ADA and Section 504 Grievance Procedure

This grievance procedure is established to meet the requirements of the Title II Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act. 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 Boise, including federally assisted services, programs, activities and benefits. The City of Boise's Employee Policy Handbook includes grievance procedures to meet the employment related requirements of Title I of the ADA.

What to Include in the Complaint

Complaints should be submitted in writing preferably on the City's ADA / Section 504 Grievance Form. Alternative means of filing complaints, such as personal interviews or a tap recording of the complaint will be made available for persons with disabilities upon request. If an alternative method of filing a complaint is requested the following information will be required:

Information of Complainant

Name, address and telephone number of the person filing the complaint.

Information of Filer

Name, address and telephone number of the person who was allegedly discriminated against, if different from person filing the complaint.

Facility Information

The City facility or activity in which the violation is alleged to have occurred.

Description

A complete description of the incident prompting the complaint including:

1. Time and date the incident occurred
2. Location where incident occurred
3. Names and telephone numbers of any witnesses
4. The desired remedy or solution requested

Submitting the Complaint

The complaint should be submitted by the grievant or his/her designee as soon as possible, but no later than 60 calendar days after the alleged violation to:

City of Boise
Attn: ADA Coordinator
625 W Idaho St.
Boise, ID 83702
(208) 384-3850
TTY: 1-800-377-3529

The Process

Within 15 calendar days after receipt of the complaint, the ADA Coordinator or designee will meet with the grievant to discuss the complaint and possible resolutions. Within 15 calendar days of the meeting, the ADA Coordinator or designee, will respond in writing and where appropriate, in a format accessible to grievant, such as large print or audio tape. The response will explain the position of the City of Boise and proposed resolution.

If the grievant does not agree with the resolution, the grievant of his/her designee may appeal the decision to the City of Boise's Director of Human Resources within 15 calendar days after receipt of the response. The appeal should include a statement of why the grievant disagrees with the resolution. Within 15 calendar days after receipt of the appeal, the Director of Human Resources of designee will schedule a meeting with the grievant or designee to gather additional information before issuing the final decision. The Director of Human Resources or designee will issue the final decision within 15 calendar days of the last scheduled meeting. The decision will be in a format accessible to the grievant.

Retention

All written complaints received by the ADA Coordinator or designee, appeals to the Director of Human Resources or designee, and responses from these two offices will be retained by the City of Boise for at least three years.

Alternatives

The procedures described above do not preempt or supersede any legal procedures or remedies otherwise available to a victim of discrimination or harassment under state or federal law.

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