ARTICLE XII.
AMERICANS WITH DISABILITIES ACT
DIVISION 1. GENERALLY
Secs. 2-211—2-230. Reserved.
DIVISION 2. GRIEVANCE PROCEDURES1
Sec. 2-231 Filing and receipt of ADA complaints.
Any person who believes himself to be aggrieved by a discriminatory practice, program or facility prohibited by the ADA may file with the City of Kingman clerk a complaint in writing, under oath. The complaint shall be signed by the person claiming to be aggrieved, and shall state the name and address of the person or location alleged to have violated the provisions of the ADA, and shall further set forth the particulars of the violation, and may include such other information as may be required by the ADA coordinator. Complaints filed under this division must be filed within one hundred eighty (180) days after the alleged violation.
(Res. No. 1949, § 1, 8-1-94)
Sec. 2-232 Investigation/conciliation procedures.
The ADA coordinator shall promptly conduct an investigation into each complaint filed with the City of Kingman clerk and shall attempt an adjustment of the complaint by means of conference and conciliation. Sixty (60) days shall be allowed for the purpose of investigation, conference and conciliation outlined in this section. The investigation should include, where appropriate, a review of the pertinent practices and policies of the City of Kingman, the circumstances under which the possible noncompliance with the ADA occurred and other factors relevant to a determination as to whether the City of Kingman has failed to comply with the ADA.
If it appears that the complaint has merit, the ADA coordinator will so inform the City of Kingman, by providing a copy of the complaint and setting a conference for conciliation within the time frame established by the ADA coordinator. Every attempt will be made through the ADA coordinator for the parties to resolve the matter by informal means whenever possible.
If conference or conciliation or similar informal means do not result in compliance with the ADA, the ADA coordinator shall cause to be issued and served a written notice, together with a copy of the complaint, requiring the person named in the complaint, hereinafter referred to as respondent, to answer charges of the complaint at a hearing before the ADA coordinator at a time and place to be specified in the notice.
If an investigation does not warrant action pursuant to this section, or a finding that a violation of the ADA occurred, the ADA coordinator shall dismiss the complaint and notify the complainant and respondent in writing of the dismissal.
(Res. No. 1949, § 2, 8-1-94)
Sec. 2-233 Hearings and decisions.
At the hearing provided for in this section, the complaint shall be heard by the ADA coordinator. At the hearing, the complainant or person aggrieved may appear in person or by counsel, and the respondent may file a written answer to the complaint and may appear in person or by counsel. The ADA coordinator, when conducting any hearing pursuant to this section, may permit amendments to any complaint or answer, and the testimony taken at the hearing shall be under oath, and shall be transcribed at the request of either party, or at the direction of the ADA coordinator. The party requesting the transcription shall be responsible for the costs thereof.
If the ADA coordinator finds at the hearing that the respondent has engaged in any discriminatory practice or practices, prohibited by this chapter, it shall advise the complainant of his rights under existing state and federal laws and try to achieve resolution of the complaint to the satisfaction of both parties.
If the ADA coordinator, upon hearing, finds that respondent has not engaged in any discriminatory practice it shall state its findings of fact, and shall issue and file an order dismissing the complaint.
The ADA coordinator shall establish rules and regulations to govern and expedite and effectuate the foregoing procedure and shall maintain the files provided for herein.
(Res. No. 1949, § 3, 8-1-94)
Sec. 2-234 ADA compliance appeals committee.
There is hereby created an ADA compliance appeals committee of the City of Kingman, hereinafter referred to as appeals committee, composed of three (3) members, appointed by the City of Kingman manager for such terms as are designated by the manager.
Appeals may be taken from the decision of the ADA coordinator to the ADA compliance appeals committee by filing a notice of appeal, and the grounds therefor, with the City of Kingman clerk no later than fifteen (15) days after the date of the decision of the ADA coordinator. The appeals committee shall make its decision on the record established before the ADA coordinator and may affirm, reverse or modify the decision of the ADA coordinator. The decision of the ADA compliance appeals committee shall be final.
The appeals committee shall adopt such rules as may be necessary to carry out its duties under this section. The State of Arizona rules of administrative procedure shall apply to proceedings before the appeals committee unless otherwise provided by the appeals committee.
(Res. No. 1949, § 4, 8-1-94)
Sec. 2-235 ADA coordinator duties.
The ADA coordinator shall be appointed by the City of Kingman manager. It is the duty of the ADA coordinator to:
(1) Initiate, receive, and investigate complaints charging unlawful practices under the ADA;
(2) Seek conciliation of such complaints, hold hearings, make findings of fact, and publish its findings of fact; and
(3) Adopt such rules and regulations as may be necessary within the limits of this division and carry out the purposes and provisions of this division.
(Res. No. 1949, § 5, 8-1-94)
Sec. 2-236 Notices.
Any and all notices required under this chapter to be served upon any person may be served personally on such person or by mailing a copy thereof by certified mail, with return receipt requested, to the most current business or residence address of such person.
(Res. No. 1949, § 6, 8-1-94)
Sec. 2-237 Other remedies; retaliation prohibited.
The filing of a lawsuit in state or federal court or a complaint with the appropriate state or federal official can occur at any time. The use of this grievance procedure shall be terminated and not apply where a complaint has been filed with a state or federal official or a lawsuit has been filed alleging the same or similar violations of the ADA. The City of Kingman nor any person shall intimidate, threaten, coerce or discriminate against any complainant or person for the purpose of interfering with any right or privilege secured by the ADA or because the complainant or person has made a complaint, testified, assisted or participated in any manner in an investigation, proceeding or hearing under this resolution of the ADA.
The records of any complainant shall be kept confidential to the extent allowed by applicable law, including the conduct of any investigation, hearing or judicial proceeding arising under this procedure.
(Res. No. 1949, § 7, 8-1-94)
Sec. 2-238 Exceptions.
Nothing in this division shall apply to complaints alleging discrimination against any person, organization or entity other than the City of Kingman, Arizona or an officer, employee or board or commission thereof.
(Res. No. 1949, § 8, 8-1-94)
Secs. 2-239—2-245. Reserved.
Editor’s note: Resolution No. 1949, adopted Aug. 1, 1994, did not specifically amend this Code; hence, inclusion as Ch. 2, Art. XII, Div. 2, §§ 2-231—2-238, was at the discretion of the editor.