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HomeMy WebLinkAboutR-1565 - Amending the personnel rules adding a new section to Chapter XIV Affirmative Action Policy.'• • CIT Y 0 F MAR Y S V ILL E Marysville,Washington RESOLUTION NO./s;(.s" A RESOLUTION OF THE CITY OF MARYSVILLE AMENDING THE PERSONNEL RULES,ADDING A NEW SECTION TO CHAPTER XIV, AFFIRMATIVE ACTION POLICY. BE IT RESOVLED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,AS FOLLOWS: WHEREAS the Americans with Disabilities Act (ADA)was signed into law by President George Bush on July 26,1990 and includes the city of Marysville; WHEREAS this law requires that the city of Marysville adopt a grievance procedure that will provide prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Justice regulations implementing title II of the ADA. Title II states,in part,that "no otherwise qualified disabled individual shall,solely by reason of such disability,be excluded from the participation in,be denied the benefits of,or be SUbjected to discrimination"in programs or activities sponsored by a public entity.NOW,THEREFORE, BE IT RESOLVED THAT THE CITY OF MARYSVILLE PERSONNEL RULES INCLUDE A NEW SECTION 5.ADA GRIEVANCE PROCEDURE,UNDER CHAPTER XIV AS FOLLOWS: SECTION 5.AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE: a.ADA complaints should be addressed to the Personnel Department,ATTN:ADA Coordinator,514 Delta,Marysville,WA 98270,who has been designated to coordinate ADA compliance efforts. (1)A complaint should be filed in writing,contain the name and address of the persons filing it,and briefly describe the alleged violation of the ADA regUlations. (2)The complaint should be filed within ten (10)days after the complainant becomes aware of the alleged violation. (3)An investigation,as may be appropriate,shall follow the filing of the complaint.The investigation will be conducted by the ADA Coordinator or his/her designee.These procedures contemplate informal but thorough investigations,affording all interested persons and their representatives,if any,an opportunity to submit evidence relevant to a complaint. (4)A written determination as to the validity of the ::it .~•••••complaint and a description of the resolution,if any,shall be issued by the ADA Coordinator and a copy forwarded to the complainant no later than thirty (30)days after its filing. (5)The ADA Coordinator shall maintain the files and records of the city of Marysville relating to the complaints filed. (6)The complainant can request a reconsideration of the case in such instances where he or she is dissatisfied with the resolution.The request for reconsideration shall be made within ten (10)days of receipt of the ADA Coordinator's written determination to the City Administrator. (7) The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of an ADA complaint with the responsible federal department or agency.Use of this grievance procedure is not a prerequisLte to the pursuit of other remedies. (8)These rules shall be construed to protect the substantive rights of interested persons to meet appropriate due process standards,and to assure that the City of Marysville complies with the ADA implementing regulations. ADOPTED b"y ttJ,e Marysville citlynCi!and APPROVED by the Mayor this _LI_·~.::3"o.t;-,-day of ~,1992. ::TYa:ll:J;; Dave Weiser,Mayor Approved as to form: ~k'·LA/ud2 Grant Weed,c~ty Attorney Attest: By Clerk