(a) There is hereby established, in the Service Department, an office to be known as the office of the ADA Coordinator which will be staffed by the Service Director to assist qualified individuals with a disability in the following areas:
(1) Coordination of City efforts to comply with and carry out its responsibilities under the Americans with Disabilities Act of 1990 (ADA) including the investigation of complaints as to its noncompliance or prohibited actions under the ADA grievance procedure and the review of requests and suggestions regarding access to and participation in public facilities, services and functions of the City by qualified individuals with a disability.
(2) Coordination of requested auxiliary aids for qualified individuals with a disability. (Auxiliary aids shall be requested at least three working days prior to any meeting or activity. "Auxiliary aids" include qualified interpreters or other effective methods of making aurally-delivered materials available to individuals with hearing impairments; qualified readers, taped texts or other effective methods of making visually-delivered materials available to individuals with visual impairments; and other similar services and actions.)
(b) (1) The following ADA grievance procedure is established respecting the investigation and mediation of complaints against the City as to its noncompliance or prohibited actions under the Americans with Disabilities Act of 1990 (ADA) for the prompt and equitable resolution of such complaints:
A. Complaints regarding access or discrimination in regard to the ADA may be filed with the ADA Coordinator. Such complaint shall be in writing and shall clearly state the name and address of the complainant and the particulars of the alleged violation. Individuals with a disability shall be given any special assistance requested in filing a complaint.
B. The ADA Coordinator shall, after receiving such complaint, promptly inform the Mayor of the filing of the complaint in order that the Mayor may set a hearing upon the complaint within fifteen working days of its filing and give prompt written notice of such hearing to the complainant. The Coordinator shall then make a prompt and full investigation and turn over the findings and recommendations to the Mayor within ten working days of the filing of the complaint.
C. The Mayor shall conduct an administrative hearing upon such complaint within fifteen working days of its filing. At the hearing, the individual filing the complaint may appear with witnesses to substantiate the complaint, and may be represented by legal counsel. Any required auxiliary aids requested for purposes of the hearing shall be supplied by the City. The Mayor shall render a written decision within five working days of the hearing. Should the complainant choose not to appear for the hearing, the Mayor shall render a decision based upon the complaint, the Coordinator's investigation report, and all other available evidence. The Mayor shall determine and include in the decision what special accommodations or modifications were considered, if any, and whether the same would present an undue burden upon the City.
D. Complainant may make written request to the Clerk of Council within five working days of the Mayor's decision that the complaint be heard and discussed at an open, public meeting. Individuals with a disability shall be given any special assistance requested in filing this appeal. A public hearing with at least fourteen day's public notice in a newspaper of general circulation within the City and written notice to the complainant shall be conducted within thirty days of the next meeting of Council. Proceedings shall be recorded and maintained. Council shall render its decision in writing within thirty days of the hearing. The decision of Council shall be final.
E. A record of action taken on all complaints and requests shall be maintained as part of the official City records or minutes at each level of the grievance process.
F. A complainant's right to a prompt and equitable resolution of the complaint or request shall not be impaired by the pursuit of other remedies, and use of this grievance procedure shall not be considered a prerequisite to the pursuit of other remedies.
G. Council reserves the right to appoint a special committee to hold the required public hearing upon an appeal of the Mayor's decision, and to have such committee make written recommendations to Council.
(2) Any requests or suggestions regarding access to and participation in public facilities, services and functions of the City by individuals with a disability shall be made through the ADA office for review and prompt presentation to the Mayor for consideration.
(3) The office of the ADA Coordinator shall keep record of all requests and complaints filed and action taken thereon.
(Ord. 950418-43. Passed 5-3-95.)