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HomeMy WebLinkAbout04-425 Grievance Procedure RESOLUTION NO. 04- 4-~f) BY: Ke /1A- Ih ~ cf.- A RESOLUTION OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; PROVIDING FOR THE ADOPTION OF THE GRIEVANCE PROCEDURE FOR THE CITY OF MERIDIAN IN CONNI~CTION WITH SECTION 504 OFTHE REHABILITATION ACT OF 1973 AND THE AMERICANS WITH DISABI LlTlES ACT OF 1990. W}-IEREAS, the Mayor and Council have the authority [pursuant to r.c. * 50-302] to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and wcl Care 0 I' the corporat ion ,1Ilel its trade, cOlllmerce and i nel ustry; and \VIIEREAS, the f'vlayor ane! Council have deemed it expedient and ill thc best interests of the City of Meridian to adopt the Grievance Procedure flJr the City of rvkridi,lll. WHEREAS, the following grievance procedure is established to meet the requircments oCSection 504 of the Rehabilitation Act as amended and the Americans With Disabilities Act of 1990 (ADA). BE IT RESOLVED BY THE MA YOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: I, According to these laws, the City of Meridian, as a recipient of an 1c18ho Community Devclopmcnt Block Grant ([CDBG) funds, certifies that all citizens shall have the right to submit a grievance 011 the basis of disability in policies or practices regarding employment, services, acti vities, IlK i I i tics, or benefits provided by the Ci ty. 2. When Illing a grievance, citizens must provide detailed information to allo\-v an investigatioll. including the elate, location and description or the problem. The grievance shoulel be in writing and should include the name, address, telephone number of the complainant. Upon request, alternative means of Illing complaints, such as personal interviews or a tape recording. will be made avai lable f(Jr individuals \vith disabilities upon requcst. The eompbint should be submitted by the complainant or his/her designee as soon as possible, but no bter tklll M) days after the alleged violation. Complaints must be signed and sent to: Name/Title of Coordinator: William G. Berg, Jr., City Clerk Address: 33 E. Idaho Avenue, Meridian ID 83642 Telephone Number (208) 888-4433 Grievance Procedure Page 1 of3 3. Within 15 calendar days after receiving the complaint, vVilliam G. Berg, Jr., City Clerk, will meet with the complainant to discuss the complaint and possible resolution. Within 15 calendar days after the meeting William G. Berg, Jr., City Clerk, will respond in writing. Where appropriate, the response shall be in a format accessible to the complainant (such as large print or audio tape). The response will explain the position of the City and offer options for resolving the complaint. 4. If the response by William G. Berg, Jr., City Clerk, cloes not satisfactorily resolve the issLle. the complainant or his. designee may appcallhe decision of the ADA coordinator. Appeals ll1ust be 111 ade \\ I th i n I 5 ea lcndar da ys a t'ter receipt 0 r the response. Appeals 111 ust be d i recled to the City Councilor their designee. 5. Within IS calendar days afier receiving the appeal, the City Councilor their designcc will meet with the complainant to cJiscuss the complaint and to discuss possible resolutions. Within 15 calendar days after the meeting, the City Councilor their designee will provide a response in writing. Where appropriate, the response shall be in a format accessible to thc com p lai nant. The respo nse shall be accompanied by a fina I reso I ution 0 [' the com p I a i nt. The 504/ ADA Coordinator shall maintain the files and records of the City pertaining to the complaints filed far a period of three years after the grant is closed out. 6, For other Complaint Procedures, all individuals have a right to a prompt and equitable resolution. Individuals or classes of individuals who believe they have been subjected to discrimination based on disability have several ways to file a grievance. · use the grievance procedure provided by the City · file a complaint with any agency that provides funding to the City · 1I1 c \V i thane 0 C the ei ght Cecleral agenc i es designated in the Tit I c I I regulations 7. Under Title II, filing a grievance with the City's ADA Coordinator, tiling a complaint with ,1 federal agency, or filing a lawsuit may be done independently of' the others. Individuals arc not req ui red to fi I e ei ther a grievance or complaint to bri ng a la wsu i t. Lawsu i ts m,1Y be Ii led at all y time. The CoIl owi ng are fou I' 0 [' the eight agencies \vherc a Ti tl e J [ com pi i ant can be ri led. Department 0 C Justice Civil Rights Division Public Access Section P.O. Box 66738 Washington, DC 20035-9998 Department of Housing & Urball Development Community Planning and Development 451 7th Street Washington, DC 20410-4000 Gnevance Procedure Page 2 oC3 Archi tectuml & Transportation Barri ers Compl iance Boarel (ATBCB) 1331 F Street NW, Suite 1000 Washington, DC 20004-1111 Equal Employment Opportunity Commission (EEOC) 1801 LStreetNW Washington, DC 20507 NO\V, THEREFORE, BE IT RESOLVED BY THE !VIA YOR AND CITY COUNCIL as follows: I. EFFECTIVE DATE. This Resolution shall be 111 full force and clTect immediately upon passage. Pf\SSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ----&flr0-~_9___-_---, 1004. /7::- clay or "' .fJ,. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 17.- day 01' ;::b6rut/./LfJ ,2004. / --_.~- ATTEST: 1\\\\11111 III ,1\ ,- ~ 'r::: III ...,\", -{ Q. h/i__A:h) 11111 ", -;:. .<'./&1 A /", ! (j o\,,\POPvj 1'; <"$" ~ ,~ _,0 $'/\ ... ::: '} v S. ~ ~ - SEAL - \ViIliam G. Berg, .II'.. Cit 'Icrk "Y'c: r!l ~ Section 504 Designated Employee ~.""" Qv "c, 0 $ -:.;-. i,.) &r .C'\ . ^.::- , c~ J-' ~.::- ....,f ......., ^~- "- //,.,.... ,\v ....' A,/. '~(!1 Ii j-<"'f \,..... -IT} -~"~,\~ 1,,\\\' ", "-;;d\\' / \\"'r~ i\1i\kndialli'vkndl;il1 15.1blli\I.I{,~"ltll"l]\~ Clly llali201J.j\GR1EV ANl"E 1'1{OCED ami NONDIS(l{11vllNAT!ON I{" 02 12 (J.jd,'C Grievance Procedure Page 3 of3