Chapter 2.92
GRIEVANCE PROCEDURE FOR INDIVIDUALS WITH DISABILITIES
Sections:
2.92.010 Discrimination prohibited.
2.92.020 Coordinator designated.
2.92.030 Filing of complaints.
2.92.040 Investigation of complaints.
2.92.050 City administrator’s decision.
2.92.010 Discrimination prohibited.
The city shall not discriminate against a qualified individual with a disability because of the disability of such individual in regard to employment practices, the provision of services by the city or the benefits of a city program receiving financial assistance from the federal government. The term “discriminate” shall be construed in accordance with the Americans with Disabilities Act, 42 U.S.C. Section 12112. (Ord. 12-95 § 2, 1995).
2.92.020 Coordinator designated.
The city administrator is designated as the Section 504 coordinator, as required by Section 504 of the Federal Rehabilitation Act of 1973. (Ord. 12-95 § 2, 1995).
2.92.030 Filing of complaints.
All complaints shall be submitted in writing, should contain the name and address of the person filing the complaint, and a brief description of the alleged violation. The complaint should be filed within 10 days after the complainant becomes aware of the alleged violation. (Ord. 12-95 § 2, 1995).
2.92.040 Investigation of complaints.
The city administrator is responsible to hear and/or cause investigation of any written question or concern by a member of the public or employee regarding discriminatory practices in the provision of services, barriers to accessibility to services or employment practices. All interested persons may submit evidence relevant to the complaint. (Ord. 12-95 § 2, 1995).
2.92.050 City administrator’s decision.
The city administrator shall, within 10 days of receipt of the complaint, provide a written decision. (Ord. 12-95 § 2, 1995).
2.92.060 Appeal.
If the complainant is dissatisfied with the coordinator’s action he or she may, within 10 days of receipt of the written decision, file an appeal to the city council. The appeal shall set forth the alleged errors made by the coordinator, and shall contain any relevant evidence that was not considered in the coordinator’s investigation. (Ord. 12-95 § 2, 1995).
2.92.065 Jurisdiction.
The city council’s jurisdiction to hear an appeal shall be limited to claims alleging violations of the Americans with Disabilities Act of 1990 and the Federal Rehabilitation Act of 1973. Prior to an appeal hearing, the city attorney shall make a determination regarding the city council’s jurisdiction to hear the appeal. The city attorney’s determination shall consider the underlying complaint, the appeal, and all evidence submitted with the appeal. The determination shall be reduced to writing, and presented at the next city council meeting. A determination of lack of jurisdiction will result in the dismissal of the appeal. (Ord. 12-95 § 2, 1995).
2.92.070 Hearing.
The city council shall schedule a hearing to consider the complaint within 30 days of receipt of the city attorney’s determination of jurisdiction. The complainant shall be given notice of and have the right to testify at the hearing. (Ord. 12-95 § 2, 1995).
2.92.080 Council decision.
Within 15 days of the council meeting, the council will issue written findings either resolving the complaint through reasonable accommodation, dismissing the complaint as not relevant to the Americans with Disabilities Act of 1990 and/or the Federal Rehabilitation Act of 1973 or recommend such other action as is necessary to ensure compliance with federal regulations. The decision of the council shall be final. (Ord. 12-95 § 2, 1995).
2.92.090 Alternate remedies.
The individual’s right to prompt and equitable resolution of the complaint with the U.S. Department of Justice or other appropriate federal or state agency shall not be affected by the procedure set forth in this chapter. The grievance procedure set forth in this chapter shall not be construed to limit or otherwise restrict rights provided to any city employees under collective bargaining agreements or civil service regulations. (Ord. 12-95 § 2, 1995).