[HISTORY: Adopted by the Common Council of the City of Colby
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-5-1995 as
Title 15, Ch. 5, of the 1995 Code]
A.
The City of Colby, in complying with the Americans with Disabilities
Act (ADA), 42 U.S.C. § 12101 et seq., 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 Colby Clerk-Treasurer.
B.
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 five members and shall, if possible, have representatives
from the following fields:
C.
In the alternative to the Committee structure in Subsection B above, the Common Council may designate a Council standing committee or the Planning Committee to serve as the ADA Compliance Committee.
D.
City letterhead and other applicable printed notices should contain
the words "An equal opportunity/affirmative action employer."
E.
An ADA 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.
A.
Complaints shall be filed with the ADA Coordinator, in care of the
City Clerk-Treasurer.
B.
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.
C.
A complaint should be filed within 30 days after the complainant
becomes aware of the alleged problem.
D.
An investigation, as may be appropriate, shall follow a filing of
a complaint. The investigation will be conducted by the ADA Coordinator.
E.
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.
F.
The City Clerk-Treasurer shall maintain the files and records of
the City relating to the complaints filed.
A.
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.
B.
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.
