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659
No. 17,283
AN ORDINANCE CREATING THE CITY OF LITTLE ROCK
AMERICANS WITH DISABILITIES ACT CITIZEN'S
GRIEVANCE COMMITTEE, AND FOR OTHER PURPOSES.
WHEREAS, the City of Little Rock provides extensive
programs and activities to the citizens of Little Rock; and
WHEREAS, the Board of Directors desires to insure that
such programs and activities are accessible to all persons,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. Establishment. The Americans with
Disabilities Act ( "ADA ") Citizen's Grievance Committee is
hereby established to hear citizen complaints alleging
discrimination, by reason of disability, in programs or
activities sponsored by the City.
SECTION 2. Composition and Term. The Committee shall be
composed of five members, including two individuals with
disabilities, two service providers with knowledge of
technology affecting the disabled, and one architect. Members
appointed by the Board of Directors shall hold office for a
term of four years. The first appointments shall be for
staggered terms of four (persons with disabilities), three
(service providers), and two (architect) years.
SECTION 3. Powers and Duties. The Board shall have the
following powers and duties:
1) To familiarize and sensitize city staff to the access
problems of individuals with disabilities to city programs
and activities.
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2) To hear appeals, at its discretion, of citizen
complaints made to the ADA coordinator pursuant to procedures
approved by the City Attorney and the City Manager.
3) To make recommendation to the Little Rock Board of
Directors on access to programs and activities issues arising
from citizen complaints.
SECTION 4. Staff Support. Staff support for the ADA
Grievance Committee shall be provided by the City's ADA
Coordinator and staff from the City Manager's office.
SECTION 5. Inapplicable to City Employees. This
ordinance does not apply to ADA requests or complaints by
City employees. City employees shall follow procedures set
forth in the City's Administrative Personnel Policy &
Procedure Manual regarding reasonable accommodation under the
ADA.
PASSED:. October 1, 1996
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APPROVED AS TO FORM:
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CITY ATTORNEY
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ADA GRIEVANCE PROCEDURE
The City of Little Rock, Arkansas has instituted the
following procedures for the prompt and equitable resolution
of complaints alleging any action prohibited by the U. S.
Department of Justice regulations implementing Title II of
the Americans with Disabilities Act. 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.
Complaints should be addressed to: Mr. Cy Carney, City Hall,
500 West Markham, or call him at 371 -4510.
1. Complaints must be in writing or another "Equally
Effective" form of communication, containing the name
and address of the complainant, and shall state the
facts upon which the allegations are based. City staff
will assist in drafting the complaint, if requested, and
will ensure the complaint is documented in written form.
Complaints must be filed within fifteen business days
after the complainant becomes aware of the alleged
violation.
Upon the filing of a complaint, the ADA Coordinator
shall initiate a prompt investigation of the alleged
violation, affording all interested persons and their
representatives, if any, an opportunity to submit
evidence relevant to the complaint.
4. A written determination as to the validity of the
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)
business days after its filing. The ADA Coordinator will
ensure "Equally Effective Communication ", if necessary.
5. The ADA Coordinator shall maintain the files and records
of the City relating to the complaint filed.
6. The complainant can request a hearing of the case before
the ADA Grievance Committee in instances where he or she
is dissatisfied with the determination or proposed
resolution of the ADA Coordinator. The request for
reconsideration must be made in writing or other
"Equally Effective Communication" and provided to the
ADA Coordinator within ten (10) business days following
the Complainant's receipt of the ADA Coordinator's
determination and proposed resolution, if any, and
communicate the reasons for dissatisfaction. All members
of the ADA Grievance Committee will be sent the request
for reconsideration within ten (10) business days of
receipt of the request for hearing. Each Committee
member will review all prior documents and will hold a
meeting to determine whether or not to grant or deny the
request for reconsideration within fifteen (15) business
days from his /her receipt of the request.
Such meeting may be held via conference call or 662
telephone poll. If the request for reconsideration is
granted, the Committee will schedule a hearing at its
first available opportunity, but within thirty (30) days
of the meeting date where the request for
reconsideration was agreed to. Upon hearing, the matter
will be determined by the Grievance Committee within
fifteen (15) business days and submitted in writing or
other "Equally Effective Communication" to the
complainant.
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 appropriate
state or federal agency. Use of this procedure is not a
prerequisite to the pursuit of other remedies.
8. These procedures shall be construed to protect the
substantive rights of interested persons, to meet
appropriate due process standards and to assure that the
City of Little Rock complies with Title II of the ADA
and implementing regulations.
APPROVED BY:
Cy Carney
ADA Coordinator
Charles Nickerson Date
City Manager
omas M. Carpenter
City Attorney
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