Administrative Policy & Procedure Number 200.055

Policy

Pursuant to title II of the Americans with Disabilities Act (ADA) and corresponding federal regulations, the City, in its services, programs, and activities, adopts grievance procedures for discrimination against qualified individuals with disabilities on the basis of disability.

References

Americans with Disabilities Act (ADA) of 1990, 42 U.S.C. Section 12101 et. seq.
28 C.F.R. Section 35.107

Description & Implementation

Overview

These procedures cover complaints filed under the Americans with Disabilities Act of 1990, relating to any program, facility or activity managed by the City of Spokane Valley. The procedures do not deny the right of complainant to file formal complaints with other state or federal agencies or to seek private counsel for complaints alleging discrimination or accommodated barriers to access. Effort will be made to resolve complaints informally at the city level. The option of informal mediation meeting(s) between affected parties and a designated mediator may be utilized for resolution. Intimidation or retaliation of any kind is prohibited by law.

Complaint Requirements

Who May File
Any individual, group of individuals or entity that believes they have been discriminated against on the basis of disability or faced accommodated barriers to access as defined by the ADA may file a complaint.

Format & Content
The complaint must be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Upon request, alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities.

When & Where to File
The complaint should be submitted as soon as possible but no later than 60 calendar days after the alleged violation. It must be submitted to:
John Whitehead, Citywide ADA Coordinator
10210 E Sprague Avenue
Spokane Valley, WA 99206

Procedure After Complaint Is Received

Ensuring Complaint Jurisdiction & Sufficiency
After receiving the written complaint, the Citywide ADA Coordinator, in consultation with other city offices, will determine its jurisdiction, acceptability, need for additional information and the investigative merit of the complaint. If the complaint is incomplete, the ADA Coordinator will promptly notify the complainant what must be done for a complete complaint.

Providing Respondent Complaint Information
Once a complete complaint is received, the ADA coordinator will provide the City department responsible and the respondent (subject of complaint) the complaint information within 5 calendar days.

Respondent's Opportunity to Respond
The city will provide the respondent with the opportunity to respond in writing to the allegations. The respondent will have 10 calendar days after receiving the notice of the complaint to furnish the city with a written response to the allegations.

Investigative Report
Within 60 days of receipt of the original, completed complaint, the ADA Coordinator will prepare a written investigative report for the appropriate department director, the Deputy City Manager, and the City Manager. The report shall include a narrative description of the incident, identification of persons interviewed, findings and recommendations for disposition. The recommendation shall be reviewed by the City Attorney's office, which may discuss the report and recommendations with the ADA Coordinator and other appropriate departmental staff. The report will be modified as needed and finalized for its release to the parties.

Notification of Decision
Once the investigative report becomes final, briefings will be scheduled with each party within 15 days. Both the complainant and the respondent shall receive a copy of the report during the briefings and will be notified of their respective appeal rights.

Filing a Complaint with the U.S. Department of Justice

The complainant may file a complaint with the U.S. Department of Justice. "A complaint must be filed not later than 180 days from the date of the alleged discrimination unless the time for filing is extended by the designated agency for good cause shown." 28 C.F.R. Section 3 5 .170(b). This is not an appeal, but a separate legal action available independent of the City's grievance procedures.

Log of Complaints

The ADA Coordinator will maintain a log of complaints. This log will keep complaints for at least six years and will contain the following information for each complaint filed:

The name and address of the person filing the complaint
The date of the complaint
The basis of the complaint
The disposition of the complaint
The status of the complaint