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1101. Policy
1102. Employee Grievances
1103. Discrimination Complaint Procedures
1104. ADA Policy

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1100 EMPLOYEE GRIEVANCES AND
DISCRIMINATION COMPLAINTS

1101. POLICY. It is the policy of the City to treat all employees fairly in matters affecting their employment. Every eligible employee shall have an opportunity to resolve matters which affect his/her employment. Every eligible employee with a grievance shall have the right to present the grievance in accordance with the following procedures without fear of reprisal.
1102. EMPLOYEE GRIEVANCE.
      1. The word grievance means a formal, written statement from an eligible employee concerning actions taken by the City on one of the following items: loss of pay, written reprimand, suspension, and termination. Demotions, reclassifications, transfers, reassignments, and changes in shift rotations may not be grieved by an employee unless they are a direct consequence of a disciplinary action to that employee. Performance reviews and promotions cannot be grieved.
      2. The wording eligible employee means any regular full-time and regular part-time employee. Discharge of an employee shall not preclude access to the grievance procedure.
         1. The City Manager shall not have access to the grievance procedure.
         2. Executive employees shall have recourse to the grievance procedure, but may only grieve terminations and disciplinary actions which result in loss of pay. Executive employees include Department Directors, the City Attorney and Assistant City Manager.
         3. Executive employees and any other employees who report directly to the City Manager shall follow the grievance procedures as outlined in this section.
      3. Before an employee files a formal written grievance, the employee and his/her immediate supervisor must make a good faith effort to resolve the issue, except in situations where a special hearing officer was appointed to conduct the Loudermill . A good faith effort shall consist of a face-to-face meeting between the employee and his/her immediate supervisor to discuss the issue and resolution. The filing of a formal, written grievance shall not preclude continuing a good faith effort to resolve the grievance. The good faith effort does not extend the time limit(s) included in the grievance procedure.
      4. When a special hearing officer was appointed to conduct the Loudermill, the employee may by pass the “good faith effort” of a face-to-face meeting with the immediate supervisor and the filing of a formal written grievance with the employee’s Department Director. Under these circumstances, the employee file their formal written grievance directly with the City Clerk’s Office within (7) seven business days following the event on which the grievance is based.
      5. Within (7) seven business days following the event on which the grievance is based, an eligible employee may file a formal written grievance with the Department Director. The good faith efforts shall have taken place in order for the formal written grievance to proceed.
         1. The grievance must be filed on forms available at the Human Resources Department, City Clerk’s Office, EEO/Training Office, and the Department Director’ s Office.
         2. The grievance must be specific and refer to an issue that can be grieved. The contents of a formal written grievance and settlement desired cannot be changed after it is submitted.
         3. A copy of the grievance shall be immediately forwarded by the Department Director to the Human Resources Director, the EEO Officer, and the immediate supervisor of the employee.
      6. Within (7) seven business days after receipt of the formal grievance and after reviewing all the facts pertaining to the grievance, the Department Director or his/her designee shall provide a written response to the employee who filed the grievance.
      7. If the Department Director does not respond to the employee grievance within (7) seven business days, the grievance will be automatically appealed to the Personnel Appeals Board.
      8. If the decision of the Department Director is not satisfactory to the employee who has filed a grievance, the employee may, within (7) seven business days of receipt of this decision, appeal that decision in writing to the Personnel Appeals Board.
         1. The employee’s written appeal to the Personnel Appeals Board shall be filed with the City Clerk or his/her designee.
         2. The appeal to the Personnel Appeals Board must include a copy of the original City of Las Cruces Employee Grievance Form (and all pertinent attachments provided by grieving party and/or Department Director).
         3. The appeal must not contain any changes, deletions or addendum’s to the initial grievance, settlement desired and/or reply.
      9. Should the Department Director’s response to the Grieving Party indicate that the issue cannot be grieved under City procedures and the Grieving Party nonetheless files an appeal with the City Clerk, the following shall apply:
         1. This appeal will be forwarded to the Personnel Appeals Board Chairperson or his/her designee for review. Within (15) fifteen business days, the Chairperson will issue a decision as to whether the Personnel Appeals Board will accept the appeal for a hearing. The decision of the Chairperson or his/her designee shall be based on the provisions outlined in this section.
         2. An affirmative decision will allow the appeal to proceed. A denial will end the internal administrative remedies.
      10. The established grievance procedure shall be followed except for:
          1. All collective bargaining units will follow the grievance procedures in their negotiated contracts.
      11. Within (15) fifteen business days from the filing of the employee’s appeal, the City Clerk or his/her designee, with the concurrence of the Chairperson of the Personnel Appeals Board, shall schedule a hearing on the grievance before the Personnel Appeals Board. Posting of the notice shall be prepared by the City Clerk or his/her designee at least (7) seven days prior to the hearing. The notice shall also be distributed to the Grieving Party, Chairperson of the Personnel Appeals Board and Board members, the immediate supervisor of the Grieving Party, his/her Department Director, the Human Resources Director, EEO Officer, and City Manager.
      12. The hearing shall be closed to the public, unless the grieving party requests otherwise.
      13. The following shall constitute the conditions of representation during a hearing before the Personnel Appeals Board:
          1. The employee who has filed a grievance will represent himself/herself before the Personnel Appeals Board. The Grieving Party may have (1) one observer of his/her choice present at the hearing.
          2. The immediate supervisor of the employee who has filed a grievance will represent the City in grievance hearings before the Personnel Appeals Board. One (1) next level supervisor may serve as an observer during the hearing.
          3. Observers for the Grieving Party and the City will not participate in any manner during the hearing before the Personnel Appeals Board. Failure to adhere to this requirement and/or for being disruptive, may force the exclusion of the observer(s) from the hearing. The Personnel Appeals Board shall make the determination on excluding an observer. The Grieving Party and the immediate supervisor are responsible for providing the observer(s) with any information and documents. The observer(s) shall be identified and his/her name(s) provided to the Personnel Appeals Board (7) seven business days prior to the hearing.
          4. If the Grieving Party is the City Attorney, or a staff Attorney, the City will be represented by an attorney of its choice. If the Grieving Party is a Department Director, the City Manager will represent the City.
      14. Neither the City, nor the Grieving Party, nor their observer(s) shall have any direct contact either orally or in writing with any member of the Personnel Appeals Board prior to the hearing, and after the hearing, until the written decision of the Board is made public.
          1. It shall be the responsibility of the City Clerk or his/her designee to schedule or reschedule a hearing, accept the witness list and name(s) of observer(s).
          2. It shall be the responsibility of the Grieving Party and the City to provide any other information, documentation or copies requested by the Chairperson of the Personnel Appeals Board.
          3. All pertinent documents shall be provided to the City Clerk or his/her designee at least (7) seven business days prior to the scheduled hearing.
          4. The Personnel Appeals Board shall use its discretion as to whether to accept a document(s) not submitted in a timely manner.
      15. The City shall provide an employee who will make an audio recording of the proceedings. A grieving parting desiring a complete verbatim transcript shall provide for such a report at his/her expense.
      16. The Personnel Appeals Board shall have authority to call for the attendance of a reasonable number of pertinent witnesses and the production of documents, to swear witnesses, to examine witnesses, including the employee and his/her supervisor, and to hear all evidence properly brought before it.
          1. All pertinent witness lists shall be provided to the City Clerk or his/her designee at least (7) seven business days prior to the scheduled hearing.
          2. The Personnel Appeals Board shall use its discretion as to whether to accept a witness(es) whose name was not submitted in a timely manner.
          3. The formal rules of evidence shall not control this proceeding. To allow for the orderly calling of witnesses and to avoid down time, the Personnel Appeals Board may request City management to have witnesses available according to a mutually agreed upon schedule.
      17. Any City employee who is called as a witness before the Personnel Appeals Board is required to attend the hearing. Failure to appear after receiving a written notice may result in disciplinary action.
      18. The EEO Officer, Human Resources Director, City Attorney and their respective staff shall be exempt from being called as a witness for either the Grieving Party or the City except by direct order of the City Manager.
      19. The Personnel Appeals Board shall have no authority to modify job classifications or related wage rates as set forth in Section 22-49 and Section 22-50 of the Personnel Ordinance, nor shall it have the authority to change the intent of any personnel policy or grievance procedure.
      20. The Personnel Appeals Board shall have no authority to grant back pay to any employee for any period prior to the date of the event upon which the grievance is based.
      21. A decision or recommendation of the Personnel Appeals Board in any particular case shall not affect retroactively, or in the future, any other employee grievance.
      22. The decision or recommendation of the Personnel Appeals Board shall be based upon the evidence presented at the hearing. Furthermore, the decision or recommendation shall be specific and pertinent to the grievance issue.
          1. Within (15) fifteen business days from the date of the hearing, the Personnel Appeals Board through its Chairperson or his/her designee shall, at an open meeting, render its decision or recommendation which may then be publicly posted on the City Clerk’s Office bulletin board.
          2. Should the personnel appeals board want to comment on issues that were not contained in the grieving party’s grievance appeal, but were discovered during the hearing, it may do so by submitting a supplemental comment report to the City Manager for his/her review. The supplemental comment report is not considered as or made a part of the grievance decision or recommendation.
          3. The Personnel Appeals Board shall immediately send a copy of the decision/recommendation to the City Manager, the Department Director, the EEO Officer, the Human Resources Director, and the grieving party.
          4. The City Manager must approve or reject, in writing, the recommendation of the Personnel Appeals Board which deals with the termination of an employee. A grievance recommendation relating to a termination that is rejected by the City Manager shall end the internal administrative remedies.
          5. Decisions rendered by the Personnel Appeals Board on the grievance issues of loss of pay, written reprimand, suspension OR demotions, reclassifications, transfers, reassignments and changes in shift rotations resulting from a disciplinary action shall be final and binding on all parties.
      23. Any grievance not filed pursuant to the provisions of this procedure within (7) seven business days of the event on which such a grievance is based, shall be deemed to have been waived and no relief shall be granted thereon.
1103. DISCRIMINATION AND HARASSMENT POLICY: The City does not tolerate any form of unlawful discrimination on the basis of race, religion, sex, sexual orientation, gender identity, color, ancestry, serious medical condition, national origin, age, or disability, in city employment, city operated programs, services or facilities.
      The City believes that all employees are entitled to a workplace free of harassment and expects employees to treat each other and our customers with courtesy and respect. Conduct which violates this policy includes, but is not limited to foul language, dirty jokes or comments pertaining to race, religion, sex, sexual orientation, gender identify, color, ancestry, serious medical condition, national origin, age, or disability, regardless of whether the conduct was intended or not intended to offend or intimidate.
      1. Discriminatory practices include:
         1. Harassment on the basis of race, religion, sex, sexual orientation, gender identity, color, ancestry, serious medical condition, national origin, age, or disability. Harassment is a form of discrimination.
            1. Sexual harassment includes: requests for sexual favors, unwelcome sexual advances and other non-verbal, verbal or physical conduct of a sexual nature that creates a hostile environment for persons of either gender.
            2. A hostile environment is a result of severe or pervasive harassment that substantially interferes with an individual’s work performance. The harassment must have been unwelcome and offensive to the victim and of a nature that would be offensive to the reasonable person.
               1. The hostile environment standard applies to harassment on the basis of race, religion, sex, sexual orientation, gender identity, color, ancestry, serious medical condition, national origin, age, or disability.
               2. Examples of harassing conduct include, but are not limited to:
                  1. Sexual harassment: requests for sexual favors, sex oriented verbal kidding, teasing, jokes, comments, display of sexually suggestive objects or pictures, physical contact such as hugging, patting, or brushing up against another’s body.
                  2. Gender or sex harassment: gender based jokes or comments;
                  3. Race or national origin harassment: epithets, slurs, or negative stereotypical comments, jokes or cartoons;
                  4. Age harassment: stray remarks or jokes relating to a person’ s age.
                  5. Disability harassment: Disparaging remarks, slurs or jokes relating to a person’s physical or mental disability.
                  6. Religious harassment: Coercion of employee participation in religious activities, verbal attacks or religious slurs.
                  7. Employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, religion, or ethnic group, or individuals with disabilities.
                  8. Denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability.
                  9. Retaliation to an employee who takes one of the following actions: filing a complaint of discrimination, participating in a discrimination investigation, opposing discriminatory practices or exercising any other right under federal anti-discrimination laws. The City will not tolerate employment based retaliation and any violation should be reported immediately.
         2. Conduct prohibited by this policy is unacceptable in the workplace and in any work-related setting outside the workplace, such as during City business trips, City business meetings, conducting City related business and City business-related social events.
         3. If an investigation determines that discrimination, harassment or retaliation indeed occurred, the offender will be subject to corrective action and/or disciplinary action up to and including termination.
      2. PROCEDURES
         1. The City encourages the use of its preventive and corrective opportunities and an individual who feels that he/she has been a victim of discrimination may make a complaint, without fear of retaliation, according to the following procedures:
            1. Within (30) business days of the alleged discriminatory incident, the complainant, at his/her discretion, shall make a complaint to any one of the following desinated representatives: Any City supervisor or Department Director, the City EEO Officer, the City Human Resources Director, the City Attorney, or the City Manager.
            2. The complainant shall make contact with one of the above designated representatives or his/her designee in order to properly bring forward a complaint.
            3. The complainant may use the City’s Discrimination Complaint Form to file a complaint. Other formats such as memorandums, handwritten statements, e-mail messages or other formats may also be acceptable. Verbal complaints shall be converted into a written format as soon as practical by the designated representative. The designated representative will forward the complaint to the City EEO Officer, Human Resources Director and/or the City Attorney within (24) twenty four hours of receipt. Complaints which are submitted anonymously may not be accepted.
            4. An employee who believes that he/she is a victim of discrimination, harassment and/or retaliation in the workplace has an affirmative duty to report such conduct.
            5. The City encourages employees to report sexual harassment from non-City employed individuals, such as vendors or others who may use City facilities or services. In this event, the Department Director of the complainant shall take the necessary action to address the harassment.
            6. Supervisors have a duty to pro-actively address workplace issues that deal with discrimination and harassment under the theory of they “knew or should have known of the harassment”. Additionally, inappropriate supervisor conduct is not acceptable. A supervisor who fails to take appropriate action under this section or otherwise engages in inappropriate conduct will be subject to disciplinary action.
            7. To the extent possible, the confidentiality of the person making the complaint and that of the respondent will maintained.
               1. Information contained in the report of inquiry may be used in disciplinary actions resulting from the investigation.
               2. EEO investigative reports are deemed confidential unless otherwise directed by a competent court of jurisdiction or by order of the City Manager.
               3. Therefore, if an EEO investigation is the basis of disciplinary action, the employee will be provided a summary of the investigation.
               4. Investigation documentation shall not be photocopied or disseminated beyond the EEO Office, City Attorney’s Office, City Manager’s Office and Human Resources Department. “Relevant documentation ” for purposes of any resulting Loudermill shall consist of a summary of the findings.
               5. Investigation documentation shall remain confidential, to the extend allowed by law, and shall not be photocopied or disseminated beyond the EEO Office, City Attorney’s Office, City Manager’s Office and Human Resources Department.
            8. Within (5) five business days from the receipt of the complaint, the City EEO Officer, or in the absence of the City EEO Officer, an individual designated by the City Manager, shall begin an investigation of the complaint.
               1. City employees shall cooperate with an investigation and be truthful with the investigator. Failure to cooperate and to be truthful may result in disciplinary action.
            9. Within (45) forty five business days from the beginning of the investigation, the City EEO Officer or designated individual, shall submit a confidential written report of inquiry to the City Attorney.
            10. The City Attorney or his/her designee shall have (14) fourteen business days to review the report and to issue a written determination on whether a discriminatory practice has occurred.
            11. Within (5) five business days of receipt of the determination, the City Manager or his/her designee shall review the determination and report. The City Manager will forward the determination to the respondent’s Department Director for appropriate action, if necessary. Disciplinary action shall be consistent with City policy and procedures. The City Manager shall forward a copy of the determination, along with the report to the City EEO Officer.
      3. NOTIFICATION:
         1. The City EEO Officer shall notify the complainant of the determination.
         2. The Department Director shall notify the respondent of the determination.
      4. EXTERNAL COMPLAINTS:
         1. If the determination is not satisfactory to the complainant, and the complainant is a City employee, the City EEO Officer shall advise the complainant that he/she has further recourse to the New Mexico Department of Labor Human Rights Division or the United States Equal Employment Opportunity Commission. If the complainant is not a City employee, he/she will be advised of the right to file a complaint with the New Mexico Department of Labor Human Rights Division or the United States Equal Employment Opportunity Commission. For disability complaints not related to employment, an individual may contact the United States Department of Justice.
         2. Individuals may also file directly with the following agencies:
            1. New Mexico Department of Labor
               Human Rights Division
               Aspen Plaza
               1596 Pacheco Street
               Santa Fe, New Mexico 87505
               1-800-566-9471
               [Contact within 300 calendar days from incident]
            2. United States Equal Employment Opportunity Commission
               505 Marquette Avenue NW, Suite 900
               Albuquerque, New Mexico 87102
               1-800-669-4000
               [Contact within 300 calendar days from incident]
            3. United States Department of Justice
               Civil Rights Division
               Coordination and Review Section
               P.O. Box 66118
               Washington, D.C. 20035-6118
               1-800-514-0301 (voice)
               1-800-514-0383 (TTY)
               [Contact within 300 calendar days from incident]
1104. AMERICANS WITH DISABILITIES ACT POLICY:
      The City of Las Cruces is committed to the fair and equal employment of qualified persons with disabilities. While many individuals with disabilities can apply for and perform jobs without accommodation, workplace barriers may keep others from entering and performing jobs without reasonable accommodation. It is the policy of the City of Las Cruces to reasonably accommodate qualified individuals with disabilities unless the accommodation would impose an undue hardship.
      1. Definitions:
         1. “Person with a Disability” - For purposes of this policy, a person with a disability is one who:
            1. Has a physical, mental or emotional impairment that substantially limits one or more major life activities; or
            2. Has a record of such an impairment; or
            3. Is regarded as having such an impairment.

         2. “Qualified Person” - A person who:
            1. possesses the knowledge, skills, abilities, education, certification, licensure, and other requirements of the job currently held or desired; and
            2. who, with or without reasonable accommodation, can perform the essential functions of the job currently held or desired.
         3. “Reasonable Accommodation” - A reasonable accommodation is any modification or adjustment to a job, the work environment, or the way in which the work is customarily done, that makes it possible for a qualified individual with a disability to perform the essential functions of the job and ensure equal employment opportunity, without undue hardship.
         4. “Direct Threat” - A direct threat is as a “significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation. ” The City will not hire nor retain an employee who poses a direct threat that cannot be reduced to an acceptable level or eliminated by providing a reasonable accommodation.
         5. “Undue Hardship” - An undue hardship is an action that is unduly costly, extensive, substantial, or disruptive, or that would fundamentally alter the nature or operation of the City.
      2. Procedures:
         1. Notice to Applicants and Employees
            Each functional unit of the City shall post and inform all employees of this reasonable accommodation policy and shall make the policy available in accessible formats upon request.
         2. Starting the Reasonable Accommodation Process
            A person with a disability, or his/her designee, may start the process by making an oral or written request for a reasonable accommodation to his/her supervisor, a supervisor or manager in his/her immediate chain of command; the EEO Office; Human Resources Department; or ADA Coordinator; or, in connection with the application process, the Human Resources Department or hiring unit. This policy does not require people with disabilities to use particular words in their request; nor does it require the person with the disability to submit a written form. The form provided is for convenience only, and may be completed by either the requesting or receiving person.
         3. Processing Requests
            1. First-line supervisors are authorized to consider and approve requests for reasonable accommodation whenever possible. Within two working days of receiving a request for accommodation, the supervisor shall, in consultation with the individual:
               1. Discuss the purpose and essential functions of the particular job involved.
               2. Completion of a step-by-step job analysis may be necessary; the Human Resources Department shall be available to perform or assist in the completion of a job analysis,.
               3. Determine the precise job-related limitation(s);
               4. Identify the potential accommodation(s) and assess the effectiveness each would have in allowing the individual to perform the essential functions of the job; and
               5. Select and implement the accommodation that is the most appropriate for both the individual and the employer. While an individual’s preference will be given consideration, the department can choose from among equally effective accommodations and may choose the one that is less expensive or easier to provide.
            2. The supervisor will document this discussion on the attached Reasonable Accommodation Request Form and forward the completed form to the ADA Coordinator. The ADA Coordinator is available to provide technical assistance.
            3. If the front-line supervisor is unable to make a definitive decision, for whatever reason, about providing the accommodation, he/she shall forward a written request for accommodation along with his/her recommendation to the ADA Coordinator within 5 working days following the employee’s request.
            4. If the ADA Coordinator is unable to make a definitive decision after receipt of all supporting documentation from the employee and/or physician, the ADA Coordinator will forward a written request, along with his/her recommendations to the City Manager within 5 working days from the date the supporting documentation has been received.
            5. The City Manager will provide a decision in writing to the ADA Coordinator and employee within 5 working days.
         4. Determination of Disability
            The determination of whether or not an ADA disability is present will be made by the ADA Coordinator on a case-by-case basis. This determination is made on the basis of information provided by the employee/applicant and medical information by the treating physician, if required, and with consideration of mitigating or corrective measures.
         5. Medical Information:
            1. The City is entitled to know that an individual has a covered disability that requires a reasonable accommodation. Therefore, the City may ask for medical information about the disability, including:
               1. The nature, severity and duration of the impairment;
               2. The activity or activities that the impairment limits;
               3. The extent to which the impairment limits the individuals’ ability to perform the activity or activities/ and or
               4. Why the individual requires reasonable accommodation or the particular reasonable accommodation requested, as well as how the reasonable accommodation will be effective.
            2. If the disability and/or need for accommodation is not obvious, or if information already submitted by the individual is insufficient for the city to make these determinations.
            3. The City may also request supplemental documentation when the information already submitted is insufficient to document the disability and/or the functional limitations it causes. Failure to provide necessary documentation where it has been properly requested could result in a denial of reasonable accommodation.
            4. Any medical documentation required, will be collected and maintained on separate forms and in separate files by the ADA Coordinator.
            5. When medical information is requested and received, the information may be disclosed to those involved in determining whether to grant the reasonable accommodation.
         6. Timeframes
            1. Within 30-days of a requested accommodation, the request will be granted or denied, absent extenuating circumstances, however, where a particular accommodation can be provided in less time, it shall be provided as promptly as possible.
            2. Extenuating circumstances that would justify not processing a request for reasonable accommodation within the 30-day maximum, are factors that could not reasonably have been anticipated or avoided in advance of the request. These may include situations in which equipment must be ordered or if the individual’s health professional fails to provided necessary documentation in a timely manner.
         7. Reassignment
            1. Reassignment is a form of reasonable accommodation for an employee who, because of a disability, can no longer perform the essential functions of the position s/he holds, with or without reasonable accommodation. Reassignment consideration will occur only after no effective accommodations that would enable the employee to perform the essential functions of his/her current job are identified, or if accommodations would impose an undue hardship. Reassignment is available only to employees, not to applicants.
            2. Reassignments are made only to a vacant position for which the employee is qualified. An employee will be qualified if s/he (1) satisfies the requisite skill, experience, education, and other job-related requirements of the position, and (2) can perform the essential functions of the position with or without reasonable accommodation.
            3. If reassignment is determined to be the appropriate accommodation, the Human Resources Department shall first look for an equivalent vacant position in the City, equivalent to the one presently held by the employee in terms of pay and other job status.
            4. If the employee is not qualified, with or without reasonable accommodation, for an equivalent vacant position (or a position the City knows will become vacant within a reasonable period of time) or no equivalent vacant position exists, the City may reassign the individual as a reasonable accommodation to a lower graded vacant position for which the employee is qualified. If this occurs, the City is not required to maintain the individual’s salary at the previous level.
            5. The City is not required to create a new job or to bump another employee from a job in order to provide reassignment as a reasonable accommodation.
         8. Denials of Reasonable Accommodation
            Where a department denies an individual’s request for a reasonable accommodation, it must notify the individual in writing of the denial and the reasons for it. The denial should be written in plain language with as much specificity as possible, and identify the employee or office that made the decision. All denials must notify the individual that s/he has the right to file an EEO complaint.
      3. Job Application Process
         1. The Human Resources Department shall post and notify all applicants of this accommodation policy and shall make this policy available in alternative formats upon request.
         2. When a request for accommodation is received from an applicant, the Human Resources Department will discuss the needed accommodation and discuss possible alternatives with the applicant. The Human Resources Department is entitled to know that an individual has a covered disability that requires a reasonable accommodation. Therefore, the Human Resources Department may ask for information about the disability, including:
            1. The nature, severity and duration of the impairment;
            2. The activity or activities that the impairment limits;
            3. The extent to which the impairment limits the individuals’ ability to perform the activity or activities/ and or
            4. Why the individual requires reasonable accommodation or the particular reasonable accommodation requested, as well as how the reasonable accommodation will be effective;
            5. If the disability and/or need for accommodation is not obvious, or if information already submitted by the individual is insufficient for the city to make these determinations.
         3. The Human Resources Department will make a decision regarding the request for accommodation and, if approved, take the necessary steps to see that the accommodation is provided.
         4. If the accommodation is not approved, the Human Resources Director will inform the applicant the reason for denial, in writing, within 3 working days of the decision.
      4. Funding Accommodations:
         Funding must be provided by the Department for accommodations which do not cause an undue hardship.
      5. Undue Hardship:
         1. Any department concluding a requested accommodation would result in an undue hardship shall meet with the Human Resources Director to discuss the requested accommodation.
         2. The Human Resources Director, in conjunction with the Office of Budget and Management when the cost of the accommodation is considered, will determine undue hardship by considering:
            1. The nature and cost of the accommodation in relation to the size, the financial resources, the nature and structure of the City’s operation; and
            2. The impact of the accommodation on the nature or operation of the City.
         3. If the Human Resources Director determines the accommodation will impose an undue hardship, the Human Resources Director will forward an undue hardship analysis and recommendation to the City Manager within 5 working days following receipt of the request.
         4. The City Manager will provide a decision in writing to the Human Resources Director, supervisor, and employee/applicant within 5 working days.
         5. If the City concludes that the cost of an accommodation would impose an undue hardship and no funding is available from another source, an applicant or employee with a disability must be offered the option of paying for the portion of the costs that constitutes an undue hardship, or of providing the accommodation.
      6. Complaint Process
         1. Applicants or employees who believe they have a grievance under the ADA are encouraged to use the city’s discrimination policy as outlined in the Manual of Personnel Policies. A copy of this policy is available upon request from the EEO Office or Human Resources Department.
         2. Nothing in this procedure prevents any individual who believes they have a grievance under the ADA from taking other action to seek resolution. The complainant is informed that at any time prior to 300 days having elapsed from the date of occurrence, the complainant may file a formal charge with the U.S. Equal Employment Commission or within 180 days with the New Mexico Human Rights Division.