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3057Ronald C. Coy • • RESOLUTION NO. 3057 A RESOLUTION ADOPTING A POLICY AND NOTICE REGARDING THE AMERICANS WITH DISABILITIES ACT RECITALS: 1.The Congress of the United States adopted the Americans with Disabilities Act of 1990 (ADA) to prohibit discrimination against individuals with disabilities. 2.Community Development Block Grant (CDBG) applications require compliance with the ADA. 3.The City of Moses Lake has received Community Development Block Grant funds and is required to comply with Title II of the Americans with Disabilities Act of 1990. 4.The failure to adopt and implement such policy may cause the city to lose its grant or eligibility for future federal grants. RESOLVED: 1. That the policy and notice attached hereto as Exhibit A is hereby adopted as an official policy of the city. Adopted by the City Council on May 26, 2009. ATTEST: Ronald R. Cone, Finance Director • CITY OF MOSES LAKE AMERICANS WITH DISABILITIES ACT POLICY AND NOTICE Policy: In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Moses Lake does not discriminate against qualified individuals with disabilities on the basis of disability in the City's services, programs, or activities. In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Moses Lake does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the Equal Employment Opportunity Commission under Title I of the Americans with Disabilities Act (ADA). Effective Communication: The City of Moses Lake will, upon request, attempt to provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City's programs, services, and activities. We strive to make information and communication accessible to people who have speech, hearing, or vision impairments. Modifications to Policies and Procedures: The City of Moses Lake will make reasonable modifications to policies and programs to ensure that people with disabilities have equal opportunity to enjoy all City programs, services, and activities. For example, individuals with service animals are welcomed in City offices, even though pets are prohibited. Anyone who requires an auxiliary aid or service for effective communication or modification of policies or procedures to participate in a City program, service or activity, should contact the person or department who scheduled the event as soon as possible but no later than 72 hours before the scheduled event. If you are not sure who you should contact, you may contact the ADA Coordinator identified in this notice. 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. The City will not place a surcharge on a particular individual with a disability or group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy. ADA Questions and Complaints: The City of Moses Lake has an ADA Coordinator and a grievance procedure. Those are intended to ensure that complaints are handled promptly. Equitable resolution is strived for through the review process. Please contact the ADA Coordinator with questions or complaints about the ADA compliance efforts. ADA Coordinator:Richard Bisnett 321 S. Balsam Street (PO Drawer 1579) Moses Lake, WA 98837 Phone: (509) 766-9210 Voice; 417-4645 TTY Email: rbisnett@ci.moses-lake.wa.us 1 Exhibit A City of Moses Lake's Grievance Procedure: It is the intent of the City to expediently and equitably resolve issues concerning barriers to persons with disability or alleged discrimination toward persons with disability, in employment practice or in the provision of services provided by the City. A.City Manager: The City Manager is responsible to hear and/or cause investigation of any question or concern by a member of the public or employee regarding discriminatory practices in the provision of services, barriers to accessibility to services or employment practices. A decision of the City Manager will be rendered within 15 working days of receipt of the complaint. B.Review Board: The City Manager may, at his/her discretion, request a review boa to be convened, for the purpose of hearing and investigating any issue accessibility or discriminatory practices filed with the City Manager. The Manager will determine on a case-by-case basis when the ADA Review Boa be convened, and shall forward the issue to the Board for their investigati recommendation. C.ADA Review Board: The ADA Review Board will consist of two De Directors, the City Attorney and the Human Resources Manager. The m be appointed by the City Manager, with the exception of the standing a of the City Attorney and Human Resources Director. The investigatio recommendation of the Review Board will be completed within 15 d of the complaint by the City Manager. D.Alternative Remedies: The individual's right to prompt and equita the complaint is not to be impaired by his/her pursuit of other rem filing of a complaint with the U.S. Department of Justice or other or state agency. Furthermore, the filing of a lawsuit in state or can occur at any time. The use of this complaint resolution prerequisite to the pursuit of other remedies. E.Record Keeping and Public Proceedings: A record of actio or complaint will be maintained as part of the record or mi investigation and resolution process. Hearings for the pu the facts of the complaint shall be conducted in acc public meeting requirements, including reasonable not' date, time and location of the hearing. rd of City d will n and partment mbers will ppointment and written ays of receipt ble resolution of edies, such as the appropriate federal federal district court procedure is not a n taken on each request nutes at each level of the rposes of investigation of rdance with all applicable ce to the complainant of the 2 Exhibit A