HomeMy WebLinkAboutReso 029-93 ADA ComplaintProcedRESOLUTION NO. 29 - 93
A RESOLUTION OF THE CITY COUNCIL
ADOPTING A COMPLAINT PROCEDURE RELATING
TO THE AMERICANS WITH DISABILITIES ACT
WHEREAS, the federal government enacted the Americans with Disabilities Act of 1990 (ADA)
to prevent discrimination of the physically and mentally disabled relating employment and access to
public facilities; and
WHEREAS, discrimination on the basis of a disability against an applicant or an employee
who is a qualified individual with a disability by a supervisor, management employee or co-worker is
prohibited; and
WHEREAS, the City must create a complaint procedure; and
WHEREAS, the complaint procedure is designed to mitigate problems encountered by a
Qualified Individual with a Disability by having a mechanism to voice such problems.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
hereby adopts the Complaint procedure as required under the American with Disabilities Act of 1990
PASSED, APPROVED AND ADOPTED this 22nd day of February, 1993.
AYES:
Councilmember Houston, Howard, Moffatt, & Mayor Snyder
NOES:
Councilmember Burton
ABSENT: None
ABSTAIN: None
ATTE T:
CITY OF DUBLIN
AMERICANS WITH DISABILITIES ACT
COMPLAINT PROCEDURE
The following procedures will be utilized if an employee or member of the public wants to file a formal
complaint under the American with Disabilities Act (ADA).
The City of Dublin will provide any reasonable accommodation to a Qualified Individual with a
Disability as long as the accommodation does not cause an "undue hardship" as defined by the ADA.
Complaint Procedure
Formal Complaints and grievances received from the public against the City with regard
to the ADA or discrimination against a disabled person shall be filed with the City Clerk's
Office within 90 days of the incident
A complaint shall include;
- a description of the violation or basis for the complaint
- date, time, and location of the incident
- names of individuals involved
- names of any witnesses involved
- what remedy is desired
In the case of a late claim, a request must be submitted describing the reasons for the late
claim. The City Manager will review the request and will determine if the claim should be
accepted.
The complaint will be forwarded to the City's ADA Compliance Officer who will attempt
to mediate the complaint with the filing party. The Accommodation Review Board (ARB)
may be consulted depending on the nature of the request.
The ADA Compliance Officer and/or the Accommodation Review Board will make
recommendations to the City Manager on if the individual is indeed a Qualified Individual
with a Disability and if so, how to provide the best accommodation without causing an
undue hardship.
The City Manager will make a determination and the Complainant will be advised, in
writing, of the final disposition of the complaint.