171.07 PROCEDURE FOR FILING COMPLAINTS.

   The following shall be the procedure for all complaints filed against the City under the ADA:

   (a)   Every complaint regarding access or alleged discrimination against the City shall be submitted in writing to the City's ADA Coordinator. A written decision by the Coordinator shall be rendered within 15 working days after his/her receipt of the complaint.

   (b)   If the complaint cannot be resolved to the satisfaction of the complainant by the Coordinator, the complaint may be heard by the Board by submitting a request therefor to the Coordinator, who shall establish a hearing date and notify in writing the person(s) against whom the complaint has been filed, as well as other interested parties. The Coordinator (or his/her designee) shall cause a notice to be given by the local news media (that is a newspaper, radio station or other media having general circulation within the City) in an unbiased, objective manner not less than 10 days nor more than 20 days before the hearing. After the hearing, the Board shall issue a written decision within 30 days, unless extended by the Board for good cause. All proceedings of the Board shall be recorded and a meeting summary shall be submitted to all requesting parties within five working days thereafter.

   (c)   If the complaint cannot be resolved to the complainant's satisfaction by the Board, the complaint may be heard by Council at a public meeting and shall be discussed before proceeding to a vote. A determination shall be made within 30 days after the hearing, unless extended by Council for good cause. Any decision of Council shall be final.

   (d)   A record of action taken on each request of the complainant shall be maintained by the Coordinator as a part of the record at each level of the complaint process.

   (e)   The complainant's right to a prompt and equitable resolution of the complaint shall not be impaired by his/her pursuit of other remedies, such as the filing of an action with the United States Department of Justice or any other appropriate federal agency. Furthermore, filing of an action in any state or federal court may occur at any time. The use of this complaint procedure shall not be a prerequisite to the pursuit to any other remedies by the complainant.
(1978 Code 33.96)