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Home My WebLink AboutResolution #3937 - designating an american with disabilities act coordinator and adopting a grievance procedureRESOLUTION NO. A RESOLUTION DESIGNATING AN AMERICAN WITH DISABILITIES ACT (ADA) COORDINATOR AND ADOPTING A GRIEVANCE PROCEDURE FOR THE CITY OF CANTON, ILLINOIS Whereas, the City of Canton, Illinois, is a municipal corporation and is governed by certain federal and state laws regarding public access and disability discrimination; and Whereas; in compliance with 65 ILCS 5/1-1-11 and 28 C.F.R. paa~t 35, sections 35.106 and 35.107 the City of Canton shall name a coordinator under the Americans with Disabilities Act (ADA) and adopt and publish a grievance procedure for resolving complaints alleging violation of Title II of the ADA. NOW, THEREFORE,, BE I'T RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS: l . The :Public Works Director is designated as the ADA Coordinator for th.e City. 2. The City of Canton Grievance Procedure under the America~is with Disabilities Act, a copy of which is attached hereto, is adopted as the grievance procedure for addressing complaints alleging discrimination on the basis of disability in the provision of services, activities, programs or benefits by the City of Caarton. 3. Incompliance with Federal anal State laws as set forth above, the City Council resolves to post the required infi~rmation regarding the ADA coordinator and City of Canton Grievance Procedure wider the Americans with Disabilities Act on its website and. at such other locations as may be determined from time to time. 4. "Chis Resolution shall become effective immediately upon adoption.. PASSED by the City Council of the City of Canton, Illinois this 21st day of September, 2010. AYES: Alderman West, Alderman Sarff, Alderman Reed,Alderman Schenck, Alderman Ellis, Alderman Pickel, Alderman Rivero, Alderman Hartford NAYS: None ABSENT: None ATT Diana ucker, City Clerk APPROVED: Kevin R. Meade, Mayor NOTICE OF THE CITY OF CANTON' S ADA GRIEVANCE POLICY: The City of Canton has a procedure for processing complaints of alleged violations of Title II of the American with Disabilities Act. Title II states, in part, that "no otherwise qualified disabled individual shall, solely, by reason of such disability, be excluded from participation in, be denied the benefits of or be subjected to discrimination" in programs or activities sponsored by the City. Complaints can be addressed to the City's ADA coordinator: Mr. Clif O'Brien, Public Works Director 2 North Main Street Canton, Illinois 61520 Phone: (309) 647-5022 Fax: (309) 647-1288 *Attach/Insert the Policy *Attach/Insert the Grievance Form City of Canton The Americans with Disabilities Act (ADA) Accessibility Grievance Policy PURPOSE The City of Canton is committed to ensuring that people with disabilities are able to participate in and benefit from the public programs, services and activities offered by the City. The City continues to modify its facilities, programs, policies and practices, as necessary, to ensure such access is provided. When any person believes that a City service, program or activity discriminates against him/her, or against any other person because of a disability, the discriminatory act should be reported using the procedures outlined in this policy, so that an equitable resolution may be reached. II. PROCEDURE a. WHO MAY FILE A GRIEVANCE? Any person may file an ADA grievance if he/she believes that: 1. The City is not in compliance with the physical access requirements of the ADA related to its public facilities, land, or rights-of--way; or 2. You or a specific class of individuals have been denied access to participate in a City program, services, or activities on the basis of disability; or 3. You or a specific class of individuals have otherwise been subjected of discrimination on the basis of disability by the City of Canton; or 4. The City has otherwise violated the ADA. b. WHAT IS THE DEADLINE FOR FILING A GRIEVANCE? The complaint should be submitted as soon as possible but no later than 30 calendar days after the alleged violation. If reasonable circumstances prevent you from filing your grievance within that time period, the City may accept your grievance later than 30 days after the alleged incident(s). Adopted: DATE Page 1 WHAT INFORMATION SHOULD THE GRIEVANCE INCLUDE? You may submit your grievance on the attached form. If you choose not to use the form, the grievance 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. d. WHAT IF I NEED SPECIAL ASSISTANCE TO FILE MY GRIEVANCE In compliance with the ADA, if you need special assistance to submit an ADA Grievance, please contact the Department of Public Works at 309-647-5022. e. WHERE IS THE GRIEVANCE FILED? You may file your grievance with the City's designated ADA Compliance Officer in person, by mail or by fax. Mr. Clif O'Brien, Public Works Director ADA Coordinator 2 North Main Street Canton, Illinois 61520 Phone: (309) 647-5022 Fax: (309) 647-1288 If you believe the ADA Compliance Officer is involved in alleged discrimination, you should submit your grievance to the City Attorney. £ WHAT HAPPENS AFTER THE GRIEVANCE IS FILED? Within 15 calendar days after receipt of the complaint, the ADA Coordinator or his designee will (1) confirm that the complaint has been received and (2) begin an investigation of the complaint. The investigation may include, but may not be limited to interviews with the complainant and any other person(s) he believes has relevant knowledge concerning the grievance. Any written evidence submitted by the complainant will be considered. After completing the investigation, the ADA Coordinator will issue a written response. g. WHEN WILL A RESPONSE BE ISSUED? Absent extenuating circumstances, all grievances will be investigated, and a response issued, within 30 days of receipt of the grievance. The response will be 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 City of Canton and offer options for substantive resolution of the complaint. Adopted: DATE Page 2 h. WILL A CITY OFFICER OR EMPLOYEE RETALIATE AGAINST ME IF I COMPLAIN The City will not retaliate against you for filing a grievance and does not permit retaliation by its officers or employees. Please notify the ADA coordinator if you are subjected to any retaliation by a City officer or employee. i. WHAT CAN I DO IF I AM NOT SATISIFIED WITH THE RESULT? If the response by the ADA Coordinator or his designee does not satisfactorily resolve the issue, you may appeal the decision within 15 calendar days after receipt of the response to the Mayor. Within 15 calendar days after receipt of the appeal, the Mayor or his designee will meet with you to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the Mayor or his designee will respond in writing, and, where appropriate, in a format accessible to you, with a final resolution of the complaint. j. HOW LONG ARE GRIEVANCES KEPT ON FILE All written complaints received by t:ie ADA Coordinator, appeals to the Mayor or his designee, and responses from these two offices will be retained by the City of Canton for at least three years III. IS MY COMPLAINT CONFIDENTIAL? The Freedom of Information Act (FOIA) provides the public the right to access government documents and records (5 ILCS 140/1 et. seq.). The law provides that a person can ask a public body for a copy of its public records on a specific subject and the public body must provide those public records unless an exemption exists that allows withholding the document. Most written communications to or from the City of Canton are public records available to the public and media upon request. Therefore, any complaints filed under the ADA may constitute a public record and be subject to public disclosure. IV. WHO IS THE ADA COORDINATOR? The ADA Coordinator is designated by the City Council. As of DATE, the City Council has designated Public Works Director, Clif O'Brien, as the ADA Coordinator. V. DOES THIS POLICY AFFECT MY OTHER REMEDIES Your right to a prompt and equitable resolution of the grievance and complaint will not be affected by your pursuit of other remedies, such as the filing of a grievance or complaint with the Department of Justice or other appropriate federal agency, or the filing of a suit in state or federal court. Adopted: DATE Page 3