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HomeMy WebLinkAboutResolution #5295 - changes to the ADA coordinator and the ADA policies and/or grievance procedures RESOLUTION NO. 5295 A RESOLUTION APPROVING CHANGES TO THE ADA COORDINATOR AND THE ADA POLICIES AND/OR GRIEVANCE PROCEDURES FOR THE CITY OF CANTON WHEREAS, the City of Canton, Illinois (the "City") is a public entity that employs more than fifty (50) employees; WHEREAS, pursuant to 18 C.F.R. 35.106, the City is required to "make available to applicants, participants, beneficiaries, and other interested persons information regarding the provisions of [Title 28, Chapter I, Part 35 ] and its applicability to the services, programs, or activities of the public entity, and make such information available to them in such manner as the head of the entity finds necessary to apprise such persons of the protections against discrimination assured them by the [Americans with Disabilities Act] and [Title 28, Chapter I, Part 35]." WHEREAS, pursuant to 18 C.F.R. 35.107, the City is required to designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under Title 28, Chapter I, Part 35 of the Code of Federal Regulations; WHEREAS, pursuant to 18 C.F.R. 35.107, the City is required to adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging any action that would be prohibited by Title 28, Chapter I,Part 35 of the Code of Federal Regulations; WHEREAS,the City previously passed Resolution No. 3937,which designated the Public Works Director as the Americans with Disabilities (ADA) Coordinator for the City and adopted certain grievance procedures for addressing complaining alleging discrimination on the basis of disability; WHEREAS,the City no longer has a position known as the "Public Works Director"; WHEREAS, the Mayor and City Council have determined that it is necessary and in the best interests of the City of Canton to designate a new ADA Coordinator and adopt modified grievance procedures to be complaint with Title 28, Chapter I, Part 35 of the Code of Federal Regulations. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON,ILLINOIS,AS FOLLOWS: 1. The Recitals set forth above, and all facts and statements contained therein, are found to be true and correct and are hereby incorporated and adopted as part of this Resolution; 2. That the City of Canton Street Superintendent is hereby designated as the ADA Coordinator for the City of Canton; 3. The City Clerk is directed to provide all necessary publications and notices regarding the posting of any information required pursuant to the Americans with Disabilities Act and Title 28, Chapter I, Part 35 of the Code of Federal Regulations. 4. The City Clerk is directed to collaborate with the City Attorney to update the City of Canton Grievance Procedure, as originally passed pursuant to Resolution No. 3937,to reflect the changes set forth in this Resolution, including the updating of any necessary contact information, and to otherwise be compliant with 18 C.F.R. 25.107; 5. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 19th day of January, 2021 upon a roll call vote as follows: AYES: Alderman Justin Nelson, Angela Lingenfelter, Jeff Fritz, Angela Hale, Craig West, Quin Mayhew, Andra Chamberlin NAYS: None ABSENT: Alderman John Lovell Ar/ROVED: 1 ,,,AA)\,1) K nt Mc6dwell, Majxor ATTE Diana 'avley-Rock, City Clerk EXHIBIT A City of Canton Grievance Procedure under The Americans with Disabilities Act This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA"). It 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 Canton. The City of Canton'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 a tape recording of the complaint, will be made available for persons 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: Ron Robinson ADA Coordinator- Street Superintendent 2 North Main Canton IL 61520 Within 15 calendar days after receipt of the complaint,ADA coordinator, Ron Robinson or[his/her]designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting ADA coordinator Ron Robinson or[his/her]designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the The City of Canton and offer options for substantive resolution of the complaint. If the response by[ADA Coordinator, Ron Robinson or[his/her]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[his/her]designee. Within 15 calendar days after receipt of the appeal, the Mayor or[his/her]designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the Mayor or[his/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 ADA Coordinator Ron Robinson or[his/her]designee, appeals to the Mayor or[his/her]designee, and responses from these two offices will be retained by the The City of Canton for at least three years.