City of Nashua, NH Article V Grievance Procedures for Persons with Disabilities

[Amended 12-14-2021 by Ord. No. O-21-079]

§ 50-11 Basis of grievance procedure.

The City hereby adopts an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Department of Justice's (DOJ) regulations (28 CFR Part 35) implementing Title II of the Americans with Disabilities Act (ADA), as amended (42 U.S.C. § 12101 et seq.). Title II states, in part, that "no qualified individual with a disability shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination by any public entity."

§ 50-12 Filing of complaints.

A. A complaint pursuant to this chapter shall be filed in writing, and contain the name, address, phone number, email, or other pertinent contact information of the person filing, and a description of the alleged violation of the regulations described in § 50-11. Any individual having difficulty in filing a complaint in writing may contact the ADA Coordinator for assistance. An ADA grievance form will be made available, or a written document that complies with this section may be submitted.

B. Complaints shall be addressed to the ADA Coordinator, Risk Management Department, 229 Main Street, Nashua, NH 03060, [phone].

C. A complaint shall be filed within 180 calendar days after the complainant becomes aware of the alleged violation. The ADA Coordinator may waive the 180-day requirement when in the exercise of the ADA Coordinator's discretion it is concluded that any delay was justified and not in bad faith and that justice will be served thereby.

§ 50-13 Investigation of complaints.

An investigation, as may be appropriate, shall follow the filing of a complaint pursuant to this chapter. The investigation will be conducted by the ADA Coordinator or the ADA Coordinator's designated representative. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.

§ 50-14 Resolution of complaints.

A written determination as to the validity of the complaint under this chapter and a description of the resolution, if any, shall be issued by the ADA Coordinator and a copy forwarded to the complainant no later than 15 days after a written complaint which meets the requirements of § 50-12A has been filed. The time period for a determination may be extended if such time is reasonable, justified, and not in bad faith.

§ 50-15 Appeal procedure.

A complainant under this chapter can request a reconsideration of the case in instances where the complainant is dissatisfied with the resolution. The request for reconsideration shall be made within 15 calendar days to the Mayor of the City.

§ 50-16 Recordkeeping.

The ADA Coordinator shall maintain the files and records of the City relating to complaints filed under this chapter.

§ 50-17 Rights of individuals.

A. The right of a person to a prompt and equitable resolution of the complaint filed under this chapter shall not be impaired by the person's pursuit of other remedies. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies.

B. This chapter shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and to assure that the City complies with the ADA. This chapter is not intended to be the exclusive grievance procedure for complaints regarding the ADA to the City so long as any other ADA complaint procedures established within the City require that the complaint be filed in writing, and contain the name, address, phone number, email, or other pertinent contact information of the person filing, and a description of the alleged violation of the regulations described in § 50-11.