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Rules
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RULE
19 - AMERICANS WITH DISABILITIES ACT COMPLIANT PROCESS
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19.1
Purpose:
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To
provide applicants and employees with an effective procedure
whereby employment practices or terms, conditions, privileges
of employment and related issues defined under the Americans
with Disabilities Act may be resolved in a fair, equitable
and timely manner.
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19.2
Responsibility:
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It shall be the responsibility of the City of Sarasota
to provide for the prompt and equitable resolution of
complaints which allege any action prohibited by the Americans
with Disabilities Act.
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19.3
Definition of a Complaint:
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A
complaint is a problem that relates to a specific issue
that has occurred which is alleged to be in violation
of the Americans with Disabilities Act. This covers all
aspects of the employment process, including: application,
testing, hiring, assignments, evaluation, disciplinary
actions, training, promotion, medical examinations, layoff
or recall, termination, compensation, leave and benefits.
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19.4
General Guidelines:
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This
procedure is in addition to whatever procedures may be
available according to Federal Law.
The complainant shall be responsible for providing the
Department of Human Resources with all relevant material
that he or she would like to be considered.
The complaint form may be obtained at the Department of
Human Resources during regular business hours; and the
complaint shall be filed with the Department of Human
Resources within a reasonable amount of time from the
time that the complainant knew or should have known of
the alleged violation.
The Director of Human Resources shall notify the complainant,
within ten (10) working days of receipt of the complaint,
whether or not the complaint has been accepted or rejected.
If the complaint is rejected, the notification letter
shall specify what additional information is needed. The
complainant will then have fifteen (15) days from the
date of the notification letter to complete the complaint
and return it to the Department of Human Resources. If
the complainant fails to do so, the City Manager or City
Auditor and Clerk, for their respective employees, for
those issued under his or her jurisdiction, will close
the complaint without prejudice.
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19.5
Procedure - First Step (Interview): (In some cases
this step may not be applicable.)
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The
complaint must be presented in writing to the Department
of Human Resources. The Director of Human Resources will
process the complaint through the various steps.
The interviewer is encouraged to consult with his or her
Department Head to give them relevant information or assistance
in considering the complainant's complaint.
The interviewer, within seven (7) working days after receipt
of the written complaint, will give the Department of
Human Resources a written response to the complaint or
proposed resolution of the complaint. The interviewer's
response should include the decision and the reason(s)
for the decision.
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19.6
Procedure - Second Step (Department Head):
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Within
three (3) working days after receipt of the interviewer's
written response to the complaint, the Director of Human
Resources, on behalf of the complainant, shall make a
request for an appointment with the Department Head to
discuss the complaint. The Department Head shall hold
the meeting with the Director of Human Resources within
seven (7) working days of receipt of the request.
The Department Head shall within ten (10) working days
after meeting with the Director of Human Resources, advise
the Director of Human Resources in writing of his or her
decision. The Department Head's decision shall state whether
or not the interviewer's decision is being upheld, modified
or reversed by the Department Head and the reasons therefore.
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19.7
Procedure - Third Step (Director of Human Resources):
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The
Director of Human Resources, on behalf of the complainant,
shall, within three (3) working days following receipt
of the Department Head's decision, present the complaint
in writing to the Director of Human Resources for his
or her review.
The Director of Human Resources or his or her designee
shall hear the complaint within seven (7) working days
after the Director of Human Resources submits the request
to him or her on behalf of the complainant.
The hearings shall be open to the public and the Director
of Human Resources shall provide reasonable notice of
each of his or her hearings. Such notice shall contain
the date, time, place and subject of the hearing. A copy
of the notice of hearing or meeting shall be provided
to the complainant, the complainant's Supervisor(s) and
Department Head (if applicable) the City Manager, the
City Auditor and Clerk, for their respective employees,
and the office of Human Resources of the Department
of Human Resources.
The complainant and the City Department Head must be allowed
the opportunity to make presentations in matters relating
to the complaint and to submit related documents or other
evidence.
The complainant and the City Department Head may be required
to submit a list of witnesses they would like for the
Director of Human Resources or his or her designee to
interview, along with a brief summary of the relevancy
of the witness' testimony. The witnesses may be called
at the discretion of the Director of Human Resources or
his or her designee, and, if called, the witnesses shall
be questioned by the Director of Human Resources or his
or her designee.
The technical rules of evidence do not apply to these
hearings; so, relevant evidence, including hearsay, may
be admitted, subject to the Director of Human Resources
or his/her designee's discretion.
The Director of Human Resources or his or her designee
will make a report of his or her findings and recommendations
within ten (10) working days after the conclusion of the
hearing. The report shall include findings of fact, conclusions
of law and a description of a remedy for each violation
found, if any.
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19.8
Procedure - Fourth Step (City Manager/City Auditor and Clerk
for their Respective Employees ):
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The
City Manager or City Auditor and Clerk, for their respective
employees, shall render the final decision in regard to
the complaint.
Prior to making the final decision, the City Manager or
City Auditor and Clerk, for their respective employees,
may or may not elect to have the complainant or City Department
make a presentation to him or her and may seek additional
information as needed. The decision of the City Manager
or City Auditor and Clerk for their respective employees,
shall be final whether or not a presentation was made
by the complainant. The City Manager or City Auditor and
Clerk for their respective employees, shall advise the
complainant in writing of his or her decision in the matter
within seven (7) working days after receipt of the Director
of Human Resources report, or as soon as practical thereafter.
In the event the City Manager or City Auditor and Clerk
for their respective employees, determines that a violation
of the Americans with Disabilities Act has occurred, he/she
shall cause the violation to be remedied as promptly as
feasible considering all relevant factors.
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19.9
Role of the Department of Human Resources:
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The
Director of Human Resources shall serve as a coordinator
between the complainant and management. The coordinator
will be responsible for ensuring that the process is conducted
fairly and in a timely manner. The coordinator shall serve
in an impartial capacity. The coordinator shall serve
as a link between those complainants who need additional
assistance because of a disability.
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19.10
Time Frames:
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If circumstances warrant additional time for further investigation
at any step, except Rule 19.8 (step #4), the request must
be submitted in writing to the City Manager or City Auditor
and Clerk, for their respective employees, as appropriate.
The City Manager or City Auditor and Clerk for their respective
employees, reserves the right to extend any time frames
outlined in Rule 19.
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19.11
Miscellaneous:
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The complainant has the right to discontinue his or her
complaint at any stage of the process.
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