ADA GREIVANCE PROCEDURE
POLICY AND PROCEDURE FOR COMPLAINTS OF DISCRIMINATION ON THE BASIS OF DISABILITY
The purpose of this procedure is to provide a formalized process for elimination and resolution of any discrimination or exclusion from City services of people who are disabled. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Lakeport. The City’s Personnel Policy governs employment related complaints of disability discrimination.
The City will not unlawfully discriminate against an individual or group of individuals on the basis of disability in providing and administrating services, programs, or activities. All eligibility standards, rules, or requirements that unnecessarily screen out individuals with disabilities will be eliminated. Physical barriers which bar or impede access to City programs, activities, or services will be identified and steps to eliminate the situation will be taken to ensure programs are accessible when viewed in their entirety. The City will review its policies and practices to ensure means of communication are effective with applicants, participants, and members of the public.
(1) The complaint should 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. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.
(2) The Complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to: Kelly Buendia, ADA Coordinator and Administrative Service Director, 225 Park Street, Lakeport, CA 95453.
(3) If a complaint is regarding building or facility inaccessibility, within five business days, the ADA Coordinator will forward the complaint to the City of Lakeport Building Division for investigation and will formally acknowledge receipt of the complaint to the complainant.
(4) For all other complaints or grievances, within ten business days after receipt of the complaint, the ADA Coordinator or designee will contact the complainant to discuss the complaint and the possible resolutions. Within 30 days of the contact, the ADA Coordinator or designee will respond in writing and, where appropriate, in an alternative format accessible to the complainant. The response will explain the position of the City of Lakeport and offer options for substantive and reasonable resolution of the complaint or grievance.
(5) If the response by the ADA Coordinator does not satisfactorily resolve the issue, the decision may be appealed to the City Manager or his/her designee within 30 calendar days following receipt of the response.
(6) Within ten business days after receipt of an appeal, the City Manager or his/her designee will contact the complainant to discuss the complaint or grievance and possible resolutions. Within 15 business days of this contact, the City Manager will respond in writing and, where appropriate, in a reasonable format accessible to the complainant, with a final resolution of the complaint or grievance.
Every reasonable attempt will be made by the City of Lakeport to remedy the disability complaints or grievances in a timely manner subject to staff and budget constraints.
If any Title 24 Building Code or ADA complaint or grievance resides under the jurisdiction of another public entity, the complainant will be notified that the City of Lakeport lacks jurisdiction and will be referred to the appropriate jurisdiction.