[HISTORY: Adopted by the City Council of the City of Marlborough 9-25-2000 by Ord. No. 00-8651B (Ch. 45 of the 1986 Code). Amendments noted where applicable.]
It shall be the policy of the City that it will not discriminate on the basis of race, color, national origin, religion, age, sex or disability in employment or the provision of services.
[Amended 3-23-2015 by Ord. No. 14/15-1005961C]
To coordinate the City's efforts to comply with the Americans With Disabilities Act, hereinafter referred to as the ADA, the Mayor shall designate one or more ADA coordinators. Enforcement of Title II of the ADA and related matters shall be the responsibility of the ADA Compliance Officer.
The ADA Compliance Officer shall cause to be published and broadcast at least once annually a public notice as required by 28 CFR 35.106 utilizing methods that will ensure the accessibility of the information to individuals with disabilities.
The ADA Compliance Officer shall cause the following statement of equal employment opportunity to be included on all recruitment materials, publications or broadcasts:
It shall also be the policy of the City that department heads, managers, administrators and others in positions of responsibility shall assist the ADA Coordinator and Compliance Officer in the distribution of the Policy of Nondiscrimination and Equal Employment Opportunity Statement to all program participants, potential program participants, employees and applicants for employment, and to train all support staff in the implementation of the policy of nondiscrimination.
Each contract or agreement with a person or organization which involves the use of municipal property, or on its own property, to provide services, programs and/or activities on behalf of the City shall be subject to the applicable provisions of the Americans With Disabilities Act (ADA) and shall certify its compliance to the City in writing. The City shall monitor the performance of said outside persons or organizations, and noncompliance with the requirements of the ADA may be a condition for termination of any contract or agreement. Said certification shall accompany or be incorporated in each contract or agreement.
As required, the following grievance procedure is hereby adopted. The ADA Compliance Officer shall cause the procedure to be published, broadcast, printed and distributed to all interested persons.
Procedure: Pursuant to Title II of the Americans With Disabilities Act (P.L. 101-336, 42 U.S.C. § 12101 et seq.) and the regulations issued thereunder by the United States Department of Justice (28 CFR Part 35), no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in programs or activities sponsored by the City. To facilitate the prompt and equitable resolution of complaints alleging any action prohibited by said act or regulations, the following internal grievance procedure is hereby adopted:
Complaints should be addressed to the designated ADA Coordinator or, in his/her absence, the City Solicitor.
A complaint should be filed in writing, contain the name and address of the person filing the complaint, should briefly describe the alleged violation, and should be filed within 60 calendar days after the complainant becomes aware of the alleged violation.
An investigation, as appropriate, shall follow a filing of complaint. The investigation shall be conducted by the ADA Coordinator. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.
A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the ADA Coordinator and a copy forwarded to the complainant no later than 60 calendar days after its filing.
The City Solicitor shall maintain the files and records of the City of Marlborough relating to any complaints filed.
The complainant may request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. A request for reconsideration should be made within 30 calendar days following the issuance of the initial finding; should include a copy of all relevant correspondence, and should be filed with the City Solicitor.
The right of an individual to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the individual's pursuit of other remedies, such as the filing of an ADA complaint with the federal government. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.
These rules shall be construed to protect the substantive rights of interested persons to meet appropriate due process standards and to assure that the City of Marlborough complies with the ADA and implementing regulations.