(A) 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 which states, in part, that “no otherwise qualified 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 the city.
(B) Complaint procedure:
(1) Complaints should be addressed to ADA coordinator, 520 Main Street, City Hall Annex, Mt. Vernon, Indiana 47620 (812) 838-5576, who has been designated to coordinate ADA compliance efforts.
(2) A complaint should be filed in writing or verbally, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations.
(3) A complaint should be filed within 30 days after the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination which occurred 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 a filing of complaint. The investigation shall be conducted by the ADA coordinator or her designee. 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. Under the Department of Justice regulations, the city need not process complaints from applicants for employment.
(5) A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the ADA coordinator and a copy forwarded to the complainant no later than 15 working days after its filing.
(6) The ADA coordinator shall maintain the files and records of the city relating to the complaints filed.
(7) 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 30 days to the ADA Compliance Committee c/o the Board of Public Works and Safety, 520 Main Street, City Hall Annex, Mt. Vernon, Indiana.
(8) The right of a person to a prompt and equitable resolution of the complaint 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.
(9) These rules 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 implementing regulations.
(Ord. 92-13, passed 5-11-92)