Chapter 2.440 COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT

Chapter 2.440
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT

Sections:

2.440.010 Accessibility policy.

It is the goal of the city of Oak Harbor to make every reasonable effort to provide equal access to all city-sponsored services, programs, and activities for citizens and employees with disabilities. Equal employment opportunities will be provided for all qualified individuals with a disability as defined by the Americans with Disabilities Act (ADA). The city will make reasonable modifications in policies, practices, and procedures to ensure equal access and will operate its programs so that, when viewed as a whole, those programs are reasonably accessible to, and usable by, individuals with disabilities. (Ord. 1465 § 2, 2006; Ord. 919 § 1, 1992. Formerly 2.52.010).

2.440.020 ADA coordinator.

Suggestions, requests or complaints should be addressed to: City Administrator, or such other employee as designated by the mayor, City of Oak Harbor, 865 SE Barrington Drive, Oak Harbor, Washington 98277, (360) 279-4501, who has been designated to coordinate ADA compliance efforts. (Ord. 1465 § 3, 2006; Ord. 919 § 2, 1992. Formerly 2.52.020).

2.440.030 Processing of complaints.

To the purpose of effecting the policy set out in OHMC 2.440.010, the following grievance procedure is to be followed:

(1) A complaint must be filed in writing or verbally, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations.

(2) A complaint must be filed within 10 days after the 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.

(3) An investigation, as may be appropriate, shall follow the filing of a complaint. The investigation shall be conducted by a person designated by the city supervisor. 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.

(4) A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued and a copy forwarded to the complainant no later than 15 days after its filing.

(5) The ADA coordinator shall maintain the files and records of the city of Oak Harbor relating to the complaints filed.

(6) The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration must be made within 10 days to the Oak Harbor city council. Prior to hearing by the city council, the ADA coordinator may refer the matter for mediation if the complainant agrees.

(7) The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person’s pursuit of other remedies such as the filing of an ADA complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite of other remedies.

(8) 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 of Oak Harbor complies with the ADA and implementing regulations. (Ord. 1463 § 4, 2006; Ord. 919 § 3, 1992. Formerly 2.52.030).

2.440.040 Rights and obligations.

Nothing herein shall be construed as providing rights and obligations less than those required under the Americans with Disabilities Act. (Ord. 1465 § 5, 2006; Ord. 919 § 4, 1992. Formerly 2.52.040).