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HomeMy Public PortalAboutResolution 18-96 Regarding Non-Discrimination on Basis of DisabilityRESOLUTION NO. I8-96 POLICY REGARDING NON DISCRINIMATION ON THE BASIS OF DISABILITY A resolution of the City of McCall, Idaho, adopting a policy of non-discrimination on the basis of disability. Whereas, the Congress of the United States has passed Section 504 of the Rehabilitation Act of 1973 which requires that "No otherwise qualified individual with handicaps in the United States...shall, solely on the basis of his or her handicap, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance"; and, Whereas, the City of McCall has received an Idaho Community Development Block Grant and is required to comply with Section 504 of the Rehabilitation Act of 1973; and, Whereas, the failure to comply with the terms and conditions of Section 504 of the Rehabilitation Act may cause the City to lose its grant or eligibility for future grants; Now, therefore, be it resolved by the Mayor and the Council of the City of McCall, Idaho, the following: Section I. It is the policy of the City that all programs and activities shall be accessible to, and usable by qualified persons with disabilities. Section II. That the City shall undertake an evaluation conducted in consultation with citizen groups involving persons with disabilities, of its programs, policies, procedures and facilities in order to determine those areas where discrimination may occur. Section III. The City shall, upon completion of said evaluation, make such revisions, modifications, or other changes so as to fully comply with the letter and intent of Section 504. Section IV. Further, the City shall, where building modifications are required, develop and implement a transition plan for the timely elimination of structural barriers to citizens with disabilities. Citizens may contact the City's 504/ADA coordinator: Andrew Locke,City Planner City of McCall P.O. Box 986 McCall, ID 83 63 8 (208) 634-7142 Passed by City of McCall, Idaho Signed by: illiam Killen, Mayor James Henderson, City Clerk 9g� � Date NOTICE ON NONDISCRIMINATION As required by Section 504 of the Rehabilitation Act (as amended) and the Americans with Disabilities Act (ADA), the City of McCall has adopted by resolution a policy regarding "NONDISCRIMINATION ON THE BASIS OF DISABILITY". The City of McCall does not discriminate on the basis of disability in the admission to, access to, or operations of programs, services, or activities. Qualified individuals who need accessible communication aids and services or other accommodations to participate in programs and activities are invited to make your needs and preferences known to the 504/ADA Coordinator. Please give us at least a three to five day advance notice so we can adequately meet your needs. An internal grievance procedure is available to resolve complaints. Questions, concerns, or requests for additional information regarding 504/ADA should be forwarded to: 504/ADA Coordinator's Name: Andrew Locke Title: City Planner Address: P.O. Box 986. McCall. ID 83638 Phone Number 634-7142 Voice Days and Hours Available Monday through Friday 8:00 a.m. to 5:00 p.m. Upon request this notice is available in alternative formats (for example, large print, or audio tape) from the 504/ADA Coordinator. Published GRIEVANCE PROCEDURE FOR THE CITY OF McCall 1996-1997 The following grievance procedure is established tomeet the requirements of Section 504 of the Rehabilitation Act as amended and the Americans With Disabilities Act of 1990 (ADA). According to these laws the City of McCall, as recipient of an Idaho Community Development Block Grant (ICDBG) funds, certifies that all citizens shall have the right to submit a grievance on the basis of disability in policies or practices regarding employment, services, activities, facilities, or benefits provided by the City of McCall. When filing a grievance, citizens must provide detailed information to allow an investigation, including the date, location, and description of the problem. The grievance should be in writing and should include the name, address, telephone number of the complainant, Upon request, alternative means of filing complaints, such as personal interviews or a tape recording, will be made available for individuals with disabilities upon request. The complaint should be submitted by the complainant or his/her designee as soon as possible, but no later than 60 days after the alleged violation. Complaints must be signed and sent to: Andrew Locke City of McCall P.O. Box 986 McCall, ID 83 63 8 (208) 634-7142 Within 15 calendar days after receiving the complaint, Mr. Locke will meet with the complainant to discuss the complaint and possible resolution. Within 15 calendar day after the meeting, Mr. Locke will respond in writing. Where appropriate, the response shall be in a format accessible to the complainant (such as large print or audio tape). The response will explain the position of the City of McCall, and offer options for resolving the complaint. If the response does not satisfactorily resolve the issue, the complainant or his/her designee may appeal the decision of the ADA coordinator. Appeals must be made within 15 calendar days after receipt of the response. Appeals must be directed to the chief elected official or his or her designee. Within 15 calendar days after receiving the appeal, the chief elected or his/her designee will meet with the complainant to discuss the complaint and to discuss possible resolutions. Within 15 calendar days after the meeting, the chief elected official or his/her designee will provide a response in writing. Where appropriate, the response shall be in a format accessible to the complainant. The response shall be accompanied by a final resolution of the complaint. The 504/ADA Coordinator shall maintain the files and records of the City of McCall pertaining to the complaints filed for a period of three years after the grant is closed out. STEP ©: GRIEVANCE PROCEDURE ICDBG Grantees must Adopt a Grievance Procedure for the Public and Your Employees to Resolve Complaints at a Local Level. 1. What Is a Grievance Procedure? A written description of steps that an employee or citizen can use to resolve a complaint with your city or county. 2. Why Is it Important to Have a Grievance Procedure? gar To resolve complaints within the city or county, rather than have an individual file a complaint with a state or federal agency or file a lawsuit. or Demonstrate to those who have complaints that you want to make every effort to address their concerns. 3. What Information Should a City or County Include in the Grievance Procedure? scar A detailed description on how to file a grievance. A two-step review process that allows for appeal. or Reasonable time -frames for review and resolution of the grievance. gEr Name. address. -and telephone number of the person who will receive and follow-up on the grievance. or A statement that informs individuals that alternative ways of filing complaints, (such as personal interviews or a tape recording of the complaint), is acceptable. See pages 19 and 20 for a sample grievance procedure. s 4. How Often Should a Grievance Procedure Be Published? d `u need to make sure that you notify the public on a ongoing basis that you have a grievance procedure available for use. A notice about the availability of your grievance procedure should be included in your public notice. See page 16 for an example. e e e 10 FAIR HOUSING RESOLUTION LET IT BE KNOWN TO ALL PERSONS of the City of McCall that discrimination in the sale, rental, leasing or financing of properly to be used for housing or construction of housing, or in the provision of brokerage services for the same on the basis of race, color, religion, sex or national origin is prohibited by Title VIII of the 1968 Civil Rights Act (Federal Fair Housing Law). It is the policy of the City of McCall to implement programs to ensure equal opportunity in housing for all persons regardless of race, color, religion, sex or national origin. The Fair Housing Amendments Act of 1988 expands coverage to include disabled persons and families with children. Therefore, the City of McCall does hereby pass the following Resolution. BE IT RESOLVED that within available resources the City of McCall will assist all persons who feel they have been discriminated against because of race, color, religion, sex, national origin, disability or familial status to seek equity under federal and state laws by filing a complaint with the U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, Compliance Division. BE IT FURTHER RESOLVED that the City of McCall shall publicize this Resolution and through this publicity shall encourage owners of real estate, developers, and builders to become aware of their respective responsibilities and rights under the Federal Fair Housing Law and amendment and any applicable state or local laws or ordinances. SAID PROGRAM will at a minimum include: 1) printing and publicizing of this policy and other applicable fair housing information through local media and community contacts; 2) distribution of posters, flyers, and any other means that will bring to the attention of those affected, the knowledge of their respective responsibilities and rights conceming equal opportunity in housing and 3) prepare an analysis of impediments to fair housing choice and actions to mitigate those impediments. This Resolution shall take effect upon publication. � A 1 -William Killen, Mayor Attest: James Henderson, City Clerk