Complaints of alleged violations of the Americans With Disabilities Act by the city must be made in writing and filed with the ADA coordinator of the city. Complaints must contain the name of the petitioner, dates of the alleged violations, city employees or agents who participated in the alleged violations, the names of all witnesses to the alleged violations, a description of the events or conditions that allegedly violate the Act, the provisions of the Act or its federal regulations that are violated by the alleged events or conditions, and a proposal by the petitioner as to remedying the alleged violations. Complaint forms are available from the ADA coordinator. The ADA coordinator shall render his decision on the complaint within fifteen (15) working days from the date of the filing of the complaint.

    If a complaint cannot be resolved to the satisfaction of the petitioner by the ADA coordinator, then a petitioner may appeal the ADA coordinator’ s decision in writing to the ADA compliance committee. Appeal forms are available from the ADA coordinator and shall be filed with the city clerk. A hearing will be held by the ADA committee within fifteen (15) working days of the filing of the appeal, at which time the petitioner may present evidence and testimony in support of his complaint and appeal. The ADA committee shall render a written decision on an appeal within thirty (30) days of the hearing.

    If a complaint cannot be resolved to the satisfaction of the petitioner by the ADA committee, then a petitioner may appeal the ADA committee’ s decision in writing to the city council. Appeal forms are available from the ADA coordinator and shall be filed with the city clerk. A hearing will be held by the city council at its next regular meeting held not sooner than ten working days after having received petitioner’ s appeal of the ADA committee’ s decision. A petitioner may present evidence and testimony in support of his complaint and appeal. The city council shall render a written decision on an appeal within thirty (30) days of the hearing.

    All hearings held before the ADA committee and the city council shall be recorded and transcripts of said hearing shall be available upon written request.

    The use of this grievance procedure is not a prerequisite for a petitioner to pursue other remedies. A petitioner’ s filing of a complaint or appeal as part of the proceedings of this grievance procedure shall in no way impair petitioner’ s pursuit of remedies by filing a complaint with any state or federal agency or by filing a lawsuit in any state or federal district court. However, the filing of a complaint or a lawsuit by a petitioner with any state or federal agency or court shall immediately suspend all proceedings of the grievance procedure and any action proposed or taken by the city as a result of the petitioner’ s complaint or appeal. (Ord. 1042 § 1, 1992)