(A) Adoption of transition plan. The transition plan compiled and prepared for the city by Chenworth Associates, which sets forth the necessity of the appointment of a responsible individual who shall be responsible for coordinating the city’s efforts to meet the requirements of the Americans with Disabilities Act and for investigating complaints alleging the city’s noncompliance with the Americans with Disabilities Act, the necessity of adopting a grievance procedure for the prompt and equitable resolution of complaints alleging any action prohibited by the United States Department of Justice regulations implementing Title II of the Americans with Disabilities Act, the necessity of providing notice to the public that the accommodations and procedures provided by the city comply with the requirements of the Americans with Disabilities Act, the necessity to modify the existing facilities of the city so that they meet the requirements of the Americans with Disabilities Act, the necessity to provide devices and procedures to ensure accommodations for adequate communication which meet the requirements of the Americans with Disabilities Act, the necessity to modify the ordinances of the city so that they comply with the requirements of the Americans with Disabilities Act and the necessity to establish employment and personnel practices that meet the requirements of the Americans with Disabilities Act, is hereby approved and adopted in all respects.
(Prior Code, § 1-1201)
(B) Coordinating officer; appointment. The Municipal Utilities Superintendent is hereby designated as the city’s designated responsible employee who shall be responsible for coordinating the city’s efforts to meet the requirements of the Americans with Disabilities Act, for investigating complaints alleging the city’s noncompliance with the Americans with Disabilities Act and for establishing and publishing a grievance procedure therefor.
(Prior Code, § 1-1202)
(C) Grievance procedure. The city adopts the following grievance procedure for the prompt and equitable resolution of complaints alleging any action prohibited by the United States 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 participation in, be denied the benefits of or be subject to discrimination” in programs or activities sponsored by the city. This includes the city’s nursing home, Czech Village or other programs or boards supported by the city.
(1) Complaints should be addressed to: Municipal Utilities Superintendent, City of Wilber, P.O. Box 486, Wilber, Nebraska 68465-0486. The Municipal Utilities Superintendent has been designated by the City Council to coordinate Americans with Disabilities compliance efforts by the city.
(2) A complaint should be filed in writing or verbally. It should contain the name and address of the person filing it and briefly describe the alleged violation of regulations.
(3) A complaint should be filed within 30 days after 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 Municipal Utilities Superintendent. A complainant may appeal the finding of the investigation to the City Council for review and action. 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 Municipal Utilities Superintendent and a copy forwarded to the complainant no later than 30 days after its filing.
(6) The complainant can request reconsideration of the case in instances where he or she is dissatisfied with the determination. The request for reconsideration should be made within 30 days of issuance of the determination to the City Council. The City Clerk shall receive all requests for reconsideration at 101 W. 3rd Street, Wilber, Nebraska.
(7) The rights of a person to a prompt and equitable resolution of the complaint filed shall not impair the complainant from pursuit of other remedies allowed under the Americans with Disabilities Act. Use of the grievance procedure is not a prerequisite to pursuit of other remedies.
(8) The City Clerk, on the behalf of the Americans with Disabilities Act Coordinator, shall maintain the files and records of the city relating to the complaints filed.
(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 Americans with Disabilities Act and implementing regulations.
(Prior Code, § 1-1203)
(Ord. 619, passed 3-2-1993; Ord. 620, passed 3-2-1993; Ord. 621, passed 3-2-1993)