(A) The city has adopted 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 subjected to discrimination" in programs or activities sponsored by a public entity.
(B) Complaints should be addressed to the designated individual who is coordinating ADA compliance efforts. This information can be found through the City Clerk's Office.
(1) A complaint should be filed in writing; contain the name of address of the person filing it; and briefly describe the alleged violation of the regulations.
(2) A complaint should be filed within 30 working 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.)
(3) An investigation, as may be appropriate, shall follow a filing of a complaint.
(a) The investigation shall be conducted by the City Council. 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.
(b) Under the Department of Justice regulations the city need not process complaints from applicants for employment of from applicants for admission to post-secondary educational institutions.
(4) A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the designated ADA coordinator and a copy forwarded to the complainant no later than 30 working days after its filing.
(5) The ADA coordinator shall maintain the files and records of the city relating to the complaints filed.
(6) The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for consideration should be made within 15 days to ADA coordinator.
(7) 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 agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.
(8) The 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. 011-94, passed 1-9-95)