I. RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 4319, approving the City of Coalinga Americans with Disabilities Act (ADA) Grievance Procedure and designating Administrative Analyst Mercedes Garcia as the ADA Coordinator.
II. BACKGROUND:
The Americans with Disabilities Act of 1990 (ADA) requires public agencies to adopt and publish a grievance procedure providing for the prompt and equitable resolution of complaints alleging discrimination on the basis of disability in the provision of services, programs, or activities.
The City of Coalinga previously adopted an ADA Transition Plan (2014), which outlines the City’s strategy for removing physical barriers within the public right-of-way and achieving compliance with ADA requirements. The Transition Plan identifies the City’s responsibility to develop an ADA complaint and grievance procedure; however, a formal standalone procedure has not previously been adopted by the City Council.
As part of ongoing efforts to ensure compliance with ADA requirements, the City has prepared a formal Grievance Procedure to complete this required component.
The proposed procedure applies to non-employment related complaints of disability discrimination. Employment-related complaints continue to be governed by the City’s Personnel Policies.
III. DISCUSSION:
The proposed ADA Grievance Procedure establishes a clear, structured, and accessible process for individuals to submit complaints and for the City to respond in a timely and equitable manner. Key components include:
- Complaints must be submitted within sixty (60) calendar days of the alleged violation and may be submitted in alternative formats to accommodate individuals with disabilities.
- The ADA Coordinator (or designee) will investigate complaints within fifteen (15) calendar days of receipt.
- The City will attempt to resolve complaints informally; if unresolved, a written response will be issued within sixty (60) calendar days.
- Complainants may appeal the determination to the City Manager within fifteen (15) calendar days.
- The City Manager (or designee) will issue a final written determination within sixty (60) calendar days of the appeal.
- All records related to complaints and appeals will be retained for a minimum of three (3) years.
The procedure also ensures that communications and responses are provided in accessible formats upon request, including large print, Braille, or audio.
Consistent with best practices, staff recommends designating Administrative Analyst Mercedes Garcia as the City’s ADA Coordinator. This role is appropriately assigned to a staff member responsible for administrative compliance, risk management coordination, and interdepartmental communication, ensuring effective implementation of ADA requirements and timely response to complaints.
Adoption of this Grievance Procedure and designation of an ADA Coordinator will complete a required administrative component of ADA compliance identified in the City’s Transition Plan and demonstrate the City’s commitment to accessibility, transparency, and equitable service delivery.
IV. ALTERNATIVES:
Do not adopt the ADA Grievance Procedure - Not Recommended
The City would remain out of compliance with federal ADA requirements, which require public agencies to maintain and publish a grievance procedure for the prompt and equitable resolution of disability-related complaints.
Provide alternative direction to staff
The City Council may direct staff to revise the proposed Grievance Procedure; however, any delay in adoption would postpone compliance with ADA administrative requirements.
V. FISCAL IMPACT:
There is no direct fiscal impact associated with the adoption of this procedure. Implementation will be administered by existing staff. |