[CC 1991 §2-260; Ord. No. 917 §1, 8-18-1992]
A.
The Americans
With Disabilities Act Grievance Procedure (hereinafter referred to
as "Procedure") is established pursuant to the Americans With Disabilities
Act of 1990, 42 U.S.C. Section 12101 et seq., (hereinafter referred
to as "ADA") and specifically Section 35.107 of the Title II regulations,
28 CFR Part 35, requiring that a grievance procedure be established
to resolve grievances asserted by qualified individuals with disabilities.
Should any individual desire to review the ADA or its regulations
to understand the rights, privileges and remedies afforded by it,
please contact the designated coordinator.
B.
In general,
the ADA requires that each program, service and activity offered by
the City of Frontenac (hereinafter referred to as "City"), when viewed
in its entirety, be readily accessible to and usable by qualified
individuals with disabilities.
C.
It is
the intention of the City to foster open communications with all individuals
requesting readily accessible programs, services and activities. The
City encourages supervisors of programs, services and activities to
respond to requests for modifications before they become grievances.
[CC 1991 §2-261; Ord. No. 917 §1, 8-18-1992]
As used in this Article, the following definitions shall apply:
An individual with a disability who files a grievance form
provided by the City under this procedure.
The person(s) appointed by the Mayor who is responsible for
the coordination of efforts of the City to comply with and carry out
its responsibilities under Title II of the ADA including investigation
of grievances filed by complainants.
Any complaint under the ADA by an individual with a disability
who meets the essential eligibility requirements for participation
in or receipt of the benefits of a program, activity or service offered
by the City, and who believes he/she has been excluded from participation
in or denied the benefits of any program, service or activity of the
City or has been subject to discrimination by the City.
[CC 1991 §2-262; Ord. No. 917 §1, 8-18-1992]
A.
Grievances
must be submitted through the channels defined below in the form and
manner as described and within the specified time limits. It is mutually
desirable and beneficial that grievances be satisfactorily resolved
in a prompt manner. Time limits established in this procedure are
in calendar days, unless otherwise stated, and may be extended by
mutual agreement in writing by the complainant and the reviewer at
the designated coordinator and final level.
B.
A complainant's
failure to submit a grievance, or to submit or appeal it to the next
level of procedure within the specified time limits shall mean that
the complainant has withdrawn the grievance, or has accepted the last
response given in the grievance procedure as the City's last response.
C.
The City
shall, upon being informed of that individual's desire to file a formal
grievance, instruct the individual how to receive a copy of this procedure
and the grievance form.
[CC 1991 §2-263; Ord. No. 917 §1, 8-18-1992]
A.
If an
individual desires to file a formal written grievance, the individual
shall promptly but no later than one hundred eighty (180) days after
the alleged discrimination, submit the grievance to the designated
coordinator in writing on the grievance form prescribed for that purpose.
The grievance form must be completed in full in order to receive proper
consideration by the designated coordinator.
B.
Upon
request, assistance shall be provided by the City to complete the
grievance form.
C.
The designated
coordinator, or his/her representative, shall investigate the grievance
and shall make reasonable efforts to resolve it. The designated coordinator
shall provide a written response to the complainant and the Mayor
within ten (10) business days after receipt of the grievance form.
[CC 1991 §2-264; Ord. No. 917 §1, 8-18-1992]
A.
If the
grievance has not been resolved at the designated coordinator level
to the satisfaction of the complainant, the complainant may submit
a copy of the grievance form and designated coordinator's response
to the Mayor for final review. The complainant shall submit these
documents to the Mayor, together with a short written statement explaining
the reason(s) for dissatisfaction with the designated coordinator's
written response, within five (5) business days after receipt of the
complainant of the designated coordinator's response.
B.
The Mayor
shall appoint a three (3) member panel to review the grievance at
the final level. One (1) member so appointed shall be designated Chairman.
C.
The complainant
shall be afforded an opportunity to appear before the panel. Complainant
shall have a right to appoint a representative to appear on his/her
behalf. The panel shall review the designated coordinator's written
response and may conduct interviews and seek such advice as it deems
appropriate.
D.
Upon
reaching a concurrence, the panel shall make recommendations in writing
to the Mayor as to the proper resolution of the grievance. All recommendations
shall include reasons for such recommendations and shall bear the
signatures of the concurring panel members. A dissenting member of
the panel may make a recommendation to the Mayor in writing and shall
also sign such recommendation.
E.
Upon
receipt of recommendations from a panel, the Mayor shall approve,
disapprove or modify the Panel recommendations, shall render a decision
thereon in writing, shall state the basis therefore, and shall cause
a copy of the decision to be served on the parties. The Mayor's decision
shall be final. If the Mayor disapproves or modifies the panel recommendations,
the Mayor shall include written reasons for such disapproval or modification.
F.
The grievance
form, the designated coordinator's response, the statement of reasons
for dissatisfaction, the recommendations of the panel and the decision
of the Mayor shall be maintained for the term and in accordance with
State and Federal record maintenance requirements.
[CC 1991 §2-265; Ord. No. 917 §1, 8-18-1992]
The City shall ensure that all stages of the procedure are readily
accessible to and usable by individuals with disabilities.
[CC 1991 §2-266; Ord. No. 917 §1, 8-18-1992]
Each grievance involves a unique set of factors which include
but are not limited to: the specific nature of the disability; the
essential eligibility requirements, the benefits to be derived, and
the nature of the service, program or activity at issue; the health
and safety of others; and, whether or not an accommodation would constitute
a fundamental alteration to the program, service or activity or undue
hardship on the City. Accordingly, termination of a grievance at any
level, whether through the granting of relief or otherwise, shall
not constitute a precedent on which any other complainants should
rely.
