whether further action by the city is warranted, a timeline for such action if deemed necessary, or a description of why further is not justified.
(5) Person's with non-city related complaints, or unsatisfied grievants, may contact the following agencies:
(a) State of Illinois, Office of the Attorney General
500 S. Second Street
Springfield, IL 62701
217-524-2660
877-844-5461 (TTY);
(b) State of Illinois, Secretary of State
213 State Capital
Springfield, IL 62756
800-252-8980
888-261-7864 (TTY); or
(c) Chicago Regional Office/Fair Housing Enforcement Center
US Department of Housing and Urban Development
Robert Metcalf Federal Building
77 West Jackson Boulevard, Room
2101
Chicago, IL 60604-3507
312-353-6236
312-353-7143 (TTY).
(Ord. 2020-5433, passed 6-16-20)