HomeMy WebLinkAbout1992-07-28; Council Policy No. 52 - Americans with Disabilities ActExhibit B
CITY 6F CARLSBAD
Policv No. 52
COUNCIL POLICY STATEMENT
General Subject: AMERICANS WITH DISABILITIES ACT (ADA)
Date Issued ~~1~ 28, 1992
Effective Date JUDY 28, 1992
Cancellation Date N/A
Swersedes No. N/A
Specific Subject: GRIEVANCE PROCEDURE FOR ALLEGATIONS OF NON-COMPLIANCE WITH ADA
Copies to: City Council, City Manager, City Attorney, Department and
Divisions Heads, Employee Bulletin Boards, Press, File
PURPOSE:
The Americans with Disabilities Act (ADA) Grievance Procedure is to describe the steps to follow if one files a grievance. A grievance for this purpose is an allegation of noncompliance with a provision of Titles I. II or V of ADA.
The City of Carlsbad will make all reasonable accommodations for the disabled with regard to ,employment. programs and facilities.
The City will attempt to resolve disputes or allegations of non-compliance with ADA informally. Where appropriate and permitted by law, dispute resolution may include fact finding, conciliation, facilitation, mediation or arbitration. The filing of this grievance does not preclude an informal resolution.
PROCEDURE:
Grievances shall be processed in the following manner.
1. Within fifteen (15) calendar days after a grievant knew, or by reasonable diligence should have known, of the condition upon which the grievance may be based, the grievant shall attempt to resolve it by filing a grievance. Any grievance that has not been informally resolved may be filed verbally or in writing to the Assistant City Manager’s office. A written grievance may be by personal letter or by the City’s Grievance Form
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT’
Policv No. 52
Date Issued
Effective Date
General Subject: AMERICANS WITH DISABILITIES ACT (ADA) Cancellation Date N/A
SuDersedes No. N/A
Specific Subject: GRIEVANCE PROCEDURE FOR ALLEGATIONS OF NON-COMPLIANCE WITH ADA
Copies to: City Council, City Manager, City Attorney, Department and
Divisions Heads, Employee Bulletin Boards, Press, File
3. Upon receipt of the grievance, the City shall act within the following guidelines:
Within ten (10) working days from the date of receipt of the grievance the Assistant City Manager, or a designate, shall render a decision in writing. Such response shall include the Grievance Response Form and the written decision of Assistant City Manager as attachment to the Response Form
Within ten (10) working days the grlevant’s response to the decision shall be on the Response Form, indicating either agreement with or appeal of the Assistant City Manager’s decision.
Within ten (10) working days of receipt of the grievant’s appeal, the City Manager, or a designate, shall contact the grievant and/or the grievant’s representative to schedule a mutually convenient meeting to review the appeal.
Pm (continued):
2. The grievance must contain the following information:
. Name, address and phone number of the grievant . Specific identification of the provision[s) of ADA that the City may not be in compliance . Facts related to issue, such as wltnesses, dates, acts, or locations . Specific request for remedy or resolution
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CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: AMERICANS WITH DISABILITIES ACT (ADA)
Policy No. 52
Date Issued
Effective Date
Cancellation Date N/A
SuDersedes No. N/A
Specific Subject: GRIEVANCE PROCEDURE FOR ALLEGATIONS OF
NON-COMPLIANCE WITH ADA
Copies to: City Council, City Manager, City Attorney, Department and
Divisions Heads, Employee Bulletin Boards, Press, File
B (continued):
d) Within ten (10) working days after the scheduled meeting, the City Manager, or designate, shall render a decision in writing. Such response shrill include the Response Form. the initial decision letter from the Assistant City Manager, and the written decision of the City Manager as a second attachment to the Response Form.
e 1 The decision of the City Manager is final. The grievant may accept the decision by indicating such on the Response Form and returning to the City Manager within ten (10) working days of the date of the final decision.
,- CITYOFQUUSBAD 1200 Carlsbad Village Drive Carlsbad. CA 92008
Amerkans wkb Disabilities Act Grievance Form
Contact: Assistant City Manager
(619) 434-2620
Deftnltlon: A grievance is an allegation of noncompliance with a provision of any Title of the
Americans with Disabilities Act (ADA).
Poky: The City will attempt to resolve disputes or allegations of non-compliance
informally. Where approprlate and permitted by law, dispute resolution may include factfinding,conciliation, facilitation, medication or arbitration. The
filing of this grievance does not preclude an informal resolution.
Inetructtons: Complete this form as best as you can. Submit either by mail or in person to the
City Manager at the address above. This grievance will be handled in accordance with the City% ADA grievance procedure. A copy of this procedure is available
upon request.
Name: Phone:
Address:
1. Statement of Grievance (state the facts as you know it relating to your grievance,
including names, dates, locations, and actions if applicable) :
2. Resolution requested:
3. If you are being represented by another person on this grievance, please give the name and
phone number of this person:
4. Siinature: Date:
CITYOF- 1200 Carlsbad Village Drive Carlsbad. CA 92008
&muicans with Disabilities Act Grievance ResDonse Form
In accordance with paragraph 3. of the City’s procedure to respond to a grievance filed for non-compliance with any provision of Titles I. II or V of the Am&cans wfth Disabilfttes Act (ADA), this form is to be used for rendering a decision.
INITIAL DECISION: Assistant city Manager
Date Grievance Received:
A written decision by the Assistant City Manager, or a designate, must be rendered within ten (10) working days of receipt of this grievance. Written decision is attached to this form and sent to grievant.
.
Signature of Decision Maker Date
Grievant’s response to attached decision.
/ I accept the attached decision by marking an X” in the / box to the left and with my signature below.
/ I wish to appeal the attached decision by marking an Mr / in the box to the left and with my signature below.
Signature of Grievant Date
NOTE: Request for Appeal must be submitted to the City Mana@r’s of&e within ten (10) working daya of the date of the Assistant City Manager’s decision.
(See Reverse for City Manager’s Decision)
&uJcans with Q&g&l.Uties Act Grievance R~SDOIIS~ Form Fz;e 2
-DECISION: a* u-
Date Request for Appeal Received:
The City Lcsnager. or designate, shall contact the grievant and/or the gri+xmt’s representaUve within ten (10) working days of receipt of appeal. The purpose is to arrxrge a mutually convenfent meeting to review the appeal.
Da? of Contact:
Dare of Meeting:
,-
A written dec:sion by the City Manage;. or a designate. must be rendered vrl&in ten (10) worktng days of the date of the meettng to review the appeal. Written decision is attached to this form and sent to grievant.
.
ggnature of Decision Maker Date
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Grievant’s response to final decision.
/ -. J I accept the attached. decision by marking an ‘X” in the bdx to the left and with my signature below.
Signature of Grievant - Date