[R.O. 1997 § 100.130; Ord. No. 2339 § 1.01, 8-3-1993]
A. 
This document establishes the grievance procedure required by 56 Fed. Reg. 35, 718 (1991) (codified at 28 CFR 35.107) pursuant to Title II of the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. § 12131 et seq.) for the purpose of resolving 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 City's designated ADA coordinator.
B. 
In general, ADA requires that each program, service and activity offered by the City of Kennett, Missouri, 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 communication with all individuals requesting readily accessible programs, services and activities. The City encourages supervisors of the programs, services and activities to respond to requests for modifications or accommodations before they become grievances.
[R.O. 1997 § 100.140; Ord. No. 2339 § 1.02, 8-3-1993]
As used in this Chapter the following terms shall have these prescribed meanings:
COMPLAINANT
A qualified individual with a disability who files a grievance on the form set out with this procedure.
DESIGNATED COORDINATOR
The person appointed by the City who is responsible for the coordination of the efforts of the City to comply with and carry out its responsibilities under Title II of ADA, including the investigation of grievances filed by complainants. The designated coordinator is and can be contacted at Fire Chief, Kennett Municipal Building, College and Cedar Streets, Kennett, Missouri 63857.
GRIEVANCE
Any complaint under ADA by an individual with a disability who:
1. 
Meets the essential eligibility requirements for participation in or receipt of the benefits of a program, service or activity offered by the City; and
2. 
Believes that 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, on the basis of a disability.
QUALIFIED INDIVIDUAL WITH A DISABILITY
A person with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the City.
[R.O. 1997 § 100.150; Ord. No. 2339 § 1.03, 8-3-1993]
A. 
The City will endeavor to respond to and resolve grievances without the need to resort to the formal grievance procedure established by this policy. A person who wishes to avail himself/herself of the formal procedure, however, may do so only by filing a grievance within one hundred eighty (180) days of the alleged discrimination in the form and manner prescribed in Section 165.040.
B. 
The City shall provide a copy of the grievance procedure and the required grievance form to anyone who requests it or expresses a desire to file a formal grievance.
[R.O. 1997 § 100.160; Ord. No. 2339 § 1.04, 8-3-1993]
A. 
The filing of a grievance is accomplished by the complainant's submission of a grievance in writing to the designated coordinator on the prescribed form.
B. 
In order to be deemed filed and to receive proper consideration by the designated coordinator, the grievance form must be completed in full except as otherwise indicated on the form. The designated coordinator will notify the complainant within ten (10) business days after the receipt of the form if the filing is not complete. The City will assist with completion of the grievance form upon request.
[R.O. 1997 § 100.170; Ord. No. 2339 § 1.05, 8-3-1993]
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 City within ten (10) business days after receipt of the properly completed grievance form.
[R.O. 1997 § 100.180; Ord. No. 2339 § 1.06, 8-3-1993]
A. 
If the grievance has not been resolved by the designated coordinator to the satisfaction of the complainant, the complainant may submit a copy of the grievance form and the 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 the complainant's receipt of the designated coordinator's response. The Mayor will extend the period for submitting the review request and supporting documents for up to ten (10) additional business days upon complainant's request.
B. 
The Mayor shall appoint a three-member panel to review the grievance. One (1) member so appointed shall be designated as the chairperson.
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 advice as it deems appropriate.
D. 
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 also make a signed, written recommendation to the Mayor.
E. 
Upon receipt of the recommendations from the panel, the Mayor shall approve, disapprove or modify the panel recommendations, shall render a decision thereon in writing, shall state the basis therefor, 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's recommendations, the Mayor shall include written reasons for such disapproval or modification.
F. 
A complainant's failure to appeal the designated coordinator's response for review by the Mayor within the specified time limits shall mean that the complainant has withdrawn the grievance or has accepted the last response given by the designated coordinator.
[R.O. 1997 § 100.190; Ord. No. 2339 § 1.07, 8-3-1993]
The City shall insure that all stages of the grievance procedure are readily accessible to and usable by individuals with disabilities.
[R.O. 1997 § 100.200; Ord. No. 2339 § 1.08, 8-3-1993]
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 for, the benefits to be derived from, 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 to 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.