[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.
A.
Notice requirements.
(1)
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.
(2)
The ADA Compliance Officer shall cause the following
statement of equal employment opportunity to be included on all recruitment
materials, publications or broadcasts:
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Equal Employment Opportunity Statement: "The
City of Marlborough does not discriminate on the basis of race, color,
national origin, sex, religion, age or disability in employment or
the provision of services."
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B.
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.
A.
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.
B.
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:
(1)
Complaints should be addressed to the designated ADA
Coordinator or, in his/her absence, the City Solicitor.
(2)
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.
(3)
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.
(4)
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.
(5)
The City Solicitor shall maintain the files and records
of the City of Marlborough relating to any complaints filed.
(6)
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.
(7)
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.
(8)
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.
