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11-811 Update to Section 504 Rehabilitation Act for ADACITY OF MERIDIAN RESOLUTION NO. II ` ~ ` I BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE CITY OF MERIDIAN SETTING FORTH CERTAIN FINDINGS AND PURPOSES; PROVIDING FOR THE UPDATE OF THE GRIEVANCE PROCEDURE FOR THE CITY OF MERIDIAN IN CONNECTION WITH SECTION 504 OF THE REHABILITATION ACT AND THE AMERICANS WITH DISABILITIES ACT. WHEREAS, the Mayor and City Council have the authority [pursuant to I.C. § 50-302] to establish resolutions not inconsistent with the laws of the state of Idaho as maybe expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade commerce and industry; and WHEREAS, the Mayor and City Council have deemed it expedient and in the best interests of the City of Meridian to update its Grievance Procedure under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. WHEREAS, the Grievance Procedure is established to meet the requirements of Section 504 of the Rehabilitation Act and the Americans with Disabilities (ADA). NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City of Meridian Grievance Procedure under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act be approved and adopted, a copy of which is attached to this Resolution as Exhibit "A" and incorporated herein by this reference. Section 2.. That the City of Meridian Notice Procedure under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act be approved and adopted, a copy of which is attached to this Resolution as Exhibit "B" and incorporated herein by this reference. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. n Idaho this ~ da of October 2011. ADOPTED b the Ci Council of Ci of Meridia , ~ y , Y tY tY .. APPROVED by the Mayor of the City of Meridian, Idaho, this day of October, 2011. APPROVED: ATTEST: rv - JAYCE . HOLMAN, CITY V ~~~ ~~ RESOLUTION UPDATING AND ADOPTING T 504 OF THE REHABILITATION ACT -1 OF 1 ~4prtBD A~~tt G~~ X11 ~ ~°o City of II7~AN~ tr 1QAN0 w SFA-L .. ~y~ VANCE PROCEDURE UNDER THE ADA AND SECTION EXHIBIT "A" This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA") and Section 504 of the Rehabilitation Act. These statutes prohibit discrimination by any program or activity that receives federal funds or is a public entity, Discrimination includes exclusion from participation, denial of program benefits or other acts of discrimination against a person with a disability. This grievance 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 IVleridian. The City's Personnel Policy 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 an audio recording of the complaint will be made available for peI•sons 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: Bill Nary ADA/504 Coordinator 33 East Broadway Avenue,lVleridian ID X3642 Within 15 calendar days after receipt of the complaint, the ADA Coordinator or his designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the ADA Coordinator or his designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio recording. The response will explain the position of the City of Meridian and offer options for substantive resolution of the complaint. It is unlawful for the City of Meridian to retaliate against anyone who files a grievance or who cooperates in the investigation of the grievance. If the response by the ADA Coordinator or his designee 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 Mayor or her designee. GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT AND SECTION 504 OF THE REHABILITATION ACT - PAGE 1 of 2 Within 15 calendar days after receipt of the appeal, the Mayor or her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the Mayor or 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 or his designee, appeals to the Mayor or her designee, and responses from these two offices will be retained by the City for at least three years. The availability and use of this grievance procedure is not a prerequisite to, nor does it impair, the filing a complaint of discrimination with any appropriate federal or state agency. The time allowed for filing a complaint with another agency may be longer than allowed under the City's grievance procedure. GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT AND SECTION 504 OF THE REHABILITATION ACT - PAGE 2 of 2 CITY F E Al~T, A l~ TCE IJl~T E T E A E CA S WIT A II~IE ACT AI~I) ECTI l~ 0 F T A I~TATI~T ACT In accordance with the requirements of title II of the Americans with Disabilities Act of 1990 ("ADA") and Section 504 of the Rehabilitation Act, the City of Meridian will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. Employment: The City of Meridian 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 of Meridian will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in Meridian's programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of malting information and communications accessible to people who have speech, hearing, or vision impairments. Modificatious to Policies and Pt~ocedufes: The City of Meridian 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 program, service, or activity of the City of Meridian, should contact the office of the City Clerk or ADA/504 Coordinator Bill Nary as soon as possible but no later than 48 hours before the scheduled event. The ADA and Section 504 do not require the City of Meridian to tape any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. Complaints that a program, service, or activity of the City of Meridian is not accessible to persons with disabilities or otherwise subjects a person to discrimination based upon disability should be directed to Bill Nary, ADA/504 Coordinator. The City of Meridian 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.