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HomeMy WebLinkAbout94-53RESOLUTION NO. ~ 53 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH DESIGNATING A COMPLIANCE OFFICERt ESTABLISHING A POLICY AGAINST DISCRIMINATION OF INDIVIDUALS WITH A DISABILITY AND ESTABLISHING PUBLIC AND EMPLOYEE COMPLAINT PROCEDURES AS REQUIRED BY THE AMERICANS WITH DISABILITIES ACT WHEREAS, the Americans with Disabilities Act (ADA), prohibits discrimination against an individual or group of individuals on the basis of disability; and WHEREAS, the City of Ukiah is an equal opportunity employer and makes employment decisions on the basis of merit; and WHEREAS, the City of Ukiah is committed to complying with all applicable laws providing equal employment opportunities to individuals regardless of race, color, creed, sex, marital status, age, national origin, physical handicap, disability, medical condition or ancestry; and WHEREAS, Title I of the ADA prohibits discrimination against qualified individuals with disabilities in the recruiting, application, and hiring processes, as well as in the terms and conditions of employment, including promotion and training procedures; and WHEREAS, the program access requirement of Title II enables individuals with disabilities to participate in and benefit from the services, programs, or activities of public entities in all but the most unusual cases; and WHEREAS, the City of Ukiah desires to make its programs and services accessible to all citizens whenever possible by providing policies and practices that do not discriminate and by removing physical barriers, relocating the service, or providing reasonable accommodations; and WHEREAS, when the City constructs new facilities and undertakes alterations to existing facilities, it intends that they are free of architectural barriers that restrict access or use by individuals with disabilities; and WHEREAS, Titles I (Employment) and II (Public Services) of the Act require employers to designate a Compliance Officer; and WHEREAS, the Compliance Officer shall be responsible for coordinating the agency's efforts to comply with the provisions of the ADA that prohibit employment discrimination and prohibit discrimination in public services and programs; and WHEREAS, the Compliance Officer shall be responsible for investigating any complaint alleging non-compliance with any provision of public services as well as claims of job discrimination; and WHEREAS, the Compliance Officer shall keep and maintain accurate records of the City's efforts to comply with the ADA; and WHEREAS, the name, office address, and telephone number of the Compliance Officer shall be publicly posted and generally made available to interested individuals. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah hereby establishes and designates as Compliance Officer for the Americans with Disabilities Act of 1990: City Manager or his/her designee City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Telephone: (707) 463-6200 BE IT FURTHER RESOLVED that the City Council of the City of Ukiah hereby adopts the following policies and complaint procedures: I. EMPLOYMENT A. Purpose To prohibit and eliminate discrimination in employment against a qualified individual with a disability. B. Policy Discrimination on the basis of disability against an applicant or an employee who is a qualified individual with a disability, by a supervisor, management employee, or co-worker is not condoned and will not be tolerated. This policy applies to the job application process and to all terms and conditions of employment including, but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training. Ail complaints of discrimination on the basis of disability will be promptly and objectively investigated and appropriate disciplinary action up to and including termination will be instituted. Any retaliation against a person for filing a discrimination charge or making a discrimination complaint is prohibited. - 2 - Ail employees will be trained to be fully aware of the City and ADA policies and practices. C® Employee Complaint Procedures for Discrimination on the Basis of Disability An employee who believes he or she has been discriminated against on the basis of disability may make a written complaint as soon as possible after the incident to: ae complainant's immediate supervisor; or if he or she is involved in the incident to the: be complainant's department head; or if he or she is involved in the incident to the: c. Compliance officer. In order to facilitate the investigation, the complainant is encouraged to submit the complaint within thirty (30) days of the alleged incident(s). Where reasonable circumstances prevent the filing of the complaint within this time period, complaints received after this period may be accepted. 2. The complaint shall include: a description of the offending behavior(s) or violation(s) and the circumstances involved; b. date(s), time(s), and location(s) of incident(s); c. name(s) of alleged offender(s); and d. name(s) of witnesses, if any. Complainant's immediate supervisor or department head shall refer all complaints received to the Compliance officer. Upon receipt of a complaint, the Compliance Officer shall investigate all charges and conduct interviews with all parties involved. Upon completion of the investigation, the Compliance Officer shall prepare a written report setting forth the results of the investigation and the determination as to whether discrimination occurred. Copies of the report shall be provided to all parties involved. Se If the Compliance officer determines employee(s) unlawfully discriminated individual(s), the City will take that a City against an appropriate - 3 - 6o disciplinary action commensurate with the severity and/or frequency of the offence and pursuant to city disciplinary policies and procedures. The decision of the Compliance Officer will be final for the City. Reasonable steps shall be taken to protect the victim and other potential victims from further discrimination and to protect the victim from retaliation as a result of communicating the complaint. II. PUBLIC SERVICES A. Purpose To eliminate and resolve as promptly as possible any discrimination or exclusion from city services of people who are disabled. B. Policy The City will not unlawfully discriminate against an individual or group of individuals on the basis of disability in providing and administrating services, programs, or activities. All eligibility standards, rules, or requirements that unnecessarily screen out individuals with disabilities will be eliminated. Physical barriers which bar or impede access to City programs, activities, or services will be identified and steps to eliminate the situation will be taken to ensure programs are accessible when viewed in their entirety. The City will review its policies and practices to ensure means of communication are effective with applicants, participants, and members of the public. All employees will be trained to be familiar with the agency's policies and practices for the full participation in an interactive setting of individuals with disabilities. CJ Complaint Procedure for Complaints of Discrimination on the Basis of Disability An individual who believes that he or she or a specific class of individuals has been subjected to discrimination on the basis of disability by the City may, by himself or herself or by an authorized representative, file a complaint under this procedure. In order to facilitate the investigation, the complainant is encouraged to submit the complaint within 30 days of the alleged incident(s). Where reasonable circumstances prevent the filing of the complaint within this time - 4 - period, complaints received after this time period may be accepted. A complainant may file a complaint on the City of Ukiah Complaint Form. If a complainant chooses not to use the form, the complaint may be filed in writing or verbally and must include the following information: The complainant's name, address, and telephone number. If a representative is filing the complaint on the complainant's behalf, the name, address, and telephone number of the complainant's representative must also be included. A description of the offending behavior(s), action(s), or violation(s). The date(s), time(s), and location(s) of the incident(s). If the incident(s) involved a city employee, his or her name should be included, if known by the complainant. e. The name(s) of witnesses, if any. fo If the complaint is being filed on behalf of a group of people or on behalf of a third person, all of the alleged victims of discrimination should be described or identified by name, if possible. g. The remedy desired. The signature of the victim of the alleged discrimination or the signature of his/her authorized representative. The complaint may be filed with the head of the City department involved in the alleged discrimination if known to the complainant. Complaints may also be filed with the City's designated ADA compliance officer. Complaints may be mailed or delivered in person. Verbal complaints shall be filed with the compliance officer. The compliance officer shall be responsible for providing any necessary assistance to those persons filing complaints. Ail complaints received by department heads shall be referred to the compliance officer for investigation. Upon completion of the investigation, the compliance officer will prepare a written report which will include the results of the investigation; a determination as to - 5 ~ whether discrimination occurred; and if discrimination occurred, the remedy which will be provided by the city. Copies of the report shall be provided to all parties involved. If the compliance officer determines that a City employee(s) unlawfully discriminated against an individual(s), the City will take appropriate disciplinary action commensurate with the severity and/or frequency of the offence and pursuant to City disciplinary polices and procedures. The decision of the Compliance Officer will be final for the City. Reasonable steps shall be taken to protect the victim and other potential victims from further discrimination and to protect the victim from retaliation as a result of communicating the complaint. PASSED AND ADOPTED this 1st by the following roll call vote: day of June , 1994, AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter NOES: None ABSTAIN: None cITY ,ERK Cathy ~cKay 3:PER%~DA.R~S Fred Schneiter - 6 -