[HISTORY: Adopted by the County Board of McLean County as indicated in article histories. Amendments noted where applicable.]Attachment 1 - ADA Grievance Procedure Form
Article I Americans with Disabilities Act
[Adopted 7-20-1993 (Ch. 23, Art. II, of the 1986 Code)]
The purpose of this policy and procedure is to establish an efficient grievance procedure in compliance with the rules and regulations of the U.S. Department of Health and Human Services and the Department of Justice, i.e., Section 504 of the Rehabilitation Act of 1973 of the Civil Rights Act of 1964, Title II, Section 35.107, as set forth by the Office of Coordination and Review.
The McLean County Board, through the Office of the County Administrator, shall be responsible for receiving, reviewing, and processing valid Americans with Disabilities Act (ADA) grievances as may be filed from time to time by individuals who wish to have a particular policy or physical situation reviewed for ADA compliance.
The attached standard form will be given to any individual who wishes to file an ADA grievance or, if the complaint is telephoned into a County office, will be completed by the appropriate County employee or department head, and immediately forwarded to the Office of the County Administrator for appropriate review and action.
Editor's Note: The Grievance Procedure Form is included as an attachment to this chapter.
It shall be the policy of the County of McLean that no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, or be denied the benefits of, or be subjected to discrimination in programs, services, or activities offered or sponsored by McLean County.
Should an individual feel he or she has been discriminated against solely due to a disability or disability condition, that individual has the right to file a grievance with the County, if the County is the local entity which is accused of discriminating against said individual.
All complaints shall be made in writing, or may be recorded by someone other than the complaining individual if he or she cannot write. Such complaints shall be filed with the Office of the County Administrator.
The complaint form shall include the full name, address, and phone number of the complaining individual and briefly state the nature of the complaint or a description of the alleged violation of the ADA regulations.
The complaint must be filed within 10 business days after the complainant becomes aware of the alleged violation.
The County Administrator shall be responsible for conducting or assigning the investigation into the allegation. Said investigation shall include evidence and statements from those associated with the allegation and may include other documents or evidence as provided following the filing of any ADA complaint. Said investigation will afford all interested persons and/or their representatives, if any, an opportunity to submit evidence relevant to a complaint.
Complaints related to employment with McLean County which are filed by employment applicants will also be governed by this article. Complaints related to employment with McLean County brought forth by employees who allege, on their own behalf or on the behalf of other employees, a violation of ADA standards are not subject to this article.
A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the Office of the County Administrator and a copy forwarded to the complainant no later than 60 days after its filing.
The Office of the County Administrator shall maintain all records of complaints and resolutions filed under this article relating to all ADA complaints with the County of McLean, if any, for five years.
The complainant may request a reconsideration of the written determination made by the Office of the County Administrator. The request for same shall be filed in writing with the Office of the County Administrator no later than 15 days after written determination has been sent to the complainant.
The right of the person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as filing of an ADA complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.
This policy and procedure shall be construed to protect the substantive rights of interested persons to meet appropriate due process standards, and to assure that the County of McLean complies with the ADA and implementing regulations.