1996-19 Adopting a Grievance Procedure in Accordance with Title II of the Americans With Disabilities Act and Section 504 of the Rehabilitation Act of 1973. (Rescinding Resolution No. 84-53-R)ATTEST:
Donna F. Smith, CMC /AAE, Borough Clerk
Kodiak Island Borough, Alaska
KODIAK ISLAND BOROUGH
RESOLUTION NO. 96 -19
Introduced by: Mayor Selby
Requested by: Mayor Selby
Drafted: Mayor Selby
Introduced: 07/18/96
Adopted: 07/18/96
A RESOLUTION IMPLEMENTING A GRIEVANCE PROCEDURE IN ACCORDANCE
WITH TITLE II OF THE AMERICANS WITH DISABILITIES ACT
AND SECTION 504 OF THE REHABILITATION ACT OF 1973
(RESCINDS RESOLUTION NO. 84 -53 -R)
WHEREAS, Title II of the Americans With Disabilities Act (ADA 28 C.F.R. 35.107
[b]) requires public entities with fifty (50) or more employees to adopt grievance
procedures to resolve complaints, and the U.S. Office of Revenue Sharing (ORS) (31
C.F.R. 51.55. [d] [2]) implementing Section 504 of the Rehabilitation Act of 1973,
as amended, (29 U.S.C. 794) regulations requires a recipient government to have a
grievance procedure in place; and
WHEREAS, the attached grievance procedure is intended to satisfy these
requirements; and
WHEREAS, Resolution No. 84 -53 -R was previously adopted to put the Kodiak Island
Borough in compliance with Section 504 of the Rehabilitation Act of 1973, and the
content of this previous resolution is being incorporated into this resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that Resolution No. 84 -53 -R is hereby rescinded.
NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK
ISLAND BOROUGH that the attached ADA and Rehabilitation Act of 1973 grievance
procedure is hereby adopted for the Kodiak Island Borough.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS EIGHTEENTH DAY OF JULY, 1996
KODIAK ISLAND BOROUGH
Jero e M. Selb
ough Ma or
94
Gar L. Stev. ns, Presiding Officer
Resolution No. 96 -19
Page 1 of 1
Page 1 of 2
AMERICANS WITH DISABILITIES ACT AND REHABILITATION ACT OF 1973
GRIEVANCE PROCEDURE
The Kodiak Island Borough has adopted an internal grievance procedure providing for prompt
and equitable resol ution of complaints alleging any action prohibited by the U.S. Department of
Justice regulations implementing Title II of the Americans with Disabilities Act (ADA) and the
regulations implementing Section 504 of the Rehabilitation Act of 1973 as amended. 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 the Kodiak Island Borough Mayor, 710 Mill Bay Rd., Kodiak,
Alaska, 99615, (907) 486 -9300, who has been designated to coordinate ADA and Rehabilitation
Act compliance efforts.
1. A complaint should be filed in writing or verbally, contain the name and address of the
person filing it, and briefly describe the alleged violation of the regulations.
A complaint should be filed within thirty (30) days after the complainant becomes aware
of the alleged violation.
3. An investigation, as may be appropriate, shall follow a filing of complaint. The
investigation shall be conducted by the Borough Mayor. These rules contemplate informal
but thorough investigations, affording all interested persons and their representatives, if
any, an opportunity to submit evidence relevant to a 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 Borough Mayor and a copy forwarded to the
complainant no later than fifteen (15) days after its filing.
5. The Mayor's decision may make reasonable modifications in policies, procedures, work
environment, or facilities to avoid discrimination on the basis of disability. The Borough is
not required to make structural changes in existing facilities where other methods are
effective in achieving compliance with the regulations. The Borough is not required to
take any action that would result in a fundamental alteration in the nature of the public
service, program or activity involved, or in undue financial and administrative hardship.
The Mayor's decision, where appropriate, may require the use of alternative means of
dispute resolution including negotiations, conciliation, mediation or arbitration to resolve a
dispute arising under the regulations.
7. The Borough Mayor shall maintain the files and records of the Kodiak Island Borough
relating to the complaints filed.
8. The complainant can request a reconsideration of the case in instances where he or she is
dissatisfied with the resolution. The request for reconsideration should be made to the
Borough Mayor within fifteen (15) days of the Mayor's decision.
9. The right of a person to a prompt and equitablc 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 or Rehabilitation Act of 1973 complaint with the responsible federal department or
agency. Use of this grievance procedure is not a prerequisite to the pursuit of other
remedies.
10. These rules shall be construed to protect the substantive rights of interested persons to
meet appropriate due process standards and to assure that the Kodiak Island Borough
complies with the ADA, Rehabilitation Act of 1973 and implementing regulations.
Page 2 of 2