AN ORDINANCE ESTABLISHING A POLICY FOR NON-DISCRIMINATION ON THE BASIS OF DISABILITY AND THE GRIEVANCE PROCEDURE.
BE IT ORDAINED BY THE BOARD OF ALDERMAN OF THE CITY OFRICH HILL,MISSOURIAS FOLLOWS:
Whereas, the Congress of the United States passed the Rehabilitation Act of 1973, which under Section 504 requires that “no otherwise qualified individual with a disability… shall, solely on the basis of his or her disability, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program, services, or activities receiving Federal assistance”;
Whereas, the City of Rich Hill has received a Community Development Block Grant from the Missouri Department of Economic Development, and is required to comply with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) in accordance with program guidelines;
SECTION 1: It is the policy of the City ofRich Hillthat all programs and activities shall be accessible to, and usable by, qualified persons with disabilities, in accordance with the requirements of Section 504 and theADA.
SECTION 2: That the City ofRich Hillshall conduct a self-evaluation, with the assistance of a citizen review committee-involving individuals with disabilities, of it programs, policies, procedures, and facilities to determine those areas where discrimination may occur.
SECTION 3: The City ofRich Hillshall, upon completion of the self-evaluation plan, make revisions, modifications, or other changes so as to fully comply with the letter and intent of the laws referenced under Section 1.
SECTION 4: Further, the City ofRich Hillshall, where building modifications are required, develop and implement a transition plan for the timely elimination of structural barriers, in accordance with the laws referenced under Section 1.
Citizens may contact the City of Rich Hill’s Equal Employment Officer, The Mayor at 120 N 7th Rich Hill, MO 64779, 417-395-2223 for assistance, or to answer questions regarding this policy between the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday.
The City of Rich Hill has adopted an internal grievance procedure providing for the prompt and equitable resolution of complaints alleging any action prohibited by the Americans With Disabilities Act (ADA) and the regulations implementing Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794).
Complaints should be addressed to the Mayor City of Rich Hill, 120 N 7th Rich Hill, Mo. 64779, 417-395-2223 firstname.lastname@example.org , who has been designated to coordinate Section 504 /ADA compliance efforts.
- A complaint should be filed in writing or verbally, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations.
- A complaint should be filed within 15 days after the complaint becomes aware of the alleged violation. (Processing allegations of discrimination that occurred before this grievance procedure will be considered on a case-by-case basis.)
- An investigation, as may be appropriate, will follow a filing of a complaint. The Mayor of the City ofRich Hillwill conduct the investigation. These rules contemplate formal but thorough investigations, affording all interested persons and their representative, if any, an opportunity to submit evidence relevant to a complaint.
- Written determination as to the validity of the complaint and a description of the resolution, if any, will be issued by the Mayor of the City ofRich Hilland a copy forwarded to the complainant no later than 30 days after its filing.
- The Section 504 /ADAcoordinator will maintain the files and records of the City ofRich Hillrelating to the complaints filed.
- The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made within 15 days to the Mayor Pro Tem of the City ofRich Hill.
- The right of a person to a prompt and equitable resolution of the filed complaint will not be impaired by the person’s pursuit of other remedies such as filing of a Section 504 orADAcomplaint with the responsible federal department or agency. Using this grievance procedure is not a prerequisite to the pursuit of other remedies.
- These rules will be construed to protect the substantive rights of interested persons, meet appropriate process standards and assure that the City ofRich Hillcomplies with theADA, Section 504 and their implementing regulations.
All ordinance or parts of ordinances in conflict with this ordinance are hereby repealed.
Read two times and passed by the City of Rich HillMissourithis 11th day of March 2008.
Richard Miller, Mayor
Rose Entrikin, City Clerk
Ayes: Humble, McDaniel, Dahman, Wills