ARTICLE 3-2
Americans with Disabilities Act Accommodation and Grievance Procedures
Section
3-2-1 Purpose
3-2-2 Definitions
3-2-3 Request for accommodation
3-2-4 Complaint procedure
3-2-5 Request for reconsideration
3-2-1 PURPOSE.
These Accommodation and Grievance Procedures are established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA"). These procedures may be used by anyone who wishes to request an accommodation or file a complaint alleging discrimination on the basis of disability in relation to services, facilities, programs, or benefits by the city. The city’s Personnel Rules and Regulations and Operating Policies and Procedures govern employment related accommodation requests and complaints of disability discrimination.
(Ord. 08-1110, passed 4-14-2008)
3-2-2 DEFINITIONS.
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISABILITY.
(1) A physical or mental impairment that substantially limits one or more of the major life activities of such individual;
(2) A record of such impairment; or
(3) Being regarded as having such an impairment. (See 42 U.S.C. § 12101 Sec. 3(2)(A)(B)(C))
(4) Major life activities include such things as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. (See 28 C.F.R. § 36.104)
QUALIFIED INDIVIDUAL WITH A DISABILITY. An individual 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 a public entity. (See 42 U.S.C. § 12131(2))
(Ord. 08-1110, passed 4-14-2008)
3-2-3 REQUEST FOR ACCOMMODATION.
(A) Requests for accommodation may be made by any qualified individual with a disability or his or her designee. A person whose written request for accommodation is made by a designee shall be expected to participate in any investigation pursuant to this procedure where it is not unreasonable for participation to be required.
(B) Requests shall be made to the ADA Coordinator in writing. Alternative means of making requests, such as verbal or tape recorded requests, will be made available upon request.
(C) The ADA Coordinator shall review all accommodation requests, gather necessary information from the applicant, involved departments/divisions and other applicable parties, and render a decision, in writing, on the request within 15 days from the date of receipt. If necessary, the ADA Coordinator may request an extension of time to respond to a request for accommodation.
(D) When possible, requests for accommodation should be made within 10 days of the time the applicant first becomes aware of the need for an accommodation.
(E) The use of this procedure shall not limit an applicant’s ability to file a complaint against the city through an appropriate state or federal agency. The use of this procedure is not a prerequisite to filing a complaint through an appropriate state or federal agency.
(Ord. 08-1110, passed 4-14-2008)
3-2-4 COMPLAINT PROCEDURE.
(A) Any person dissatisfied with an accommodation or denial thereof, or claiming to be aggrieved by a discriminatory practice, program, or facility prohibited by the ADA may file a complaint with the ADA Coordinator.
(B) 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 alleged discrimination. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available upon request. A complaint form is available by request from the city, but use of this particular form to file a complaint is not necessary or required.
(C) The complaint shall be submitted by the grievant and/or his or her designee as soon as possible, but no later than 60 calendar days after the alleged violation to:
City of Goodyear
Attn: ADA Coordinator
190 N. Litchfield Road
Goodyear, AZ 85338
(D) The ADA Coordinator shall promptly conduct an investigation into each complaint filed with the city and shall attempt to resolve the complaint by means of conference and conciliation.
(E) Within 30 calendar days of the receipt of the complaint, the ADA Coordinator or his or her designee will respond in writing, and where appropriate, in a format accessible to the complainant. The response shall explain the findings of the investigation and notify the complainant what actions will or will not be taken as a result. (See 28 C.F.R. § 35.104)
(Ord. 08-1110, passed 4-14-2008)
3-2-5 REQUEST FOR RECONSIDERATION.
(A) The complainant or his or her designee may appeal the decision of the ADA Coordinator to the City Manager or his or her designee within 15 calendar days after the receipt of the response.
(B) A complete copy of the file for the complaint shall be provided to the City Manager.
(C) The City Manager shall reconsider the matter after reviewing the record and may discuss the matter with the ADA Coordinator, staff and/or the complainant. The City Manager may affirm or reverse the decision of the ADA Coordinator, or reach a compromise between the positions of the parties.
(D) Within 30 calendar days after receipt of the appeal, the City Manager or his or her designee will respond in writing, and where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. The decision of the City Manager is final.
(E) All written complaints received by the ADA Coordinator, appeals to the City Manager, and responses from these two offices will be retained by city for at least three years.
(Ord. 08-1110, passed 4-14-2008)