HomeMy WebLinkAbout07052001 BSC Agenda Item 5 • •
ADA Grievance Procedure/ 1
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DRAFT
ADA Grievance Procedure
Purpose
The purpose of this procedure is to secure, in the easiest and most efficient manner, resolution of
grievances. For the purpose of this organization, a grievance shall be defined as a complaint
regarding access or alleged discrimination.
Scope
This procedure shall be available to all individuals using the services and facilities of the City,
applicants for employment with the City, and all employees of the City.
Procedure
STEP 1:
All grievances are to be submitted in writing to the ADA Coordinator. The grievant shall set
forth in the body of the grievance the nature of the complaint, the facts upon which it is based,
the specific nature of the perceived barrier to access or alleged discrimination, and the relief
requested. No grievance shall be accepted which has been submitted: 1) more than one hundred
and eighty (180) days after the occurrence of the event giving rise to the grievance; or 2) within
one hundred and eighty(180) days after the grievant, through the use of reasonable diligence,
should have had knowledge of the event.
Within ten (10) calendar days of receiving the written grievance, the ADA Coordinator will meet
with the grievant and attempt to resolve the grievance. The ADA Coordinator will provide a
written response to the grievant within ten (10) calendar days of the meeting. If the ADA
Coordinator's response does not resolve the grievance to the satisfaction of the grievant, he or
she may proceed to Step 2 by giving written notice no more than ten(10) calendar d ys after the
ADA Coordinator's response is received or due. Or G�c�-z C.. I er
STEP 2:
All written requests of appeal will be considered by the Building and Standards Commission.
Consultation will be sought from an expert in the specific disability area related to the complaint
in question. Following the Commission's review of the written appeal, a hearing will take place
in which the grievant may present the specifics of the grievance and the desired relief. Notice of
the •ublic hearin: will be riven and the proceedings of the hearing shall be open to the public.
CSKIgr' 6 The Commission shall issue a written decision within ,grty-five (45) calendar days of being •
,8 notified of the appeal. All Commission proceedings shall be recorded, transcripted, and
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maintained. If the complaint still had not been resolved to the satisfaction of the gnevan , e or
she may proceed to Step 3 by giving written notice no more than ten (10) calendar days after the
Building and Standards Commission's written decision is received or due.
STEP 3:
Step 3 appeals will be considered by the City Council in a public hearing. A determination must
be made within thirty(30) calendar days of the public hearing. All determinations of the City
Council shall be final.
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ADA Grievance Procedure /2
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Records
Record of proceedings and action taken on each request or complaint must be maintained for
each level of the grievance process.
Reprisal
Reprisal against any grievant or witness is prohibited. No individual's right to prompt and
equitable resolution of a complaint shall be impaired by his/her pursuit of other remedies, such as
the filing of a complaint with the U.S. Department of Justice or any other appropriate federal
agency. Furthermore, the filing of a lawsuit in state or federal district court can occur at any time.
Source: City of Mankato/misc.
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