[HISTORY: Adopted by the Common Council of the City of Prescott as indicated in article histories. Amendments noted where applicable.]
Article I Compliance With Americans With Disabilities Act
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The City Administrator or his/her designee shall serve as the ADA Coordinator.
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities.
Employment. The City does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA.
Effective communication. The City will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City's programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.
Modifications to policies and procedures. The City will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. For example, individuals with service animals are welcomed in City offices, even where pets are generally prohibited.
Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a City program, service, or activity, should contact the City Administrator as soon as possible but no later than 48 hours before the scheduled event.
The ADA does not require the City to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.
Complaints that a City program, service, or activity is not accessible to persons with disabilities should be directed to the City Administrator.
The City will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.
Editor's Note: See 42 U.S.C. § 12101 et seq.
This complaint procedure may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Prescott. The City's Employee Handbook governs employment-related complaints of disability discrimination.
The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.
The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:
After receipt of the complaint, the ADA Coordinator will meet with the complainant to discuss the complaint and the possible resolutions. After meeting with the complainant, the ADA Coordinator will respond in writing, and, where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City and offer options for substantive resolution of the complaint.
If the response by the ADA Coordinator does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the City's Common Council.
After receipt of the appeal, the Common Council will meet with the complainant to discuss the complaint and possible resolutions. After the meeting, the Council President or his/her designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.
All written complaints received by the ADA Coordinator, appeals to the Common Council, and responses from these two offices will be retained by the City Clerk for at least three years.