(A) The county complies with the Americans with Disabilities Act of 1990, which prohibits discrimination on the basis of disability and protects qualified applicants and employees with disabilities from discrimination in hiring, promotion, discharge, pay, job training, fringe benefits and other aspects of employment.
(B) The county will provide reasonable accommodation to qualified individuals with a disability who, with or without an accommodation, can perform the essential functions of the job, unless the accommodation will impose an undue hardship for the county.
(1) Any person (employee or citizen) who believes that he or she has been subjected to prohibited discrimination may personally, or by legal counsel, file a complaint with the office of the Judge/Executive or the constitutional officer who serves as the agency’s executive authority. A person who has not personally been subjected to discrimination may also file a complaint.
(2) When a person (citizen, applicant or employee) believes he or she has been adversely affected by an act or decision by the county, and that the act or decision was based on disabled status, that person shall have the right to process a complaint or grievance in accordance with the following procedure.
(a) Step one. An aggrieved person shall submit a written statement to the county’s ADA Coordinator, setting forth the nature of the discrimination alleged and facts upon which the allegation is based.
(b) Step two. The ADA Coordinator shall contact the complainant no later than 15 days after receiving the written statement to establish an informal meeting with the objective of resolving the matter informally. However, in no case shall the informal meeting be conducted sooner than five days, nor more than 45 days, after receiving the written statement. There shall be prepared a written documentary of the discussions at the informal meeting, which shall be preserved in the records of the county.
(c) Step three. Within 30 days of the informal meeting, the ADA Coordinator shall issue a written decision on the matter.
(d) Step four. If the complainant is not satisfied with the written decision, he or she may request reconsideration by the Judge/Executive or the agency’s executive authority by filing a written request within 30 days of receiving the ADA Coordinator’s decision. The Judge/Executive or the constitutional officer shall investigate, which may include holding a meeting with the complainant, and shall make a final, written decision.
(3) Written documentation of the discussions held at the meeting(s) shall be prepared and shall be preserved in the records of the county.
(2001 Code, § 31.005) (Ord. passed 1-14-2000)