HomeMy WebLinkAbout2006 ResolutionCATHERINE D SEAMAN
Deputy City Clerk
RUB
rney
APP OVED S TO FO ATTEST
RESOLUTION NO. 2nn6
A RESOLUTION providing for an internal grievance procedure for complaints
alleging any action prohibited by Title II of the Americans with
Disabilities Act (ADA).
WHEREAS, U S Department of Justice regulations implementing Title II of
the Americans with Disabilities Act require cities to adopt an internal gnevance
procedure providing for the prompt and equitable resolution of complaints, and
WHEREAS, the City desires to comply with the federal law and to provide
the means for a prompt and equitable resolution of such complaints, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
§1. The ADA grievance procedure, attached hereto, and incorporated by
this reference herein, is adopted as the internal grievance procedure to provide
for the prompt and equitable resolution of complaints alleging any action
prohibited by U S Department of Justice regulations implementing Title II of
the Amencans with Disabilities Act
§2. The City Manager shall solicit applications from the disabled
community and the local business community to fill the three non-council
positions on the Residential Access Committee The names received shall be
referred to the Mayor for appointment to the Committee with the appointment of
two Council members
PASSED by the City Council of the City of Pasco, at its regular meeting
this 20th day of Apnl, 1992
• CtPeFELICE
syor
Sample Grievance Policy No 1
ADA Grievance Procedure
The City of Pasco has adopted an internal grievance procedure providing for prompt
and equitable resolution of complaints alleging any action prohibited by the U S
Department of Justice regulations implementing Title II of the Americans with
Disabilities Act Title II states, m part, that "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 a public entity
Complamts should be addressed to Greg A Rubstello, ADA Coordmator, 412 West Clark,
P 0 Box 293, Pasco, Washington 99301, (509) 545-3406, who has been designated to
coordinate the City of Pasco 's ADA compliance efforts
1 A complaint shall be filed in writing or verbally, contain the name and
address of the person filing it, and briefly describe the alleged violation of the
regulations
2 A complaint shall be filed withm ten (10) days after the complamtant
becomes aware of the alleged violation (Processing of allegations of discrimination
which occurred before this grievance procedure was in place will be considered on a
case-by-case basis )
3 An mvestigation, as may be appropriate, shall follow a filmg of
complaint The investigation shall be conducted by the City Manager These rules
contemplate informal but thorough investigations, affording all interested persons
and their representatives, if any, an opporturuty 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 City Manager and a copy
forwarded to the complamtant no later than thirty (30) days after its filmg
5 The ADA Coordmator shall maintain the files and records of the City of
Pasco relating to the complaints filed
6 The complamtant can request a reconsideration of the case in instances
where he or she is dissatisfied with the resolution The request for reconsideration
shall be made within ten (10) days to the ADA Coordinator
7 Upon reconsideration, an mvestigation shall be made by the Disabled
Resident Access Committee composed of representatives appointed by the City Council
and selected from the following community groups two members of the City Council,
two members from the disabled community or their representatives, and a local
business person The Committee should hear the complaint m public after adequate
notice to the complamtant in an unbiased objective manner and make a wntten
decision by majority vote within thirty days of notification Their decision shall
be final
•
8 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
remedies such as the filing of an ADA complaint with the responsible federal
department or agency Use of this gnevance procedure is not a prerequisite to the
pursuit of other remedies
9 These rules shall be construed to protect the substantive nghts of
interested persons to meet appropriate due process standards, and to assure that the
City of Pasco complies with the ADA in implementing regulations