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HomeMy WebLinkAboutResolution - 2231 RESOLUTION NO. 2231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ESTABLISHING A DISCRIMINATION COMPLAINT PROCEDURE FOR PERSONS WITH DISABILITIES THE CITY COUNCIL OF THE CITY OF SAN JACINTO, STATE OF CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION I. The City of San Jacinto discrimination complaint procedure is available for use by any individual who believes he or she has been adversely affected by illegal discrimination on the basis of disability by the City of San Jacinto. SECTION Ill. The basis for filing a complaint is alleged illegal discrimination based on disability by the City of San Jacinto, as defined by the Americans with Disabilities Act. SECTION III. Allegations of illegal discrimination can be filed with the ADA responsible employee as a written complaint within 90 calendar days of the alleged incidence or occurrence. City of San Jacinto discrimination complaint forms are available from the City Clerk and or responsible employee. SECTION IV. Each complaint filed will be reviewed by the responsible employee to determine the adequacy of the grounds for the complaint. The responsible employee may refer the complaint to the concerned City department, independently investigate the complaint, or investigate the complaint in collaboration with the concerned City department. When the complaint is referred to the concerned City department, the department will investigate the alleged illegal discriminatory actions within 45 calendar days. All reports of investigation and findings will be forwarded to the City Manager for review. If the finding of the investigation by the concerned City department concludes discrimination occurred because of an unlawful discriminatory practice, the concerned City department will remedy the matter, following consultation with the responsible employee. The complainant will be advised, in writing, of the findings and conclusions of the investigation. If the finding of the investigation conducted by the concerned City department, as reviewed by the City Manager, is that illegal discrimination did not occur, the complainant will also be so advised in writing. Investigations conducted independently by the responsible employee or in collaboration with the concerned City department are subject to the 45 calendar day investigatory time period. If the finding of the responsible employee concludes discrimination occurred because of an unlawful discriminatory practice, the findings will be made known to the department head or appropriate City official(s) in order to remedy the situation and eliminate the practices which caused the problem. The complainant will be advised, in writing, of the findings and conclusions. If the finding of the responsible employee is that illegal discrimination did not occur, the complainant will be so advised in writing, and the department head or appropriate City official(s) will be apprised. SECTION V. The responsible employee serves as a neutral third party in seeking the facts and attempting to determine whether or not illegal discrimination did take place. Consequently, the responsible employee does not function as the advocate of the complainant nor of the City department involved. SECTION VI. Complaints may be resolved by conference, conciliation, and persuasion at any time during the process. BE IT FURTHER RESOLVED THAT THE DISCRIMINATION COMPLAINTS SHALL BE FILED BY USING A "DISCRIMINATION COMPLAINT FORM" WHICH IS ATTACHED HERETO AS EXHIBIT "A." Moved, passed and adopted by the City Council this 15 day of Novemtaet994. AYES: Councilmembers Oaks, Solorio, Williams Mayor Hafliger ' 'ayor 0 NOES: None ABSENT: Councilmember Leahy Attest: ABSTAIN: None ;9 ,-Deputy City Cfl I rk Certificate The foregoing is certified to be a true copy of Resolution No.—, duly adopted by said City Council of the City of San Jacinto on the date set forth therein. Deputy City Clerk EXHIBIT "A" _S A N JACINTO CITY OF SAN JACINTO COMPLAINT FORM FOR ALLEGED DISCRIMINATION ON THE BASIS OF DISABILITY DATE: Complainant's Name: Phone #: ( ) I Address: CA 9 Describe the alleged discriminatory action in sufficient detail to make your complaint clear. Attach additional pages, if necessary: What actions do you request be taken to correct the alleged discrimination: Signature of (check one): Complainant(s) Authorized representatives) Signature Date 201 East Main Street, San Jacinto, CA 92583 s 909 487-7330 fax 909 654-9896