Pursuant to Title II, The Americans With Disabilities
Act, Public Law 101-336 and 28 CFR Part 35, entitled "Nondiscrimination
on the Basis of Disability in State and Local Government Services,"
it shall be the policy of the City to provide nondiscriminatory treatment
to all persons with disabilities and to provide reasonable accommodation
and program accessibility to all such persons unless doing so would
result in undue hardship to the City. Undue hardship shall constitute
significant difficulty or expense related to the operation of the
City's programs and services. Where the City determines that a particular
accommodation or aid for a nonemployee would result in a fundamental
alteration in the nature of its programs, activity or services or
in undue financial and administrative burdens it must do so in a written
determination by the Mayor or the designee of the Mayor. Such determination
shall state the reasons for reaching that conclusion. All such determinations
shall be based upon all resources available for use in the applicable
program. In such cases, the City must take such action that would
not result in such an alteration or such burdens but would nevertheless
ensure that individuals with disabilities receive the benefits and
services of the program activity. Requests for reasonable accommodation
and auxiliary aids from employees of the City shall be made to the
City Personnel Officer who shall be responsible for coordinating the
provision of such accommodation or aid; such requests by individuals
who are not City employees shall be made to the office of the City
Clerk, who shall be responsible for coordinating the provision of
such accommodations or aids. Such requests shall be made at least
five business days prior to the need for such accommodation or aid,
if possible. Complaints or grievances concerning the application of
this section shall be filed with the City Corporation Counsel.
The Mayor shall designate a City officer or
employee to serve as the Affirmative Action Officer of the City. The
Affirmative Action Officer shall ensure that the City is conducting
its hiring and employment in full compliance with all federal, state
and local laws, rules, regulations and policies regarding affirmative
action and equal employment opportunity.