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2015/04/14 City Council Resolution 2015-070RESOLUTION NO. 2015-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING THE CITY OF ROHNERT PARK: 1) NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT; 2) GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT; AND 3) DESIGNATION OF THE DIRECTOR OF HUMAN RESOURCES AS THE AMERICANS WITH DISABILITIES ACT ( "ADA ") COORDINATOR WHEREAS, the Americans with Disabilities Act of 1990 in Title II prohibits discrimination by state or local governments against qualified individuals with disabilities on the basis of disability in its services, programs or activities; and WHEREAS, pursuant to the administrative requirements of Title II of the ADA the City is required to adopt and distribute a public notice about the relevant provisions of the ADA; develop and publish grievance procedures; and designate at least one employee responsible for coordinating compliance with the ADA and investigating ADA complaints; and WHEREAS, Staff recommends that the City Council adopt the City of Rohnert Park Notice and Grievance Procedure in compliance with Title II of the ADA attached as Exhibit A and designate the Human Resources Director as the ADA Coordinator. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the City of Rohnert Park Notice Under the Americans with Disabilities Act and Grievance Procedure under the Americans with Disabilities Act attached hereto as Exhibit "A" and incorporated by this reference and designates the Director of Human Resources as the ADA Coordinator. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 14`x' day of April, 2015. CITY OF ROHNERT PARK �i Am '.A notu, yor ATTEST: y Anne M. Buergler, City Oterk Attachment: Exhibit A CALLINAN: _ MACKENZIE: !} STAFFORD: BEL,FORTE: _ AHANOTU: N}fig -4)4- AYES: ( " ) NOES: ( 0 ) ABSENT: ( ( ) ABSTAIN: (0 ) Exhibit A NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ( "ADA "), the City of Rohnert Park will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. Employment: The City of Rohnert Park does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA. Effective Communication: The City of Rohnert Park will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City of Rohnert Park's programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing or vision impairments. Modifications to Policies and Procedures: The City of Rohnert Park will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services and activities. For example, individuals with service animals are welcomed in the City of Rohnert Park offices, even where pets are generally prohibited. Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of the City of Rohnert Park, should contact the City's ADA Coordinator at 707 -588 -2221 or ADAcoordinatornrpcity.org as soon as possible but no later than 48 hours before the scheduled event. The ADA does not require the City of Rohnert Park to take any action that would fundamentally alter the nature of its programs or series, or impose an undue financial or administrative burden. Complaints that a program, service or activity of the City of Rohnert Park is not accessible to persons with disabilities should be directed to the ADA Coordinator at 707 -588 -2221 or ADAcoordinatorkrpcity.org. The City of Rohnert Park will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids /services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs. V e r.4.14.15 Exhibit A City of Rohnert Park Grievance Procedure under The Americans with Disabilities Act This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ( "ADA "). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Rohnert Park. The City's Personnel Policy governs employment - related complaints of disability discrimination. The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request. The Complaint should be submitted by the grievant and /or his /her designee as soon as possible but no later than 60 calendar days after the alleged violation to: Victoria Perrault ADA Coordinator and Director of Human Resources 130 Avram Avenue Rohnert Park, CA 94928 Within 15 calendar days after receipt of the complaint, Victoria Perrault, or her designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, Victoria Perrault or her designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City of Rohnert Park and offer options for substantive resolution of the complaint. If the response by Victoria Perrault or her designee does not satisfactorily resolve the issue, the complainant and /or his /her designee may appeal the decision within 15 calendar days after receipt of the response to the City Manager or his /her designee. Within 15 calendar days after receipt of the appeal, the City Manager or his /her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the City Manager or his /her designee will respond in writing and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. All written complaints received by Victoria Perrault or her designee, appeals to the City Manager or his /her designee, and responses from these two offices will be retained by the City of Rohnert Park for at least three years. Ver.4.14.15