[Adopted 11-6-1985 by Ord. No. 85-15 (Ch.
4 of the 1975 Municipal Code)]
The purpose of this article is to ensure that
the City of Ithaca does not discriminate against the physically handicapped
in its provision of access to public facilities or public meetings,
in employment opportunities or in provision of services, programs
and benefits and to ensure that a formal grievance procedure exists
for anyone who believes that such discrimination has occurred.
As used in this article, the following terms
shall have the meanings indicated:
Any act or attempted act that results in the unequal treatment
or separation or segregation of an individual or denies, prevents,
limits or otherwise adversely affects that individual's benefit to
and enjoyment of the services, programs, employment opportunities
and public facilities provided by the City of Ithaca.
A facility which can be entered and used by a person in a
wheelchair without assistance from another person. This terms is further
defined in Subdivision 5 of § 50 of the Public Buildings
Law of New York State.
Impairment requiring confinement to a wheelchair;
Impairment causing difficulty or insecurity
in walking or climbing stairs or requiring the use of braces, crutches
or other artificial supports or impairment caused by amputation, arthritis,
spastic condition or pulmonary, cardiac or other ills rendering the
individual semiambulatory;
Total or partial impairment of hearing or sight
causing insecurity or likelihood of exposure to danger in public places;
or
Impairment due to conditions of aging and in-coordination.
Any entity for which a quorum is required in order to conduct
public business and which consists of two or more members performing
a governmental function for a public corporation, as defined in § 66
of the New York State General Construction Law, or a committee or
subcommittee or other similar body of such public body.
Any facility or building operated by the City of Ithaca,
but shall not include any facility rented or leased to others.
The official convening of a public body for the purpose of
conducting public business.
Any public body meeting within the City of Ithaca
shall make or cause to be made all reasonable efforts to ensure that
its public meetings are conducted in facilities that permit barrier-free
access to the physically handicapped.
All public buildings within the City of Ithaca
that are likely to be used by physically handicapped persons shall
have at least one entrance and exit which provide barrier-free access
for those confined to a wheelchair. There shall be barrier-free access
to all floors of a public building where programs or services are
offered to the public. If a public building is likely to be used by
the physically handicapped for any extended period of time, such as
for a meeting, then said building shall include barrier-free rest
room facilities for those confined to a wheelchair.
To the extent that it is reasonable and practical,
all public services, programs and benefits provided by or financially
supported by the City of Ithaca shall be equally available and accessible
to the physically handicapped.
In providing the opportunity to apply for municipal
employment or to bid upon a municipal contract, the City of Ithaca
shall not discriminate on the basis of physical handicap. Employment
examinations and interviews shall be scheduled for locations with
barrier-free access.
The City of Ithaca shall require that any individual
who enters into a contract with the City of Ithaca shall agree not
to discriminate against any employee, applicant for employment, subcontractor,
supplier of materials or services or program participant on the basis
of physical disability or handicap.
[Amended 11-3-2021 by Ord. No. 2021-09]
The City Manager shall appoint a city employee
to be the Americans with Disabilities or ADA Access Coordinator for
the City of Ithaca. The Coordinator shall help coordinate and facilitate
city efforts to improve handicapped access, shall receive complaints
from aggrieved persons and shall make every effort to ensure prompt
and equitable resolution of complaints. The ADA Access Coordinator
shall serve until a new appointment is made. If the person designated
as ADA Access Coordinator leaves city employment, the City Manager
shall name a replacement as soon as possible.
A.
The following grievance procedure is established to
provide the city with a formal process for responding to complaints
alleging discrimination on the basis of physical handicap in the city's
employment practices, provision of programs, services or benefits
or in provision of equal access to public facilities and public meetings:
(1)
The grievance should be in written form and contain
as much information as possible about the alleged discrimination,
including the complainant's name, address, phone number and location
and a description of the problem. It should be submitted by the complainant
and/or the complainant's designee within 35 calendar days of the alleged
violation to The Handicapped Access Coordinator, City Hall, 108 East
Green Street, Ithaca, New York 14850. The complainant may submit any
information deemed relevant, including statements from witnesses or
other concerned parties. Other arrangements for submission of a grievance,
such as a personal interview or tape recording, will be made available
for the visually impaired or those with motor impairments upon request
to the program coordinator.
(2)
The Handicapped Access Coordinator shall acknowledge
receipt of a complaint within five working days, copying in the Chairperson
of the Human Services Committee of the Common Council and the city
department involved. The Handicapped Access Coordinator may at this
time request that additional information be supplied by the complainant
within 10 working days of the request. The city department and/or
individual involved shall be given the right to respond to said grievance
within five working days of notification.
(3)
Within 20 working days of receipt of the complaint
or of any additional requested information, the Handicapped Access
Coordinator will respond, in writing (and verbally, if requested),
to the complainant and/or the complainant's designee, copying in the
Chairperson of the Human Services Committee and the city department
involved. The response will offer a resolution, explain the position
of the City of Ithaca with respect to the complaint or notify the
complainant of actions taken to resolve the complaint.
(4)
The grievance shall be presumed resolved unless the
complainant, in writing and within 10 working days of receipt of the
response, appeals to the Human Services Committee of the Common Council
in care of the Chairperson, City Hall, 108 East Green Street, Ithaca,
New York 14850, copying in the Handicapped Access Coordinator and
the city department involved. In addition to the written appeal, a
hearing may be requested at which the complainant may appear personally
or through a designated individual and/or bring an advocate. The appeal,
including a hearing, if requested, will be considered at the next
scheduled meeting of the Human Services Committee or within 35 calendar
days of receipt of the request, whichever is sooner. The city department
and/or the individual involved shall be given the right to respond
to the grievance during the appeal.
(5)
The Human Services Committee shall notify the complainant
and/or the complainant's designee of the final resolution within 35
calendar days of the meeting or hearing. Notification shall be in
writing (and verbally, if requested), with copies to the Handicapped
Access Coordinator and to the city department involved.
(6)
If the program coordinator determines that, because of time constraints, the complainant will be effectively denied redress under the normal procedures even if successful (e.g., the program will be over or the job will be filled before a hearing and determination can be accommodated under the above schedule), then the steps in Subsection A(1), (2) and (3) above may be bypassed, and the program coordinator may request the Chairperson of the Human Services Committee to convene a special meeting of the Committee to hear the grievance and provide a final determination in a timely manner. The program coordinator, the complainant and/or the complainant's designated representative and the city department head or individual involved shall be invited. The Human Services Committee shall notify the complainant and/or the complainants designee of the final resolution within five days of the bearing. Notification shall be in writing (and verbally, if requested), with copies to the program coordinator and to the city department involved.
(7)
The complaint shall be presumed resolved unless the
complainant initiates litigation pursuant to Section 504 of the Rehabilitation
Act of 1983 or other applicable federal agency rules.
B.
In addition to the above, the complainant may also
appeal to the Tompkins County Human Rights Commission. All complaints
received by the Handicapped Access Coordinator and responses from
the City of Ithaca or Human Services Committee will be kept by the
City of Ithaca for a period of three years. These documents may be
requested by the Office of Revenue Sharing should an investigation
into alleged discrimination on the basis of handicapped status be
initiated.
