HomeMy WebLinkAboutOrd 1690 - disabilities
Ordinance No. 1690
AN ORDINANCE RELATING TO DISABiliTIES; AMENDING THE CODE OF
ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND
CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. Chapter 2 of the Code of Ordinances of th,e City of West University
Place, Texas is hereby amended by adding a new Subchapter I (entitled uDisability
Grievances"), to read as set out in Appendix At which is attached and made a part of
this ordinance.
Section 2. This Ordinance applies from and after the Effective Date~
Section 3. All ordinances and parts of ordinances in conflict with this Ordinance
are repealed to the extent of the conflict only.
Section 4. If any word, phrase, clause~ sentence, paragraph, section or other
part of this Ordinance or the application thereof to any person or circumstance, shall
ever be held to be invalid or unconstitutional by any court of competent jurisdiction1
neither the remainder of this Ordinance, nor the application of such wordt phrase,
clause, sentence, paragraph, section or other part of this Ordinance to any other
persons or circumstances, shall be affected thereby.
Section 5. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at which
this Ordinance was discussed, considered or acted upon was given in the manner
required by the Texas Open Meetings Act~ as amended, and'that each such meeting
has been open to the public as required by law at all times during such discussion,
consideration and action. The City Council ratifies, approves and confirms such notices
and the contents and posting thereof.
Section 6. This Ordinance shall take effect immediately upon its passage and
signature by the Mayor.
PASSED AND APPROVED on ~~ Pl7
Councilrl)embers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Art ~~
y Secretary (8 I)""
Recommended: ~
City an8ger
c0108:\54oADA
ayor
\
Reviewed: ~
City Attorney
, ~/
Appendix A
Subchapter I~ Disability Grievances
Sec. 2~141. Purpose and scope
(a) In general. The purpose of this subchapter is to secure, in the easiest and ITIOst efficient
lnanner, resolution of grievances. A grievance shall be defined broadly to include any c0111plaint or
concern regarding access or alleged discrimination under the Alnericans with .Disabi.1 ities Act or sin1 j lar
state or federal laws. The procedures .in this subchapter shall be available to all individuals using the
services and facilities of the City, applicants for elnploYlnent with the City, and all elnployees of the City.
(b) Tbne to subnlit AU grievances shall be subluitted within 180 days after the later of: (i) the
occurrence giving rise to the grievance, or (ii) the day the grievant, through the llse of reasollab.le
diligence, should have known of the occurrence. For good cause shown, the ,sse lnay extend this tinle
period and any other deadlines .lnentioned .in this Subsection. Griveances, appeals and other sublnissions
may be dislnissed if they are not timely sublnitted.
(c) ADA Coordinator~ The ADA Coordinator is the Building Official, or such other person as
the City Manager may designate frorll thne to tilDe.
Sec.2.142. Step-by-step procedures
(a) Step 1: Submission to ADA Coordinator. All grievances are to be sublnitted in writing to the
ADA Coordinator and shall set forth: (i) the nature of the grievance, (ii) the facts upon which it is based;
(iii) the spec.ific nature of the perceived barrier to access or alleged discritnination~ and (iv) the relief
requested. WitlJin ten days of receiving such a grievance, the ADA Coordinator will offer to l11eet \vith
the grievant aJId attempt to resolve the grievance. The A.DA Coordinator will provide a written response
within ten days of the lneeting.
(b) Step 2: Appeal to BSe. lfthe ADA Coordinator's response does not resolve the grievance to
the satisfaction of the grievant, he or she may sublnit a written appeal. The appeal 111Ust be sublnitted to
the sse (c/o the BSC Secretary) within ten days following receipt oftbe ADA Coordinator's response.
Each such appeal will be considered in written form by the BSC at its next regular .In.eeting for which, as a
practical Inatter, there is sufficient time to include the appeal on the agenda. The 'sse lnay request advice
or data from an expert in the specific disability area related to the appeaI~ Following the BSC's
consideration of the written appeal~ the BSC will provide an Oppoltunity for a public hearing, at which the
grievant Inay present the grievance and the desired relief. Notice of the hearing will be given to the
grievant in writing and by posting notice as required by the Open Meetings Act~ The hearing shall be
open to the publicc Note: With consent of the grievant, the public hearing 111ay be held during the saIne
lneeting at which the BSC first considers the written appeal. The BSC shall issue a written decision
within 45 days of the Ineeting at which the BSC first cons iclers the wr.itten appeal.
(c) Step 3: Appeal to City Council. If the BSC's decision does not resolve the grievance to the
satisfaction of the grievant, he or she Inay sublnit a written appeal. The request :ITIlIst be sublnitted to the
City Counc.iI (c/o the City Secretary) within ten days following receipt of the BSe's decision. The
appeal shall be heard by the City COllncil in a public hearing. A decision ITI.llst be lnade within 35 days
following the public hearing. All decisions of the City Council shall be final.
Sec. 2.143~ Records
~Records of proceedings and action taken on each grievance lUllst be Inaintained for each level of
the process~ All BSC proceedings related to the grievance shall be recorded (either electronically or
stenographically), and the recording shall be maintained alTIOng the BSC records.
See.. 2.144. Reprisal prohibited.
.Reprisal aga-inst any grievant or witness is prohibited. N.o individual's right to prOlnpt and
equitable resolution of a complaint shall be impaired by his/her pursuit of other renledies, such as the
filing of a complaint with the U.S. Department of Justice or any other appropriate federal agency.
Furthennore, the filing of a lawsuit in state or federal district court can occur at any tilne~