[R.O. 2009 §2.18.010]
The City of Sikeston seeks to provide equal opportunity for all residents of the City of Sikeston to participate in and utilize its programs and facilities regardless of an individual's physical impairment or other disability. The procedures outlined in Sections 125.140 through 125.190 are adopted for the resolution or mediation of alleged complaints of discrimination on the basis of disability.
[R.O. 2009 §2.18.020; Ord. No. 4505 §4, 1985]
The City of Sikeston will not hire, promote, discipline or remove any City employee by reason of physical or other disability except in keeping with the affirmative action plan as adopted by the City of Sikeston as Ordinance No. 4504. The City of Sikeston has adopted an affirmative action plan, copies of which shall be available for public inspection at City Hall during regular working hours.
[R.O. 2009 §2.18.030]
The City Manager shall designate an employee to serve as the City's ADA Coordinator. Said Coordinator shall be the City's representative to initially hear all complaints, requests or suggestions from citizens regarding access to or participation in City owned/operated structures, services, activities and functions.
[R.O. 2009 §2.18.040]
Any person who believes he/she has been discriminated against on the basis of disability shall have the right to file a complaint with the ADA Coordinator of the City of Sikeston. Said complaint may be filed in person, by telephone or by mail. Whenever a charge is filed by telephone, it shall be verified by mail. Each complaint shall consist of the following:
Charging party's name, address and telephone number;
The issue/issues involved in the alleged complaint;
Identification of the charging party's alleged disability;
Date of the alleged discriminatory act or practice;
Details of what allegedly happened; and
Identity of witnesses who have direct knowledge of the alleged discriminatory act(s).
[R.O. 2009 §2.18.050]
Upon receipt of a complaint of alleged discrimination, the ADA Coordinator shall conduct an investigation. A written response shall be issued, via certified mail, within fifteen (15) days of receipt of said complaint.
[R.O. 2009 §2.18.060]
Should the charging party disagree with the determination or remedies proposed by the ADA Coordinator, the charging party shall, within thirty (30) days from receipt of the ADA Coordinator's response, request a hearing before the City Manager.
Within thirty (30) days of the request provided for in Subsection (A) hereof, the ADA Coordinator shall schedule a hearing before the City Manager. All testimony, evidence and proceedings of the hearing shall be recorded, transcribed and maintained. Within thirty (30) days of the hearing, the City Manager shall issue a written decision on the matter and forward a copy of same to the charging party via certified mail.
Should the City Manager's decision fail to resolve the complaint to the charging party's satisfaction, the party shall request that the issue be heard by the Sikeston City Council. This request shall be in writing and be received by the ADA Coordinator within thirty (30) days of the issuance of the City Manager's decision. Upon receipt of a request for appeal, the complaint shall be heard in an open meeting of the Sikeston City Council within the following thirty (30) days. The Council shall issue a determination within thirty (30) days of the conclusion of the hearing as the same may be from time to time adjourned. The decision of the City Council shall be final.
[R.O. 2009 §2.18.070]
Should a charging party fail to appear at an appeals hearing without providing notice of unavailability at least forty-eight (48) hours prior to the hearing, all rights of appeal shall be waived by the charging party.
[R.O. 2009 §2.18.080; Ord. No. 4913 §2, 8-29-1992]
Notice of reasonable accommodation required, i.e., translator, hearing assistance equipment and like services, must be given to the ADA Coordinator at least seven (7) days prior to any scheduled hearing date.