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ADA grievance procedure

About

This grievance procedure is established to meet the requirements of the Americans with Disabilities Act of 1990. 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 County of Marin. 

The accessibility 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 an audio recording of the complaint, will be made available for persons with disabilities upon request.

The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than sixty (60) calendar days after the alleged violation to the Disability Access Program ADA Coordinator.

Within fifteen (15) calendar days after receipt of the complaint, the ADA Coordinator or his/her designee will meet with the complainant to discuss the complaint and the possible resolutions. Within fifteen (15) calendar days of the meeting, the ADA Coordinator or his/her designee will respond in writing, and where appropriate, in format accessible to the complainant, such as large print, Braille, or audio recording. The response will explain the position of the County of Marin and offer options for substantive resolution of the complaint.

Appeal process

If the response by the ADA Coordinator or his/her designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within fifteen (15) calendar days after receipt of the response to the City Manager or his/her designee.

If the response by the DAC does not satisfactorily resolve the issue, the decision may be appealed to the County Administrator or his/her designee within 30 calendar days following receipt of the response.

Within 30 calendar days after receipt of an appeal, the County Administrator or his/her designee will contact the complainant to discuss the complaint or grievance and If a complaint is about an ADA Title I or California Fair Employment and Housing Act employment violation, the DAC will forward the complaint within seven (7) calendar days to the County of Marin’s Human Resources Department for investigation and will formally acknowledge receipt of the complaint to the complainant.

If the response by the ADA Coordinator or his/her designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within fifteen (15) calendar days after receipt of the response to the City Manager or his/her designee.

Types of grievances

Employment

If a complaint is about an ADA Title I or California Fair Employment and Housing Act employment violation, the DAC will consult with the County of Marin’s Human Resources Department and will formally acknowledge receipt of the complaint. The County of Marin’s Personnel Management Regulation 21.governs employment-related complaints of disability discrimination.

Digital Accessibility

If a complaint is about a Section 508 of the Rehabilitation Act or California Government Code Section 11135-11139.7 regarding the accessibility of electronic information or technology, the DAC will forward the complaint within seven (7) calendar days to the County of Marin’s Digital Access Manager for investigation and will formally acknowledge receipt of the complaint to the complainant.

County-owned or County Leased Buildings or Facilities

If the complaint is about a County-owned or County leased building or facility, the DAC will investigate and will formally acknowledge receipt of the complaint to the complainant.

Privately Owned Buildings or Facilities

If a complaint is about inaccessibility to a privately owned building or facility, the DAC will forward the complaint within seven (7) calendar days to the Marin County Community Development Agency (CDA) Building and Safety Division for investigation and will formally acknowledge receipt of the complaint to the complainant. The CDA also has a formal code enforcement procedure regarding disabled access building code requirements. Copies of this complaint process are available on the Code Enforcement page.

Complaints regarding accessibility code enforcement of buildings and facilities may be filed concurrently with the Disability Access Coordinator.

Unreasonable Hardship Exceptions

  1. The Chief Building Official will deliver a notice to the Public Works Director immediately upon making a decision on an unreasonable hardship exception request which involves legal or physical constraints.
  2. The Board of Supervisors will deliver a notice to the Public Works of a decision ratifying or rejecting the granting or denial of an unreasonable hardship request exception.
  3. The Chief Building Official will send the Public Works Director notice confirming that corrective work has been done.

NOTE: Any unauthorized deviation from the building regulations shall be rectified by full compliance within 90 calendar days of a complaint of such deviation having been confirmed by the County, as required by Government Code 4452, unless doing so is impracticable, in which case the rectification should occur within a reasonable time of the complaint being filed.

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