[CC 1991 §2-260; Ord. No. 917 §1, 8-18-1992]
The Americans With Disabilities Act Grievance Procedure (hereinafter referred to as "Procedure") is established pursuant to the Americans With Disabilities Act of 1990, 42 U.S.C. Section 12101 et seq., (hereinafter referred to as "ADA") and specifically Section 35.107 of the Title II regulations, 28 CFR Part 35, requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the designated coordinator.
In general, the ADA requires that each program, service and activity offered by the City of Frontenac (hereinafter referred to as "City"), when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.
It is the intention of the City to foster open communications with all individuals requesting readily accessible programs, services and activities. The City encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.
[CC 1991 §2-261; Ord. No. 917 §1, 8-18-1992]
As used in this Article, the following definitions shall apply:
- An individual with a disability who files a grievance form provided by the City under this procedure.
- DESIGNATED COORDINATOR
- The person(s) appointed by the Mayor who is responsible for the coordination of efforts of the City to comply with and carry out its responsibilities under Title II of the ADA including investigation of grievances filed by complainants.
- Any complaint under the ADA by an individual with a disability who meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by the City, and who believes he/she has been excluded from participation in or denied the benefits of any program, service or activity of the City or has been subject to discrimination by the City.
[CC 1991 §2-262; Ord. No. 917 §1, 8-18-1992]
Grievances must be submitted through the channels defined below in the form and manner as described and within the specified time limits. It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement in writing by the complainant and the reviewer at the designated coordinator and final level.
A complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure within the specified time limits shall mean that the complainant has withdrawn the grievance, or has accepted the last response given in the grievance procedure as the City's last response.
The City shall, upon being informed of that individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the grievance form.
[CC 1991 §2-263; Ord. No. 917 §1, 8-18-1992]
If an individual desires to file a formal written grievance, the individual shall promptly but no later than one hundred eighty (180) days after the alleged discrimination, submit the grievance to the designated coordinator in writing on the grievance form prescribed for that purpose. The grievance form must be completed in full in order to receive proper consideration by the designated coordinator.
Upon request, assistance shall be provided by the City to complete the grievance form.
The designated coordinator, or his/her representative, shall investigate the grievance and shall make reasonable efforts to resolve it. The designated coordinator shall provide a written response to the complainant and the Mayor within ten (10) business days after receipt of the grievance form.
[CC 1991 §2-264; Ord. No. 917 §1, 8-18-1992]
If the grievance has not been resolved at the designated coordinator level to the satisfaction of the complainant, the complainant may submit a copy of the grievance form and designated coordinator's response to the Mayor for final review. The complainant shall submit these documents to the Mayor, together with a short written statement explaining the reason(s) for dissatisfaction with the designated coordinator's written response, within five (5) business days after receipt of the complainant of the designated coordinator's response.
The Mayor shall appoint a three (3) member panel to review the grievance at the final level. One (1) member so appointed shall be designated Chairman.
The complainant shall be afforded an opportunity to appear before the panel. Complainant shall have a right to appoint a representative to appear on his/her behalf. The panel shall review the designated coordinator's written response and may conduct interviews and seek such advice as it deems appropriate.
Upon reaching a concurrence, the panel shall make recommendations in writing to the Mayor as to the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a recommendation to the Mayor in writing and shall also sign such recommendation.
Upon receipt of recommendations from a panel, the Mayor shall approve, disapprove or modify the Panel recommendations, shall render a decision thereon in writing, shall state the basis therefore, and shall cause a copy of the decision to be served on the parties. The Mayor's decision shall be final. If the Mayor disapproves or modifies the panel recommendations, the Mayor shall include written reasons for such disapproval or modification.
The grievance form, the designated coordinator's response, the statement of reasons for dissatisfaction, the recommendations of the panel and the decision of the Mayor shall be maintained for the term and in accordance with State and Federal record maintenance requirements.
[CC 1991 §2-265; Ord. No. 917 §1, 8-18-1992]
The City shall ensure that all stages of the procedure are readily accessible to and usable by individuals with disabilities.
[CC 1991 §2-266; Ord. No. 917 §1, 8-18-1992]
Each grievance involves a unique set of factors which include but are not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and, whether or not an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the City. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.