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Home My WebLink Aboutord1999-052WHA r COM COUNTY COUNCIL AGENDA BILL NO. 99 -362 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: ginator: GD 8/4 EC E � V E LJ S E P 14 1999 WHATCOM COUNITY CO U N C H L 9/21 Intro Division Head: 10/12/99 Hearing Dept. Head: Prosecutor KF 1 Purchasing/Budget: i Executive: SUBJECT: Ordinance to amend Whatcom County Code, 2.86 American's with Disabilities Act Grievance Procedure and Compliance Committee. ATTACHMENTS: Ordinance. Related County Contract #: Should Clerk schedule a hearing: NO / / YES / X/ Requested Date:9 /28 1MMARY STATEMENT: This proposed ordinance to amend Whatcom County Code 2.86 ADA Grievance Procedure and r Compliance Committee, will allow for the staggering of three of the seven member's terms by increasing their current terms by one year to ensure continuity during the reappointment pro_ cess. Currently, all terms expire on the same date. Ordinance & Resolution Distribution Request m keep down our copying costs indicate only those who must receive a copy after Council action. List names to the right. ADS Facilities Management ADS Finance ADS Human Resources ADS info Services Assessor Auditor Cooperative Extension District Court Executive Health RECOMMENDED ACTION: Approval of ordinance to amend Whatcom County Code, 2.86 ADA Grievance Procedure and Compliance. Committee. Hearing Examiner Jail Juvenile Parks Planning - COUNCIL ACTION TAKEN: 1999-362 9/21/99: Introduced 10/12199: Amended and adopted 7 -0, Ord. #99 -052 Relat Prosecutor Public Works Sheriff Superior Court Treasurer Other Ordinance or Resolutio Number (this item): Dig • ADA.ord 7/22/99 PROPOSED BY: EXECUTIVE SPONSORED BY: CONSENT INTRODUCTION DATE: 9/21/99 ORDINANCE NO. 99 -052 AMENDING WHATCOM COUNTY CODE 2.86, AMERICAN'S WITH .DISABILITIES ACT GRIEVANCE PROCEDURE AND COMPLIANCE COMMITTEE WHEREAS, on July 26, 1990, the federal government signed into law a mandate entitled the Americans with Disabilities Act (ADA); and WHEREAS, Whatcom County complied with the ADA by adopting Ordinance 92 -048 and establishing Whatcom County Code 2.86, Americans with Disabilities Act Grievance Procedure and Compliance Committee; and WHEREAS, upon adoption of Ordinance 92 -048, the initial terms of the ADA Compliance Committee members were not staggered to ensure continuity during the reappointment process; and WHEREAS, it is necessary to establish membership terms, as well as clarify existing code language; and, WHEREAS, the efficiency of the ADA Compliance Committee, as championed by Kurt Dessauer who valiantly fought for ADA Compliance, is vital to our community; NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code 2.86 is hereby amended as outlined in Exhibit A to this ordinance. ADOPTED this 12 day of October , 1999. m. 4 nw_"�Vl IN a-, WWI Dana Brown- Davis, Clerk of the Council APPR ED AS TO FORM: Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, Marlene Dawson, Council Chair (J) A ved O Denied ete Kremen, County Executive Date: /O aS W - (,� Approved EXHIBIT A Chapter 2.86 AMERICANS WrrH DISABILITIES ACT M, GRIEVANCE PROCEDURE AND COMPLIANCE COMMITTEE Sections: 2.86.010 Complaints — ADA Coordinator. . 2.86.020 Complaints — ADA Compliance Committee. 2.86.030 Complaints — County Council. 2.86.040 Alternative remedies. 2.86.050 Records. 2.86.060 Moneys — Budgeting. 2.86.010 Complaints — ADA Coordinator. All complaints regarding access or alleged discrimination under the Americans with Disabilities Act of 1990 shall be submitted in writing to the county's ADA Coordinator in the County Executive's Office. The Coordinator shall ensure a permanent record be made of all complaints and actions taken. The Coordinator shall make a decision regarding any complaint filed within 15 working days after submittal. (Ord. 92 -048 § 1). 2.86.020 Complaints — ADA Compliance Committee. If the complainant is not satisfied with the actions and /or resolution recommended by the Coordinator, the grievance may be carried forward to the ADA Compliance Committee. The ADA Gempliance GeFnFnittee shall be eemprised ef seven members, te membeFs shall be elected efficials fFeFn Whateeffl Geunty, three meffibers shall be fferrt the disabled coFnmunity, and. twe Fflembers shall be ffem the general publie residing iFf Whateem Geunty. The ADA Gemplianee Geffifnittee will establish rules and access te and partiei, Me facilities, services, activities and . The Committee shall hear all complaints in a public forum and shall give adequate public notice. The Committee shall issue a written decision within 45 days after receiving a compliant. All proceedings of the Committee will be recorded, transcripted and maintained in a permanent record. (Ord. 92 -048 § 2). 2.86.030 Complaints — County Council. If the complainant is still not satisfied with the ADA Compliance Committee's recommendations, the complaint may be filed with the County Council. The Council will convene an open public hearing with adequate notice and a final determination shall be rendered within 30 days of the hearing. All decisions by the County Council are final with no further recourse through this process. (Ord. 92 -048 § 3). 2.86.040 Alternative remedies. Other remedies are available through the U.S. Department of Justice or other appropriate federal agency, or through the filing of a lawsuit in state or federal district court. These remedies may be independently pursued outside of this grievance procedure and are in no way linked to this process. (Ord. 92 -048 § 4). 2.86.050 Records. A record of any action taken of each request or complaint must be maintained as a part of the records or minutes of each level in the grievance procedure. (Ord. 92 -048 § 5). 2.86.060 Moneys — Budgeting. A. The Executive shall direct each department and division to appoint an ADA liaison who will provide annually to the ADA Coordinator a list of accessibility problems to be considered for budgetary needs. B. The Executive shall direct the ADA Coordinator to work with the ADA Compliance Committee to determine the priority of ADA projects and submit them to the Executive for budgetary consideration. C. The scope of the ADA Compliance Committee's role shall be broadened to act as an advisory council to the Executive regarding ADA compliance issues. D. Moneys identified by the Council to be used for accessibility purposes shall not be diverted to other purposes. (Ord. 96 -010).