HomeMy WebLinkAboutReso 2015-077 - Council Policy 217RESOLUTION NO. 2015-077
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDDING AMENDING COUNCIL POLICY 217 (TITLE II
DISABLED ACCESS TO CITY SERVICES AND PROGRAMS)
WHEREAS, it is the intent of the City Council that the City of Redding take a proactive leadership
role in addressing ways of making Redding an "Accessible City," and to address the requirements .of the
Americans with Disabilities Act by calling on all businesses and industries to work together toward this
goal; and
WHEREAS, it is the intent of the City Council to ensure that the City of Redding provides equal
employment opportunities to persons with disabilities; and
WHEREAS, it is the policy of the City Council to ensure that the City of Redding provides
accessible City services, programs, and facilities, and to maintain compliance with the Americans with
Disabilities Act and Section 504 of the Rehabilitation.Act of 1973; and
WHEREAS, City of Redding endorses the goals of`the Americans with Disabilities Act (ADA) of
ensuring equal participation of individuals with disabilities in the "mainstream" of American society;
.NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Redding that an
amendment to City Council Policy 217, hereinafter entitled "ADA — Title II Disabled Access to City
Facilities, Services and Programs," is hereby adopted in the form attached hereto.
I HEREBY CERTIFY that the foregoing resolution was introduced, read, and adopted at a regular
meeting of the City Council on the 1St day of September, 2015, by the following vote:.
AYES:
COUNCIL MEMBERS:
Cadd, McArthur, Schreder, Weaver, & Sullivan
NOES:
COUNCIL MEMBERS:
None.
ABSENT:
COUNCIL MEMBERS:
None
ABSTAIN:
.COUNCIL MEMBERS:
None
I
CIE SULLIVAN, Mayor N
ATTEST;; APPROVED AS TO. FORM:
U1
PAMELA MI ; City --'Clerk ° BARRY E. eW LT, City Attorney
" CITY OF REDDING, CALIFORNIA
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ADA - Title II Disabled Access to City Facilities,
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BACKGROUND
The issue of accessibility, both architecturally and programmatically by people with disabilities to public.
and private entities has been addressed by Section 504 of the Rehabilitation Act of 1973 and the
Americans with Disabilities Act of 1990. This broad reaching legislation addresses the right of people
with disabilities to obtain equal access to services, programs, buildings, facilities, and employment.
PURPOSE
A) It is the intent of the City Council that the City of Redding take a proactive leadership role in
addressing ways of making Redding an "Accessible City," and to address the requirements of the
Americans with Disabilities Act by calling on all businesses and industries to work together
toward this goal. In addition, it is the intent of the Council to ensure that the City of Redding
provides equal employment opportunities to persons with disabilities.
B) To ensure compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans with
Disabilities Act (ADA) of 1990 and to establish an informal grievance procedure for the
resolution of complaints from disabled persons who believe that they have been excluded from
participation in, ;have been denied the benefits of, or have been subjected to discrimination
under any program or activity of the City of Redding, solely by reason of his or her disability.
C) To designate the coordinators of the City's efforts to comply with and carry out the
requirements of the Americans with Disabilities Act of 1990 (ADA).
POLICY
It shall be the policy of the City Council to ensure that the City of Redding provides accessible City
services, programs, and buildings, and to maintain compliance with the Americans with Disabilities Act
and Section 504 of the Rehabilitation Act of 1973.
The City of Redding endorses the goals: of the ADA of ensuring equal participation of individuals with
disabilities in the "mainstream" of American society. The major principles of mainstreaming which the
City of Redding endorses are:
1) Individuals with disabilities shall be integrated to the maximum extent appropriate:
2) Separate programs shall be permitted where necessary to ensure equal opportunity
3) Individuals with disabilities shall not be excluded from the regular programs of the City, or
required to accept special services or benefits.
4) The City will not impose eligibility criteria for participation in its programs, services, or,activities
that either screen out or tend to screen out persons with disabilities, unless it can show that
such requirements are necessary for the provision of the service, program, or activity.
� CITY OF REDDING, CALIFORNIA
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ADA - Title II Disabled Access to City Facilities,
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POLICY IMPLEMENTATION AND ADA COORDINATOR DESIGNATIONS
Section 504 and the ADA require public entities to designate at least one employee to coordinate the
investigation of grievances'from persons with disabilities.
1) Employees and Volunteers. Each Department Director is responsible for ensuring that there is
no discrimination against. individuals based on disability by: 1) ensuring that all employees AND
volunteers under their direction are informed of this City policy; and 2) ensuring that any
instances or allegations of discrimination are immediately reported to the Personnel Director.
The Personnel Department will ensure that each employee and volunteer receives.a copy of this
policy.
The Personnel Director will ensure that all grievances are investigated and will attempt
resolution of grievances filed in the Personnel Department. Individuals are encouraged to
immediately report any act of disability discrimination to their supervisor„ department director,
or the Personnel Director. Staff receiving grievances should fully inform the individual of their
rights; take appropriate and timely steps to investigate; and, when merited; take prompt and
effective remedial action.
ADA Coordinator
Personnel Director (or his/her designee)
777 Cypress Avenue
Redding, CA 96001
(530) 225-4065
2) Public. The ADA Coordinator for the public services provisions of the ADA (Title II), covering
program accessibility, communications, and architectural barriers is as follows:
ADA Coordinator
Director of Public Works (or his/her designee)
777 Cypress Avenue
Redding, CA 96001
(530) 245-7156.
3) Public Grievance Procedure. The ADA Coordinator shall be responsible for investigating any
grievance or communication to the City alleging non-compliance with the ADA. The ADA
Coordinator for the general public is as follows:
ADA Coordinator
City Attorney (or his/her designee)
777 Cypress Avenue
Redding, CA 96001
(530) 225-4385
f CITY OF REDDING, CALIFORNIA
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PROCEDURE
1) Who May File a Grievance. Any person 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, on
his/her own behalf or"by an authorized representative, file a grievance under this procedure.
2) Non -Retaliation. No person who files a grievance, nor any person who cooperates in the
investigation of a grievance, shall 'be subjected to retaliation, and the City shall take reasonable
steps to protect such persons :from retaliatory actions.
3) Grievance. Persons having a grievance are encouraged to first contact, by telephone or in
person, the appropriate ADA Coordinator to attempt to informally resolve the grievance. If this
does not yield a satisfactory resolution, a grievance, form may be filed.
4) Filing. The grievance shall be filed with the appropriate ADA Coordinator. The grievance should
be filed in writing using the ADA Grievance Form; however; it may be filed orally.
5) The grievance shall contain the following:
a) The name, address and telephone number of the person filing the grievance, and the name
address and telephone number of the person affected by the alleged discrimination (if
different).
b) A statement of the problem or action alleged to be discriminatory, as much background
information (time, place, photographs, etc...) as possible, including witness names and
contact information.
c) A recommended remedy or relief being requested to resolve the complaint.
6) The grievance should be filed within 30 calendar days after the person becomes aware of the
alleged discriminatory action.
7) The ADA Coordinator shall investigate the validity of the complaint and shall, within 30 calendar
days of receipt of the grievance, issue to the person filing the grievance, or his or her designated
representative, a written determination as to its validity, and a description of the resolution of
the complaint, if any. The 30 -day period for making a determination regarding the grievance
may be extended for an additional 30 -day time period with written notice to the person filing
the grievance or his or her designated representative.
8) Reconsideration of'the determination of the ADA Coordinator may be made in instances where
the person is dissatisfied with the resolution of the complaint, or if a written determination has
not been issued within the initial or extended 30 -day time period. The request for
reconsideration must be made within 14 calendar days of the issuance of the written
determination or the expiration of'the initial or'extended 30. -day time period. The request shall
CITY OF REDDING, "CALIFORNIA
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be made in writing to the City Manager, who,shall issue a final written determination within 30=
days of receipt of the request for reconsideration.
GRIEVANCE FORM
A grievance form can be obtained from any of the ADA Coordinators or the City Clerk's office.
Amended September 1, 2015, by Resolution No. 2015-077
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