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04-425 Grievance Procedure RESOLUTION NO. 04- 4-z5"" BY: !:elf-A- If¡"'y tL- 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 CONNECTION WITH SECTION 504 OF THE REHABILITATION ACT OF 1973 AND THE AMERICANS WITH DISABILITIES ACT OF ]990. WHEREAS, the Mayor and Council have the authority [pursuant to I.c. § 50-302] to establish resolutions not inconsistent with the laws of the state ofIdaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good govetllment and wellàre of thc corporation and its trade, commerce and industry; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to adopt the Grievance Procedure for tile City of Meridian. WHEREAS, the following grievance procedure is established to meet the requirements of Section 504 of the Rehabilitation Act as amended and the Americans With Disabilities Act of 1990 (ADA). BE IT RESOL VED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN. IDAHO: I. According to these laws, the City of Meridian, as a recipient of an Idaho Community Development Block Grant (ICDBG) funds, certifies that all citizens shall have the right to submit a grievance on the basis of disability in policies or practices regarding employment, services, activities, facilities, or benefits provided by the City. 2. When filing a grievance, citizens must provide detailed information to allow an investigation, including the date, location and description of the problem. The grievance should bein wilting and should include the name, address, telephone number of the complainant. Upon request, altetllative means of filing complaints, such as personal interviews or a tape recording. will be made available Cor individuals with disabilities upon request. The compliJint should be submitted by the complainant or his/her designee as soon as possible, but no later than 60 days aner 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 ill 83642 Telephone Number (208) 888-4433 Gnevance Procedure Page 1 of3 3. Within 15 calendar days after receiving the complaint, William G. Berg, .Jr.. City Clerk, will meet with the complainant to discuss the complaint and possible resolution. Within 15 calendar days after t he meeting William G. Berg, Jr ., City C Jerk, wi II respond i n w ri ling. Where appropriate, the response shall be in a format accessible to the complainant (SL1Ch 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, does not satisfactorily resolve the issue, the complainant or his designee may appeal the decision of the ADA coordinator. Appeals must be made within 15 calendar days after receipt of the response. Appeals must be directed to the City Councilor their designee. 5. Within 15 calendar days after receiving the appeal, the City Councilor their designee will meet with the complainant to discuss 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 the complainant. The response shall be accompanied by a final resolution of the complaint. The 504/ADA Coordinator shall maintain the files and records of the City pertaining to the complaints filed for 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 file with one of the eight federal agencies designated in the Title II regulations 7. Under Title II, filing a grievance with the City's ADA Coordinator, filing a complaint with a federal agency, or filing a lawsuit may be done independently of the others. Individuals are not required to file either a grievance or complaint to bring a lawsuit. Lawsuits may be tiled at any time. The following are four of the eight agencies where a Title II comp1iant can be filed. Department of Justice Civil Rights Division Public Access Section P.O. Box 66738 Washington, DC 20035-9998 Department of Housing & Urban Development Community Planning and Development 451 7th Street Washington, DC 20410-4000 Grievance Procedure Page 2 of 3 Architectural & Transportation Barriers Compliance Board (A TBCB) 1331 F Street NW, Suite 1000 Washington, DC 20004-1111 Equal Employment Opportunity Commission (EEOC) 1801 L Street NW Washington, DC 20507 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: I. EFFECTIVE DATE. immediately upon passage. This Resolution shall be in full force and effect PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this (7::" davof F.e6rt1.P./I.-:J ___,2004. - . APPROVED BY THE MAYOR OF THE CITY OF MERlDIAN, IDAHO, this! 7 ~ clavof ;:ø6r-uW/.-'j ,2004. / ----- . ATTEST: Grievance Procedure Page 3 of 3 CERTIFICATE OF CLERK OF THE CITY OF MERIDlA:--¡ I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State ofIdaho, with its principal offíce at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the.-.L.2.!:t day of h6ru.a~, 2004, the following action has been taken and authorized: A RESOLUTION OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES: PROVIDING FOR THE ADOPTION OF THE GRIEVAC'lCE PROCEDURE FOR THE CITY OF MERIDIAN IN COl'íNECTION WITH SECTION 504 OF THE REHABILITATION ACT OF 1973 AND THE AMERICANS WITH DISABILITIES ACT OF 1990. WHEREAS, the Mayor and Council have the authority [pursuant to Ie. ~ 50-302] to establish resolutions not inconsistent with the laws of the state ofTdaho as may be 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 Council have deemed it expedient and in the best interests of the City of Meridian to adopt the Grievance Procedure for the City of Meridian. WHEREAS, the following grievance procedure is established to meet the requirements of Section 504 of the Rehabilitation Act as amended and the Americans With Disabilities Act of 1990 (ADA). BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: 1. According to these laws, the City of Meridian, as a recipient of an Idaho Community Development Block Grant (lCDBG) funds, certifies that all citizens shal1 have the right to submit a grievance on the basis of disability in policies or practices regarding employment, services, activities. facilities, or benefits provided by the City. 2 When filing a grievance, citizens must provide detailed information to allow an CERTIFICATE OF CLERK OF THE CITY OF MERIDIA:< Page I of3 investigation, including the date, location and description ofthe problem. The grievance should be in writing and should include the name, address, telephone number of the complainant. Upon request, alternative means offiling complaints, such as personal interviews or a tape recording, will bc made available for individuals with disabilities upon request. The complaint should bc submitted by the complainant or his/her designee as soon as possible, but no later than 60 days a1ìerthe alleged violation. Complaints must be signed and sent to: Name/Title of Coordinator: William G. Berg, .lr., City Clerk Address: 33 E. Idaho Avenue, Meridian 1D 83642 Telephone Number (208) 888-4433 3. Within IS calendar days after receiving the complaint. William G. Berg, .Ir., 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, does not satisfactorily resolve the issue, the complainant or his designee may appeal the decision of the ADA coordinator. Appeals must be made within 15 calendar days after receipt ofthe response. Appeals mLlst be directed to tbe City Councilor their designee. 5. Within 15 calendar days afterreceiving the appeal, the City Council or their designee will meet with the complainant to discuss the complaint and to discuss possible resolutions. Within 15 calendar days after tl1e meeting, the City Councilor their designee will provide a response in writing. Where appropriate. the response shall be in a fo1111at accessible to the complainant. The response shall be accompanied by a final resolution of the complaint. The 504/ADA Coordinator shall maintain the files and records of the City pertaining to the complaints tiled for a period of three years atìer 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 me with one of the eight federal agencies designated in the Title II regulations 7. Under Title II, filing a grievance with the City's ADA Coordinator, filing a complaint with a federal agency, or filing a lawsuit may be done independently of the others. Individuals are not required to me either a grievance or complaint to bring a lawsuit. Lawsuits maybe filed at anytime. The following are four of the eight agencies where a Title II compliant can be filed. CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN Page 2 on Department of Justice Civil Rights Division Public Access Section P.O. Box 66738 Washington, DC 20035-9998 RECEIVED FEB 1 3 ZOO4 City OfMerl.dian City Clerk Office Department of Housing & Urban Development Community Planning and Development 451 7th Street Washington, DC 20410-4000 iiíi Architectural & Transportation Barriers Compliance Board (ATBCB) 1331 F Street NW, Suite 1000 Washington, DC 20004-1111 Equal Employment Oppmtunity Commission (EEOC) 1801 LStreetNW Washington, DC 20507 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. ss upon passage. ST A TE OF IDAHO, ) County of Ada, On this --1.T dayot' ebnuv , in the year 2004, before me, a Notary Ptlblic, appeared WIUJNv1 G. BERG, JR.. known or entilied to me to be the City Clerk of the City of Meridian, idaho. that executed the said instrument, and acknowledged to me that he executed the same on behalf ~t"~ït;:ity~f1..eridian. ..,~\'C .)4" ~ .l'...'" "".-. "': <j,~:'~ (SEAL) l /' OTA "',ø \, .' f * i ~ -.-/i}- i . Ë N arYt ublic for Idaho / / ¡~.IJ ¡":: om issionExpires: 04/;¿0/07 Z:\WOd'\M\Meri:;"~\'d"ÞtB3t¡)\&:;lotjO~ City Hal1\2004\ -je nee Proced",e Ce,", Clk 02 12 04.dol: ( " :.;. '.. he I "'" 1';".." ..~o ~.~ --',.," OF 1»r;.~'~ CERTIFICATE OF'~rrot"ÒF THE CITY OF MERIDIAN Page 3 of 3