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A. Should an individual feel that he or she has been inappropriately discriminated against solely due to a disability or disability condition, that individual has the right under the law to file a grievance with the County, if the County is the local entity which is accused of discriminating against said individual.
B. All complaints shall be made in writing, when convenient, or may be recorded by someone other than the complaining individual if they cannot write. Such complaints shall be filed with the Office of the County Administrator.
C. The complaint form shall include the full name, address, and phone number of the complaining individual and briefly state the nature of the complaint, or description of the alleged violation of the ADA regulation.
D. The complaint should be filed within ten (10) business days after the complainant becomes aware of the alleged violation.
E. McHenry County reserves the right under § 504 Title II of the Rehabilitation Act of 1973 of the Civil Rights Act of 1964 to schedule an investigation, as may be appropriate, following the filing of any ADA complaint. Said investigation will be assigned by the Office of the County Administrator, affording all interested persons and/or their representatives, if any, an opportunity to submit evidence relevant to a complaint.
F. Under U.S. Department of Justice regulations, McHenry County will not process complaints from applicants for employment.
G. A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the Office of the County Administrator, and a copy forwarded to the complainant no later than sixty (60) days after its filing.
H. The Office of the County Administrator shall maintain all records of complaints and resolutions, if any, for five (5) years relating to all ADA complaints filed with McHenry County.
I. The complainant may request a reconsideration of the written determination made by the Office of the County Administrator, request for same to be filed in writing no later than fifteen (15) days after a written determination has been sent to the complainant.
J. The right of the person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person’s pursuit of other remedies such as filing of an ADA complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.
K. This policy and procedure shall be construed to protect the substantive rights of interested persons to meet appropriate due process standards, and to assure that McHenry County complies with the ADA and implementing regulations.
(Ord. O-9709-12-81, passed 9-16-1997)