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HomeMy WebLinkAboutCC Resolution 8631 (ADA)RESOLUTION NO. 8631 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL STATING ITS INTENT TO COMPLY WITH ALL APPLICABLE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT AND ADOPTION OF AN AMERICANS WITH DISABILITIES GRIEVANCE PROCEDURE WHEREAS, the Americans with Disabilities Act (ADA) was enacted by the United States Congress on July 26, 1990 to be effective on January 26, 1992; and WHEREAS, the ADA provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services and programs, and telecommunications; and WHEREAS, the ADA requires that the City of San Rafael appoint an ADA Coordinator, adopt an ADA Grievance Procedure, and issue a public notice of its intent to comply with the provisions of the ADA; and WHEREAS, the City of San Rafael recognizes that the goal of the ADA is a positive one, the results of which will make our society more open, inviting participation by and ensuring equal rights to all individuals regardless of their abilities or disabilities. NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council states its intent to comply with the provisions of the Americans with Disabilities Act and adopts the attached ADA Grievance Procedure. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held on Monday, March 16, 1992, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEA M. LE1IN4,roCity Clerk ORIGINAL o8L 3) CITY OF SAN RAFAEL ADA GRIEVANCE PROCEDURE (,AMERICANS WITH. DI.SARILITIES 1 The City of San Rafael 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, in 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. Complaints should be addressed to: Suzanne Golt, Assistant Citv Manaaer, Citv of San Rafael, PO BOX 151560. 1400 - 5th Avenue, San Rafael, CA 94915-1560 (415) 485-3072,, who has been designated as the ADA Coordinator. 1. A complaint should be filed in writing, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations. 2. A complaint should be filed within ten (10) calendar days after the complainant becomes aware of the alleged violation. 3. An investigation, as may be appropriate, shall follow a filing of complaint. The investigation shall be conducted by Suzanne Golt. These rules contemplate informal, but thorough and timely investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint. Under the Department of Justice regulations, the City of San Rafael need not process complaints from applicants for employment. 4. A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by Suzanne Golt and a copy forwarded to the complainant no later than ten (10) calendar days after the written determination is completed and filed. 5. The ADA Coordinator shall maintain the files and records of the Citv of San Rafael relating to the complaints filed. 6. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made within ten (10), calendar days to Suzanne Golt. Reconsideration of grievances shall be handled by the City's designated ADA Compliance Committee. It is desirable that the ADA Compliance Committee shall be composed of a representative of the local business community, the local school system, the local disabled advocacy community, such as the Marin Center for Independent Living, the City's Planning Department, and a fifth member who would rotate to ensure the committee included a member knowledgeable of the specific grievance(s). 7. The ADA compliance committee shall be charged to establish ground rules/procedures for hearing complaints, requests or suggestions from disabled persons regarding access to and participation in public facilities, services, activities an functions directed by the City of San Rafael. Further, the committee shall hear such grievances in public, (unless both parties agree to conduct such hearings privately) after adequate public notice is given, in an unbiased, objective manner. The committee shall issue a written recommendation to the City Manager within thirty (30) calendar days of their hearing. The decision of the City Manger shall be final. A record of action taken on each request or complaint must be maintained as a part of the records or minutes at each level of the grievance process. 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 grievance procedure is not a prerequisite to the pursuit of other remedies. 9. 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 San Rafael complies with the ADA and implementing regulations. APPROVED BY: PamelaJ. hin City Manager DATE: March 16, 1992