HomeMy WebLinkAboutAdministrative Order 2010-01, Notice Under the Americans with Disabilities Act 9T.N CO��O
Administrative Order 2010 -01
It is hereby ordered:
1. The attached "Notice Under the Americans with Disabilities Act" "Notice and the
"Grievance Procedure Under the Americans with Disability Act" "Grievance
Procedure are adopted;
2. Both documents shall be maintained continuously on the City of Bozeman's external
website;
3. The Notice shall be published on Channel 20 as appropriate; and
4. The Grievance Procedure replaces in its entirety that found in the current edition of the
City of Bozeman Employee Handbook (Appendix D).
Dated and effective this 12th day of February, 2010
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Chris A. Kukulski, Bozeman City Manager
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Notice Under the Americans with Disabilities Act
The City of Bozeman provides this notice in accordance with the requirements of Title II of the
Americans with Disabilities Act of 1990 "ADA The City of Bozeman "City will not
discriminate against qualified individuals with disabilities on the basis of disability in
employment, services, programs, or activities.
Employment. The City does not discriminate on the basis of disability in its hiring or
employment practices and complies with all regulations promulgated by the United States Equal
Employment Opportunity Commission under Title I of the ADA.
Effective Communication: The City will generally, upon request, provide appropriate aids and
services leading to effective communication for qualified persons with disabilities so that
qualified persons with disabilities can participate equally in City programs, services, and
activities, including, but not limited to, 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. Primary consideration will be given to the request
of the qualified individual with a disability unless another equally effective accommodation is
available, or the use of the means requested would result in a fundamental alteration of the
service, program, or activity, or represents an undue financial or administrative burden to the
City.
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, should
contact the office of the ADA Coordinator, Phone (406) 582 -2306, or email
jgoehrung@bozeman.net as soon as possible but no later than 48 hours before the scheduled
event.
Modifications to Policies and Procedures: The City will make all reasonable modifications to
policies and programs to ensure that qualified persons with disabilities have an equal opportunity
to enjoy and participate in all of the City's programs, services, and activities. For example,
individuals with service animals are welcome in City offices, even where pets are generally
prohibited unless the service animal's presence or behavior creates a fundamental alteration to
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the program or service being provided or results in a direct threat to public safety. In addition, as
a matter of policy, not compliance, the City will afford access to individuals, with or without a
disability, accompanied by service animals -in- training subject only to the conditions and
limitations established by law and similarly applicable to qualified persons with disabilities and
their respective service animals.
To the extent possible, the City will ensure that physical facilities are usable by qualified
individuals with disabilities. Where physical facilities cannot be made usable, overall program
accessibility will be ensured.
Public meetings of all City agencies, including citizen boards and committees, shall be held at
accessible locations and in such a manner that qualified people with disabilities may fully
participate. The agenda for every public meeting for any agency shall clearly identify and
provide the contact information for the City's ADA Coordinator.
Qualified people with disabilities shall not be discriminated against in participation on any
citizen boards, commissions or task force.
All City offices and programs shall be accessible to users of TDD /TTY through the City's
TDD /TTY number at 406 -582 -2301. In addition, any person may dial 711 and through the use a
Telecommunications Relay Service (TRS) communicate with the City.
Complaints that a program, service, or activity of the City is not accessible to persons with
disabilities shall follow the City's ADA Grievance procedure and should be directed to City of
Bozeman ADA Coordinator, Phone (406) 582 -2306, or email jgoerhrung @bozeman.net.
The City will not place a surcharge on any qualified persons with a disability or any group of
individuals with qualifying 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.
The ADA does not require the City to take any action that would fundamentally alter the nature
of its programs or services, or impose an undue financial or administrative burden.
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Grievance Procedure Under the Americans with Disability 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 City's provision of services, activities,
programs, or benefits by the City of Bozeman "City
The complaint must be in writing, signed by the complainant and contain the complainants name,
address, and phone number. The complainant must also include the location, date, and a
description of the alleged discriminatory action, or inaction, in sufficient detail to inform the City
of the nature and date of the alleged violation. Upon request, alternative means of filing
complaints, such as personal interviews or a tape recording of the complaint will be made
available for persons with qualifying disabilities.
The complaint should be submitted by the complainant and /or their designee as soon as possible
after the alleged violation has occurred to:
City of Bozeman ADA Coordinator
P.O. Box 1230
Bozeman, Montana 59771
Phone (406) 582 -2306
Email: jgoehrung @bozeman.net
Complaints filed by current City employees regarding discrimination under the ADA in
employment practices shall be reviewed under these procedures but shall be forwarded by the
ADA Coordinator to the Human Resources Director for investigation. If a conflict exists between
the employee filing the complaint and the Human Resources Director the complaint may be
handled by the ADA Coordinator in consultation with the Assistant City Manager.
Within 30 calendar days of receipt of the complaint, the ADA Coordinator will conduct the
investigation necessary to determine the validity of the alleged violation. If appropriate, the ADA
Coordinator will arrange to meet with the complainant to discuss the matter and attempt to reach
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an informal resolution. Any informal resolution of the grievance will be documented in the
City's ADA Grievance File.
If an informal resolution to the complaint is not reached, a written determination as to the
validity of the complaint and description of the resolution, if appropriate, shall be issued by the
ADA Coordinator and a copy forwarded to the complainant no later than 60 days from the date
of the City's initial receipt of the complaint.
The complainant may request reconsideration if they are dissatisfied with the written
determination. The request for reconsideration shall be in writing and filed with the City
Manager within 30 days of the ADA Coordinator's determination having been mailed to the
complainant. The City Manager shall review the request for reconsideration and make a final
determination no later than 60 days from the filing of the request for reconsideration. The
decision of the City Manager is the final City administrative remedy required of a complainant.
The resolution of any specific complaint requires consideration of varying circumstances, such
as, but not limited to: 1) the specific nature of the disability; 2) the nature of the access to
services, programs, or facilities at issue and essential eligibility requirements for participation; 3)
the health and safety of others; and 4) the degree to which an accommodation would constitute a
fundamental alteration to the program, service, or facility, or cause an undue hardship to the
City. Accordingly, the resolution by the City of any one complaint does not constitute a
precedent upon which the City is bound or upon which other complaining parties may rely.
All written complaints received by ADA Coordinator or designee, appeals to the City Manager
or designee, responses from these two offices and all supporting documentation, are generally
considered public records under the Montana Public Records Act (Title 2, Chpt. 6, MCA). Every
measure will be taken by the City to protect any privacy interests of any complainant. These
records will be retained by the City for a minimum of three years from the final decision.
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