ADA COMPLAINT PROCEDURE
Any individual who believes that he/she (individually or on behalf of a specific class of individuals) has been subjected to unlawful discrimination in any City of Belmont program, practice, activity or service on the basis of a disability may file a complaint by himself, herself or an authorized representative
Definition of Complaint
A complaint is an expression of dissatisfaction with an employee, policy, practice, service, program or facility provided by the City of Belmont as a result of limited access or unlawful discrimination on the basis of disability as defined in the Americans with Disabilities Act.
Complaint Procedure Objectives
- The objectives of this complaint procedure are to:
- Assure that complaints are promptly acknowledged and resolved;
- Establish uniform standards and procedures for handling complaints throughout the entire City organization;
- Provide citizens with an accessible system for bringing complaints to the City's attention;
- Demonstrate the City is responsive to the concerns of its citizens; and
- Reduce or prevent the occurrence of circumstances that lead to justifiable citizen complaints.
If you believe you have been subjected to such unlawful discrimination, you are encouraged to follow the complaint procedure outlined below. However, use of this procedure is not a prerequisite to the pursuit of other remedies:
- All complaints regarding access problems or alleged discrimination must be submitted in writing to the City's ADA Coordinator (see name and address below) no later than ten working days from the time you became aware or should have been aware of the occurrence of the alleged discrimination. An ADA Complaint Procedure written statement should include your name and address and describe the discriminatory action in sufficient detail to inform the City of the nature, date, location of the violation and the name or position of any City employee involved. A record of all City actions taken on your complaint will be maintained by the ADA Coordinator.
- Your complaint will be forwarded to the Department Head responsible for the program or service in which the discrimination allegedly occurred. The Department Head will investigate and respond to your complaint.
- The Department Head will notify you in writing of the decision within twenty five days of receipt of your complaint. The response must include a determination of whether discrimination occurred and, if so, what remedies the Department recommends to resolve your complaint. If you are unable to read, the Department Head will make every reasonable effort to communicate the decision in an alternative method which you can understand.
- If the complaint cannot be resolved to your satisfaction by the Department Head, you or your authorized representative may request the Department Head arrange a hearing before the City Manager. You must make any such request within ten working days after receiving the response of the Department Head. Your request must at least state why you are appealing the Department Head’s determination and any proposed remedies as well as what remedy you are seeking. A taped record of the hearing will be maintained and, if necessary, transcribed. Within fifteen working days of the hearing, the City Manager will inform you of the resolution in writing, or, if you are unable to read, in an alternative method of communication which you can understand. The decision of the City Manager will be the City's final decision on your complaint.
- Your right to prompt and equitable resolution of your complaint must not be impaired by your pursuit of other remedies, such as the filing of a complaint with the Department of Justice or the Equal Employment Opportunity Commission (EEOC). Furthermore, this procedure does not preclude, nor must it precede, the filing of your complaint with the appropriate federal agency. Complaints filed with federal agencies must be filed in accord with their timeliness and procedures.