§ 34.10  ADA GRIEVANCE POLICY AND PROCEDURE.
   (A)   Policy. In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), and ADA Amendments Act of 2008, the county does not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs or activities.
   (B)   Grievance procedure.
      (1)   (a)   Any person or their representative may file a grievance if you believe that:
            1.   The county is not in compliance with the physical access requirements of the ADA as it relates to county facilities, land or rights-of-way.
            2.   You, or a specific class of individuals, have been denied access to participate in any county program, service or activity due to your disability.
            3.   You, or a specific class of individuals, have been otherwise subjected to discrimination on the basis of your disability.
            4.   The county has otherwise violated the ADA or its amendments.
         (b)   A grievance should be filed as soon as possible within 60 calendar days of the alleged discrimination.
         (c)   The grievance must be in writing on the county’s grievance form. The grievance form is available from the County Auditor at the County Courthouse.
         (d)   If needed the Auditor will provide assistance completing the grievance form.
         (e)   The grievance form must be filed with the County Auditor either in person or by mailing to:
            Knox County ADA Grievance
            C/O Knox County Auditor
            111 N. 7th St. STE: 5
            Vincennes, IN 47591
      (2)   Investigation and resolution of complaint.
         (a)   The county will investigate the alleged discrimination with 30 calendar days after it is filed.
         (b)   Once the investigation is complete the county will issue a written response to the complainant. This response will be made no later than 40 calendar days after the complaint is filed.
         (c)   If the grievance can not be resolved without the expenditure of funds, then the grievance will be presented to the County Commissioners at their next scheduled meeting. The complainant will be notified in writing of the date, time and place of the meeting.
         (d)   Once the County Commissioners make a decision with regard to the grievance, the complainant will be notified in writing as soon as possible but not later than 30 days after the meeting at which final action is taken.
      (3)   Appeal of decision.
         (a)   Any decision of the County Commissioners may be appealed by submitting a written communication setting forth the complainant’s disagreement with the decision of the County Commissioners within 30 days after receipt of the county’s decision with regard to the complaint. Appeals should be mailed to the address set forth in division (B)(1)(e) of this section.
         (b)   The County Commissioners will review the appeal and respond within 30 days of receipt of the appeal. The County Commissioners may designate a representative of the county to meet with complainant to discuss resolution of the complaint prior to issuing its appeal decision.
   (C)   Other remedies. Nothing in this section shall be deemed to be a prerequisite to a complainant pursuing any and all remedies available under state or federal law.
   (D)   Grievance form. The County Auditor is authorized to adopt a grievance form for use in accordance with the requirements of this section.
(Ord. 2012-12, passed 9-5-2012)