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3.03 3.3 LABOR&POLICY\Grievance Procedure Under ADA Policy—Amend—4-4-16 RESOLUTION AUTHORIZING AMENDMENT OF GRIEVANCE PROCEDURE AND AUTHORIZING PUBLICATION OF NOTICE UNDER AMERICANS WITH DISABILITIES ACT RESOLUTION NO.: ,2016 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, by Resolution 122, 2011, in accordance with the Americans With Disabilities Act of 1990 (ADA), the Queensbun- Town Board adopted a Grievance Procedure to meet the ADA's requirements so that any anyone wishing to file a complaint alleging discrimination on the basis of disability in the provision of services, activities or programs or benefits by the Town of Queensbury can utilize such Procedure, and WHEREAS, the Senior Planner has advised the Town Board that amendments to said Procedure are required, and that the Town must also annually publish a Notice Under the Americans With Disabilities Act, and WHEREAS, an amended Procedure and Notice have been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbun- Town Board hereby adopts the Town of Queensbury Grievance Procedure Under The Americans With Disabilities Act substantially in the amended form presented at this meeting and authorizes and directs the Town Supervisor to make arrangements for the distribution of a cop` of such Procedure to ever` employee, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to amend the Employee Handbook accordingly to reflect adoption of this Procedure, and BE IT FURTHER- RESOLVED,that the Notice of the Town's compliance with the Americans With Disabilities Act shall be prominently displaved in Town Hall, at the Queensbury Senior Center, on Town Bulletin Boards, shall be published on the Town's official website and shall be published annually in the Town of Queensbury's official newspaper, and BE IT FURTHER- RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk, Town Counsel and/or Senior Planner to take anv action necessary to effectuate the terms of this Resolution. Duly adopted this 4 t day of April, 2016, by the following vote: AYES : NOES : ABSENT : PAMELA\MISCELLANEOUS\ADA Grievance Procedure Amended—4-4-16 Town of Queensbury Grievance Procedure Under The Americans With Disabilities 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 provision of services, activities,programs, or benefits by the Town of Queensbury. The Town of Queensbury's Employee y Q ury Q ury p oyee Handbook governs employment-related complaints of disability discrimination. The complaint should be in writing and contain information about the alleged discrimination such as: • Complainant's name, address, and phone number • Location, date,time and description of the problem and individuals involved. No particular format of the complaint is required. Alternative means of filing complaints, such as personal interviews or an audio recording of the complaint, will be made available for persons with disabilities upon request. The complaint should be submitted in writing by the grievant and/or his/her designee as soon as possible but no later than sixty (60) calendar days after the alleged violation to: Town Clerk/ADA Coordinator Town of Queensbury 742 Bay Road Queensbury,NY 12804 The Town Clerk is designated as the ADA Coordinator for the Town of Queensbury. Within fifteen (15) calendar days after receipt of the complaint, the ADA Coordinator or his/her designee will meet with the complainant to discuss the complaint and the possible resolutions. Within fifteen (15) calendar days of the meeting, the ADA Coordinator or his/her designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio recording. The response will explain the position of the Town of Queensbury and offer options for substantive resolution of the complaint if such complaint is determined to have validity. If the response by the ADA Coordinator or his/her designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within fifteen (15) calendar days after receipt of the response to the Town Supervisor or his/her designee. Page 1 of 2 Within fifteen (15) calendar days after receipt of the appeal, the Town Supervisor or his/her designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with the Town of Queensbury's final resolution of the complaint, or indicating that the matter has been returned to the ADA Coordinator for further action. If further response is indicated,the complainant will be contacted within fifteen (15)calendar days. All written complaints received by the ADA Coordinator or his/her designee, appeals to the Town Supervisor or his/her designee, and responses from these two offices will be retained by the Town of Queensbury for at least three (3) years. In the event of a demand for release of such complaints under the Freedom of Information Law, all information identify the complainant(s) will be redacted, including, but not limited to,the name and address of the complainant. Source materials: • 2011 Town of Queensbury Grievance Procedures Under the Americans with Disabilities Act • NYSCHR Exhibit 5-14 • ADA Toolkit, Chapter 2. • http://www.ada.2ov/pcatoolkit/chap2toolkit.htm Page 2 of 2 NOTICES\AMERICANS WITH DISABILITIES ACT-4-4-16 NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), the Town of Queensbury will not discriminate against qualified individuals with disabilities on the basis of disability in its services,program, or activities. Employment: The Town of Queensbury does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA. Effective Communication: The Town of Queensbury will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in Town of Queensbury programs, services, and activities, including 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. Modifications to Policies and Procedures: The Town of Queensbury will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. For example, individuals with service animals are welcomed in Town of Queensbury offices, even where pets are generally prohibited. 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 Town of Queensbury, should contact the office of the Town Clerk/ADA Coordinator, 742 Bay Road, Queensbury NY 12804 or by telephone at (518) 761-8234 as soon as possible but no later than 48 hours before the scheduled event. The ADA does not require the Town of Queensbury to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. Complaints that a program, service, or activity of the Town of Queensbury is not accessible to persons with disabilities should be directed to the office of the Town Clerk/ADA Coordinator, 742 Bay Road, Queensbury NY 12804 or by telephone at(518)761-8234. The Town of Queensbury will not place a surcharge on a particular individual with a disability or any group of individuals with 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. Dated: April_,2016 CAROLINE H. BARBER Town Clerk Town of Queensbury