ADA Grievance Procedure
This internal grievance procedure has been adopted by the City of Havelock in an effort to provide for prompt and equitable resolution of complaints alleging any action prohibited by Title II of the Americans with Disabilities Act (ADA) or the U.S. Department of Justice regulations implementing the ADA. Title II of the ADA states, in part, that "no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination" in programs or activities sponsored by a public entity.
- A complaint alleging a violation of the ADA shall be filed in writing and contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations. The ADA Coordinator will accept verbal complaints when circumstances arise in which written complaints clearly cannot be made, e.g. when a disability prevents an individual from filing a written complaint.
- A complaint shall be filed within 5 days after the complainant becomes aware of the alleged violation.
- An investigation, as may be appropriate, shall be conducted with a reasonable amount of time following the filing of the complaint. The investigation shall be conducted by the ADA Coordinator or his/her designee. This procedure contemplates informal but thorough investigations, through which the City of Havelock will endeavor to afford all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.
- The ADA Coordinator shall respond to the validity of and nature of the findings with respect to the complaint, if any. The ADA Coordinator will respond verbally concerning his or her findings, or when deemed appropriate the ADA Coordinator will respond in writing. Complaints that can be handled informally will be addressed by a verbal response. The complainant will be notified in a timely manner, taking into account the nature and extent of The City of Havelock's investigation, which generally not to exceed thirty days from the date of the filing of the complaint.
- The ADA Coordinator shall maintain the files and records of the City of Havelock relating to any complaints filed.
- The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration shall be made to the ADA Coordinator within 10 days, following the ADA Coordinator's original determination.
- The right of a person to a prompt and equitable resolution of any complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of an ADA complaint with the U.S. Department of Justice or other responsible federal department or agency. Use of this procedure is not a prerequisite to the pursuit of other remedies.
- These rules shall be constructed to protect the substantive rights of interested persons to meet appropriate due process standards and to assure that the City of Havelock complies with the ADA and implementing regulations.