[HISTORY: Adopted by the City Council of the City of Columbia as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 2.64 of the 1997 Code]
There is created the appointed City office in and for the City, of and to be known as the "Americans with Disabilities Act Coordinator," an executive office of the City.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Americans with Disabilities Act Coordinator shall be appointed annually by the Mayor, with the approval of the City Council, at the first meeting of the City Council held in May of each year, or as soon thereafter as is practicable. The person appointed to fill the office of ADA Coordinator shall serve at the pleasure of the Mayor. The ADA Coordinator may hold another elected or appointed office in the City but will not receive compensation for the office of ADA Coordinator. Following his or her appointment as ADA Coordinator, and prior to the commencement of his or her service as ADA Coordinator, the person appointed shall take and subscribe to an oath of office and post a bond as provided by 65 ILCS 5/3.1-10-25 and 5/3.1-10-30 and this Code.
The powers and duties of the ADA Coordinator shall be to coordinate the City's efforts to comply with and carry out the City's responsibilities under the Act, to investigate complaints alleging violations by the City in complying with the Act, make available to any interested persons the ADA Coordinator's name, address and telephone number, and to execute any other powers and duties as prescribed by the Act and its accompanying federal regulations.
Complaints of alleged violations of the Americans with Disabilities Act by the City must be made in writing and filed with the ADA Coordinator of the City. Complaints must contain the name of the petitioner, dates of the alleged violations, City employees or agents who participated in the alleged violations, the names of all witnesses to the alleged violations, a description of the events or conditions that allegedly violated the Act, the provisions of the Act or its federal regulations that are violated by the alleged events or conditions, and a proposal by the petitioner as to remedying the alleged violations. Complaint forms are available from the ADA Coordinator. The ADA Coordinator shall render his decision on the complaint within 15 working days from the date of the filing of the complaint.
If a complaint cannot be resolved by the ADA Coordinator to the satisfaction of the petitioner, then a petitioner may appeal the ADA Coordinator's decision in writing to the ADA Compliance Committee. Appeal forms are available from the ADA Coordinator and shall be filed with the City Clerk. A hearing will be held by the ADA Committee within 15 working days of the filing of the appeal, at which time the petitioner may present evidence and testimony in support of his complaint and appeal. The ADA Committee shall render a written decision on an appeal within 30 days of the hearing.
If a complaint cannot be resolved by the ADA Committee to the satisfaction of the petitioner, then a petitioner may appeal the ADA Committee's decision in writing to the City Council. Appeal forms are available from the ADA Coordinator and shall be filed with the City Clerk. A hearing will be held by the City Council at its next regular meeting held not sooner than 10 working days after having received petitioner's appeal of the ADA Committee's decision. A petitioner may present evidence and testimony in support of his complaint and appeal. The City Council shall render a written decision on an appeal within 30 days of the hearing.
All hearings held before the ADA Committee and the City Council shall be recorded, and transcripts of said hearing shall be available upon written request.
The use of this grievance procedure is not a prerequisite for a petitioner to pursue other remedies. A petitioner's filing of a complaint or appeal as part of the proceedings of this grievance procedure shall in no way impair petitioner's pursuit of remedies by filing a complaint with any state or federal agency or by filing a lawsuit in any state or federal district court. However, the filing of a complaint or a lawsuit by a petitioner with any state or federal agency or court shall immediately suspend all proceedings of the grievance procedure and any action proposed or taken by the City as a result of the petitioner's complaint or appeal.