[HISTORY: Adopted by the Common Council of the City of Marion as indicated in article histories. Amendments noted where applicable.]
Article I Americans With Disabilities Act
[Adopted 7-22-1993 as Title 15, Ch. 3, of the 1993 Code]
The City of Marion, in complying with the Americans with Disabilities Act (ADA), has developed a plan by which access to all City programs, facilities, services and employment is guaranteed to all citizens. A transition plan has been adopted by the Common Council and is available from the City Clerk-Treasurer. An ADA Coordinator has been appointed and an ADA Compliance Committee established. Concerns and/or complaints can be addressed to the ADA Coordinator, care of the City of Marion office of Clerk-Treasurer.
The ADA Coordinator and ADA Compliance Committee shall be annually appointed by the Mayor, subject to confirmation by the Common Council, at the Council's organizational meeting. The ADA Compliance Committee shall consist of a minimum of five members and shall, if possible, have a representative from each of the following fields:
City letterhead and other applicable printed notices should contain the words "An Equal Opportunity/Affirmative Action Employer."
An ADA Compliance Committee meeting shall be treated as any other City committee meeting, and notice shall be posted a minimum of 24 hours prior to the meeting.
Complaints shall be filed with the ADA Coordinator, in care of the City Clerk-Treasurer.
A complaint shall be filed in writing, contain the name and address of the person filing it, and briefly describe the alleged violation or complaint.
A complaint should be filed within 30 days after the complainant becomes aware of the alleged problem.
An investigation, as may be appropriate, shall follow the filing of a complaint.
A written determination as to the validity of the complaint and description of the resolution, if any, shall be issued by the ADA Coordinator and a copy forwarded to the complainant no later than 20 days after its filing.
The City Clerk-Treasurer shall maintain the files and records of the City relating to the complaints filed.
If unresolved, the complainant or ADA Coordinator may ask that the complaint be forwarded to the ADA Compliance Committee. The Committee may establish rules to review the complaint and will issue its written decision within 30 days. Review will be conducted in public with a minimum 24 hours' notice. All proceedings will be transcripted and maintained. The Committee will also review requests or suggestions from disabled persons regarding access to and participation in public facilities, services, activities and functions in the community.
If unresolved, the complainant or ADA Coordinator may ask that the complaint be heard by the Common Council and that a determination be made within 30 days of the ADA Compliance Committee's hearing. The decision by the Council shall be final. An open, public meeting of the Common Council shall precede the vote.
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 state or federal remedies. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies. However, the City believes that resolution of the complaint will be more promptly achieved if the City is able to provide a remedy before the complaint is brought to an external organization.
This article shall be construed to protect the substantive rights of interested persons and to meet appropriate due process standards.