A. Policy: It is the policy of the county that all programs and activities shall be accessible to and usable by qualified persons with disabilities.
B. Evaluation: The county shall undertake an evaluation, conducted in consultation with citizen groups involving persons with disabilities, of its programs, policies, procedures and facilities in order to determine those areas where discrimination may occur.
C. Compliance With Section 504: The county shall, upon completion of said evaluation, make such revisions, modifications, or other changes so as to fully comply with the letter and intent of section 504 of the rehabilitation act of 1973.
D. Structural Barriers: The county shall, where building modifications are required, develop and implement a transition plan for the timely elimination of structural barriers to citizens with disabilities. (Res. 97-13, 3-17-1997)
E. Grievance Procedure: The following grievance procedure is established to meet the requirements of section 504 of the rehabilitation act, as amended, and the Americans with disabilities act of 1990 (ADA):
1. Right To Submit Grievance: According to these laws, the county, as a recipient of an Idaho community development block grant (ICDBG) funds, certifies that all citizens shall have the right to submit a grievance on the basis of disability in policies and practices regarding employment, services, activities, facilities, or benefits provided by the county.
2. Filing Of Grievance:
a. Required Information: When filing a grievance, citizens must provide detailed information to allow an investigation, including the date, location and description of the problem. The grievance should be in writing and should include the name, address, and telephone number of the complainant.
b. Alternative Means Of Filing: Upon request, alternative means of filing complaints, such as personal interviews or a tape recording, will be made available for individuals with disabilities.
c. Submission Of Complaint; Designation Of Coordinator: The complaint should be submitted by the complainant or his/her designee as soon as possible, but no later than sixty (60) days after the alleged violation. Complaints must be signed and sent to the ADA coordinator who shall be the county treasurer at 415 East Main Street, Emmett, Idaho 83615, telephone (208) 365-3272.
3. Meeting With Complainant: Within fifteen (15) calendar days after receiving the complaint, the treasurer will meet with the complainant to discuss the complaint and possible resolution.
4. Response To Complaint: Within fifteen (15) calendar days after the meeting. The treasurer will respond in writing. Where appropriate, the response shall be in a format accessible to the complainant (such as large print or audiotape). The response will explain the position of the county and offer options for resolving the complaint.
5. Appeal:
a. Right To Appeal: If the response by the county treasurer does not satisfactorily resolve the issue, the complainant or his/her designee may appeal the decision of the county treasurer. Appeals must be made within fifteen (15) calendar days after receipt of response. Appeals must be directed to the board of county commissioners or their designee.
b. Meeting With Board Of County Commissioners: Within fifteen (15) calendar days after receiving the appeal, the board of county commissioners or their designee will meet with the complainant to discuss the complaint and to discuss possible resolutions.
c. Commission Response: Within fifteen (15) calendar days after the meeting, the board of county commissioners or their designee will provide a response in writing. Where appropriate, the response shall be in a format accessible to the complainant. The response shall be accompanied by a final resolution of the complaint.
6. Files; Records: The treasurer shall maintain the files and records of the county pertaining to the complaints filed for a period of three (3) years after the grant is closed out.
7. Methods Of Filing: All individuals have a right to a prompt and equitable resolution. Individuals or classes of individuals who believe they have been subjected to discrimination based on disability have several ways to file a grievance:
a. Use the grievance procedure provided by the county;
b. File a complaint with any agency that provides funding to the county; or
c. File with one of the eight (8) federal agencies designated in the title II regulations.
8. Lawsuit: Under title II, filing a grievance with the county's ADA coordinator, filing a complaint with a federal agency, or filing a lawsuit may be done independently of the others. Individuals are not required to file either a grievance or complaint to bring a lawsuit. Lawsuits may be filed at any time.
9. Federal Agencies: The following are four (4) of the eight (8) agencies where a title II complaint can be filed:
a. Department of Justice, Civil Rights Division, Public Access Station, Post Office Box 66738, Washington, D.C. 20035-9998;
b. Department Of Housing and Urban Development, Community Planning and Development; 451 Seventh Street, Washington, D.C. 20410-4000;
c. Architectural and Transportation Barriers Compliance Board (ATBCB), 1331 F Street NW, Suite 1000, Washington, D.C. 20004-1111;
d. Equal Employment Opportunity Commission (EEOC), 1801 L Street NW, Washington, D.C. 20507. (Res. 97-14, 3-17-1997)