(A) The ADA complaint/grievance procedures have been established to meet the requirements of the Americans with Disabilities Act (ADA) of 1990 and to provide a safe community for all citizens. These procedures may be used by anyone wishing to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs or benefits by the county.
(B) The complaint/grievance should be in writing and contain detailed information about the alleged discrimination including:
(1) Full name of complainant;
(2) Address of complainant;
(3) Telephone number of complainant; and
(4) Location, date and description of problem.
(C) Alternative methods of filing complaints, such as a personal interview or audio recording of the complaint, will be made available for persons with disabilities upon request. The complaint should be submitted by the complainant and or their designee as soon as possible, but no later than 30 calendar days after the alleged incident to the County ADA Coordinator.
(D) An investigation, if applicable and appropriate, shall follow the filing of a complaint. The investigation shall be conducted by ADA Coordinator or his or her designee. These guidelines are designed to achieve a thorough investigation, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.
(E) Within 15 calendar days of the investigation, the ADA Coordinator, or his or her designee, will respond in writing and where appropriate, in a format accessible to the complainant such as large print, Braille or audio recording. The response will explain the position of county and options for substantive resolution of the complaint.
(F) If the response of the ADA Coordinator, or his or her designee, does not satisfactorily resolve the issue, the complainant and/or his or her representative may appeal the decision within 30 calendar days after receipt of the response to the Board of Commissioners. The appeal should be in written form describing the initial complaint, the initial response and the reasons that the initial response does not satisfactorily resolve the complaint. Alternative means of filing appeals, such as personal interviews of a tape or audio recording of the complaint, will be made available for persons with disabilities upon request to the ADA Coordinator. The appeal should be sent to the same address as the initial complaint was delivered. This request for final reconsideration should be made within 30 working days. The Board of Commissioners will render the complainant an agenda item and a description of the resolution, if any, shall be issued by the Board of Commissioners and a copy forwarded to the complainant no later than 30 working days after the final appeal is filed with the Board of Commissioners.
(G) The right of a person to a prompt and equitable resolution of the complaint filed shall not be impaired by the person’s pursuit of other remedies such as the filing of an ADA complaint with the responsible federal or state agency. Use of the complaint/grievance procedure is not a prerequisite to the pursuit of other remedies. These rules shall be construed to protect the substantive rights of interested persons to meet appropriate due process standards, and to assure that the county complies with the ADA and implementing regulations.
(H) All complaints received by the ADA Coordinator and/or his or her designee, as well as appeals to the Board of Commissioners and responses for same, will be retained by the county for a minimum of five years.
(Res. 07-05-2016, passed 7-5-2016)