ADA_Grievence_Procedure_New.pdf

City of Wheat Ridge, Colorado Americans with Disabilities Act (ADA) Grievance Procedure

This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA"). Complaints that a program, service, activity, or facility of the City of Wheat Ridge is not accessible to persons with disabilities should be directed to the ADA Coordinator. Employment-related complaints of disability discrimination are governed by the City's Personnel Policies Manual through the Human Resources department.

Step 1 - Filing of Complaint

Complaints should be filed online by the affected individual or a representative of that individual using the form located at ci.wheatridge.co.us/ADA/ReportanADAconcern

A complaint should be filed as soon as possible but must be no later than sixty (60) calendar days after an incident or the receipt of information of such alleged non-compliance, unless the time for filing is extended by the designated agency for good cause shown.

Step 2 – Conduct Investigation

The ADA Coordinator, or other authorized representative, will contact the complainant within Ten (10) working days to:

a. Acknowledge receipt of the complaint by the investigator,

b. Confirm the complainant wishes to go forward with the complaint, and

c. Confirm there are allegations that need to be investigated and resolved.

Within fifteen (15) working days of the receipt of the complaint, the ADA Coordinator or authorized representative will commence the investigation into the merits of the complaint. If necessary, the ADA Coordinator or other authorized city associate will contact the complainant directly to obtain additional facts or documentation relevant to the grievance.

Step 3 – Written Response to Complaint

The ADA Coordinator or other authorized City representative shall prepare a written decision, after full consideration of the merits of the grievance, no later than twenty-five (25) working days following the receipt of the grievance. A copy of the written decision shall be emailed to the complainant no later than five (5) working days after preparation of the written decision. The complaint may request this notification also come via mail. The response will explain the position of the City and offer options for substantive resolution of the complaint when appropriate. The resolution by the City of any one grievance does not constitute a precedent upon which the City is bound or upon which other complaining parties may rely.

Step 4 – Appeal to the Deputy City Manager (if required)

If the complainant is dissatisfied with the written decision or the City’s handling of the complaint at any stage of the process, he or she may file a written appeal to the Deputy City Manager no later than thirty (30) calendar days of the date of the mailing of the decision. The appeal must contain a statement of the reasons why the complainant is dissatisfied with the written decision and must be signed by the complainant or by someone authorized to do so on the complainant's behalf. The Deputy City Manager will act upon the appeal no later than twenty (20) working days after receipt, and a copy of the written decision shall be forwarded to the complainant no later than five (5) working days after preparation of the decision.

Dismissal of Complaint

A complaint may be dismissed for the following reasons:

a. The complaint is untimely filed.

b. The complaint does not allege a basis covered by the statutes for which the City of

Wheat Ridge is responsible.

c. The complaint does not allege any harm with regard to covered a program, service, activity or facility.

d. The complainant requests the withdrawal of the complaint.

e. The complainant fails to respond to repeated requests for additional information needed to process the complaint.

f. The complainant cannot be located after reasonable attempts.

The ADA Coordinator shall maintain the confidentiality of all files and records relating to grievances filed, unless disclosure is authorized or required by law. Any retaliation, coercion, intimidation, threat, interference, or harassment for the filing of a grievance, or used to restrain a complainant from filing, is prohibited and should be reported immediately to the City ADA Coordinator.

Filing a complaint with the City ADA Coordinator does not preclude a complainant from filing a grievance directly with the United States Department of Justice (USDOJ) or other appropriate state or federal agency.

All written complaints received by the ADA Coordinator and responses will be retained by the City for at least three (3) years.