[R.O. 1997 § 100.130; Ord. No.
2339 § 1.01, 8-3-1993]
A. This document establishes the grievance procedure required by 56
Fed. Reg. 35, 718 (1991) (codified at 28 CFR 35.107) pursuant to Title
II of the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C.
§ 12131 et seq.) for the purpose of resolving 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 City's
designated ADA coordinator.
B. In general, ADA requires that each program, service and activity
offered by the City of Kennett, Missouri, when viewed in its entirety,
be readily accessible to and usable by qualified individuals with
disabilities.
C. It is the intention of the City to foster open communication with
all individuals requesting readily accessible programs, services and
activities. The City encourages supervisors of the programs, services
and activities to respond to requests for modifications or accommodations
before they become grievances.
[R.O. 1997 § 100.140; Ord. No.
2339 § 1.02, 8-3-1993]
As used in this Chapter the following terms shall have these
prescribed meanings:
COMPLAINANT
A qualified individual with a disability who files a grievance
on the form set out with this procedure.
DESIGNATED COORDINATOR
The person appointed by the City who is responsible for the
coordination of the efforts of the City to comply with and carry out
its responsibilities under Title II of ADA, including the investigation
of grievances filed by complainants. The designated coordinator is
and can be contacted at Fire Chief, Kennett Municipal Building, College
and Cedar Streets, Kennett, Missouri 63857.
GRIEVANCE
Any complaint under ADA by an individual with a disability
who:
1.
Meets the essential eligibility requirements for participation
in or receipt of the benefits of a program, service or activity offered
by the City; and
2.
Believes that 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, on the basis
of a disability.
QUALIFIED INDIVIDUAL WITH A DISABILITY
A person with a disability who, with or without reasonable
modifications to rules, policies, or practices, the removal of architectural,
communication, or transportation barriers, or the provision of auxiliary
aids and services, meets the essential eligibility requirements for
the receipt of services or the participation in programs or activities
provided by the City.
[R.O. 1997 § 100.150; Ord. No.
2339 § 1.03, 8-3-1993]
A. The City will endeavor to respond to and resolve grievances without the need to resort to the formal grievance procedure established by this policy. A person who wishes to avail himself/herself of the formal procedure, however, may do so only by filing a grievance within one hundred eighty (180) days of the alleged discrimination in the form and manner prescribed in Section
165.040.
B. The City shall provide a copy of the grievance procedure and the
required grievance form to anyone who requests it or expresses a desire
to file a formal grievance.
[R.O. 1997 § 100.160; Ord. No.
2339 § 1.04, 8-3-1993]
A. The filing of a grievance is accomplished by the complainant's
submission of a grievance in writing to the designated coordinator
on the prescribed form.
B. In order to be deemed filed and to receive proper consideration by
the designated coordinator, the grievance form must be completed in
full except as otherwise indicated on the form. The designated coordinator
will notify the complainant within ten (10) business days after the
receipt of the form if the filing is not complete. The City will assist
with completion of the grievance form upon request.
[R.O. 1997 § 100.170; Ord. No.
2339 § 1.05, 8-3-1993]
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 City within ten (10) business days after receipt
of the properly completed grievance form.
[R.O. 1997 § 100.180; Ord. No.
2339 § 1.06, 8-3-1993]
A. If the grievance has not been resolved by the designated coordinator
to the satisfaction of the complainant, the complainant may submit
a copy of the grievance form and the 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 the complainant's
receipt of the designated coordinator's response. The Mayor will
extend the period for submitting the review request and supporting
documents for up to ten (10) additional business days upon complainant's
request.
B. The Mayor shall appoint a three-member panel to review the grievance.
One (1) member so appointed shall be designated as the chairperson.
C. 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 advice as it deems appropriate.
D. 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 also make a signed, written recommendation to the Mayor.
E. Upon receipt of the recommendations from the panel, the Mayor shall
approve, disapprove or modify the panel recommendations, shall render
a decision thereon in writing, shall state the basis therefor, 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's recommendations, the Mayor shall include
written reasons for such disapproval or modification.
F. A complainant's failure to appeal the designated coordinator's
response for review by the Mayor within the specified time limits
shall mean that the complainant has withdrawn the grievance or has
accepted the last response given by the designated coordinator.
[R.O. 1997 § 100.190; Ord. No.
2339 § 1.07, 8-3-1993]
The City shall insure that all stages of the grievance procedure
are readily accessible to and usable by individuals with disabilities.
[R.O. 1997 § 100.200; Ord. No.
2339 § 1.08, 8-3-1993]
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 for, the benefits to be derived
from, 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 to 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.