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