(a) Establishment. There is hereby established an Americans With Disabilities Act (ADA) grievance procedure as follows, as required by the ADA of 1990 and regulations of the Department of Justice (Title 28 C.F.R. part 35) and the Equal Employment Opportunity Commission (Title 29 C.F.R. parts 1602, 1627 and 1630).
(b) Purpose. The purpose of the internal grievance procedure hereby adopted is to provide for the prompt and equitable resolution of complaints alleging any action prohibited by the regulations promulgated by the Department of Justice, the Equal Employment Opportunity Commission and any other Federal agency implementing Title II of the ADA of 1990, as amended (42 U.S.C. § 12101). Subtitle A of the same protects qualified individuals with disabilities from discrimination on the basis of disability in the services, programs or activities of the City.
(c) Filing of complaints; investigations; appeals; other remedies.
(1) Complaints shall be addressed to the Law Department, City Building, One Donham Plaza, Middletown, Ohio 45042 ((513) 425-7830).
(2) A complaint may be filed in writing or verbally. It shall contain the name and address of the person filing it and briefly describe the alleged violation of the regulations.
(3) A complaint shall be filed within seven days after the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination occurring before this grievance procedure was in place will be considered on a case-by-case basis.)
(4) An investigation, as may be appropriate, shall follow the filing of a complaint. The investigation will be conducted by the Law Department, who has been designated to coordinate ADA compliance efforts. 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.
(5) A written determination as to the validity of the complaint and a description of resolution, if any, shall be issued by the Law Department and a copy forwarded to the complainant no later than 15 working days after its filing.
(6) If any discrimination on the basis of handicap is discovered, the City will undertake action to correct the situation.
(7) The Law Department shall maintain the files and records of the City relating to the complaints filed.
(8) The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration shall be made within seven days to the Director of Law. A committee of three individuals, including the City Manager or his or her designee, the Director of Law or his or her designee and the City’s § 504 Compliance Coordinator under such section of the Rehabilitation Act of 1973, will process all appeals and issue their determination no later than 30 days after submission.
(9) The right of a person to a prompt and equitable resolution of a complaint filed hereunder shall not be impaired by the person’s pursuit of other remedies, such as the filing of a complaint with the Department of Justice or any other appropriate Federal agency. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies.
(10) These procedures shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and to assure that the City complies with the ADA and regulations of the Department of Justice, the Equal Employment Opportunity Commission and any other Federal agency charged with promulgating regulations or monitoring compliance with the ADA.
(Res. R92-26, passed 6-17-1992; Am. Ord. O2010-84, passed 12-7-2010)