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HomeMy WebLinkAboutCity Clerk - Administration and Management Records - Policy & Procedure Records (56) Page 1 of 4 PUBLIC FACILITIES, RECREATION & SPECIAL EVENTS DEPARTMENT POLICY NUMBER 1.42 ADA COMPLAINT PROCESS March 31, 2021 Section 1 - Administration I. PURPOSE The purpose of this procedure is to provide the public with the opportunity to effectively resolve any Americans with Disabilities Act (ADA) issues that an individual may experience with Public Facilities, Recreation & Special Events (PFRSE) facilities, programs, or services. Filing an ADA complaint with PFRSE does not affect and individual’s right to file a complaint with the U.S. Department of Justice. The U.S. Department of Justice can be contacted at 1-800-514-0301 or at their website at www.ada.gov. II. POLICY The Americans with Disabilities Act (ADA) requires that PFRSE make its facilities, programs , and services accessible to persons with disabilities in accordance with the standards of the ADA. If an individual feels that he or she had been unable to access a PFRSE facility, program, or service because of the lack of accessibility or has been discriminated against because of a disability, the individual should be encouraged to fill out the ADA complaint form. A. The Deputy Director will assume primary responsibility as ADA Coordinator for PFRSE. Initial complaints will be directed to: a. Parks Administrative Support Specialist for ADA concerns regarding physical barriers such as parking, ramps, doorways, etc. b. Senior Recreation Coordinator that oversees adaptive recreation for concerns related to programs and services such as accommodations for alternative communications or programs. B. Confidentiality: The ADA Coordinator shall maintain the confidentiality of all files and records relating to complaints filed, unless disclosure is authorized, required by law, or permission is given in writing by the complainant to release the information. C. Harassment: Any retaliation, coercion, intimidation, threat, interference, or harassment for filing a grievance, or used to restrain a complainant from filing, is prohibited and should be reported to the ADA Coordinator immediately. III. PROCEDURE Receiving a Concern/Complaint: The front desk staff who receive complaints whether by telephone, email, or in-person, will direct the complaint immediately to the Parks Administrative Support Specialist or the Senior Recreation Coordinator based on the type of complaint. Concerns received through GlendaleOne should be routed in the same manner to appropriat e staff. If either is unavailable or if it is not clear where the complaint should go, send the complaint to the Deputy Page 2 of 4 Director (ADA Coordinator). Ensure that the complaint has been received by the intended recipient. Most concerns may be resolved informally at this level. However, staff should document the complaint, communications, and resolution. A. Formal Complaint: If the concern cannot be resolved informally, the Administrative Support Specialist or the Senior Recreation Coordinator will provide the complainant with the complaint form to complete. 1. Step 1: File a complaint form: The complaint form should be filled out as completely as possible. The signed ADA complaint form should be filed with the PFRSE ADA Coordinator within 60 days of the disability-related discrimination complaint. Upon request, reasonable accommodation will be provided to complete the form, including an alternate format. 2. Step 2: Investigation: A notice of receipt will be sent to the complainant by e-mail or mail within five days o f receipt of the complaint. The ADA Coordinator shall begin an investigation into the merits of the complaint within 15 days and schedule a face-to-face meeting with the complainant to review the information and obtain additional information or documentation relevant to the complaint. If the complainant alleges misconduct on the part of the ADA Coordinator, the Director will appoint another staff member to conduct the investigation. 3. Step 3: Written Decision: The ADA Coordinator (or other representative designated by the Director) shall prepare a written decision and when appropriate, in a format accessible to the complainant, after full consideration o f the complaint merits, no later than 45 days following receipt of the complaint. If desired by the complainant, a face-to-face meeting will be scheduled with the complainant to present and review the written decision. A copy of the complaint and written decision and associated documentation will be retained by the ADA Coordinator for three years. 4. Step 4: Appeal: If the complainant is dissatisfied with the written decision, the complainant may file a written appeal with the Director not later than 30 days from the postmark of the original written decision. The appeal must contain a statement of the reasons why the complainant is dissatisfied with the decision and signed by the complainant or someone authorized to sign on the complainant’s behalf. The complainant may request a meeting with the Director to review details of the appeal and provide additional information. A notice of receipt will be mailed to the complainant within five days of receiving the appeal. a. The Director shall act upon the appeal no later than 60 days after the receipt of the appeal. A copy of the Director’s written decision, in a format accessible to the complainant will be mailed to the complainant no later than five days after the preparation of the decision. The decision of the Director shall be final. A copy of the written appeal, the written decision and associated documents will be maintained by the ADA Coordinator for three years. Date: March 31, 2021 Page 3 of 4 Title II Americans with Disabilities Act (ADA) Complaint Form Name: Date: Address: Telephone: Email: _____________________________________________________________________________________ Please fill out completely, sign, date and return to: ADA Coordinator 5970 W. Brown St. (Glendale Adult Center) Glendale AZ 85302 623-930-2820 If you need assistance completing the form and require a different format or other accommodation, please contact the ADA coordinator at (623) 930-2820. My complaint is: (Please be specific and include date, time, location, and names of people who were present). Page 4 of 4 This is what I think should be done: ______________________________________ _______________________ Your Signature Date Please allow up to 15 days for us to respond to your complaint.