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Grievance Procedure under the Americans with Disabilities Act

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  • Overview

    1. Grievance Procedure under the Americans with Disabilities Act
      Pursuant to the Americans with Disabilities Act of 1990 (ADA), the City of Allen (“The City”) is providing this Grievance Procedure and associated forms to any persons wishing to file a complaint alleging discrimination by The City. Grievances may be filed on the basis of disability in the provision of services, activities, programs, or benefits by the City of Allen. The City of Allen accepts employment-related complaints through its Personnel Policy, under separate cover.

      The complaint must be in writing and contain information about the alleged discrimination including name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints for any person with disabilities that hinder written submission will be made available upon request. Some alternate forms of documenting a complaint may include personal interviews or a tape recording of the complaint. The alternate form of documentation will then be transcribed by City Staff to record the concern. The attached form can also be used to file complaints.

      The complainant and/or their designee, hereinafter referred to as Complainant, should submit the complaint as soon as possible, but no later than 60 calendar days after the alleged violation to:

      City of Allen ADA Coordinator
      City of Allen Human Resources Department
      305 Century Parkway
      Allen, TX 75013

      Within 15 business days after receipt of the complaint, the City of Allen ADA Coordinator or their designee, hereinafter referred to as ADA Coordinator, will contact the Complainant to discuss the complaint and the possible resolution. The discussion could take place by meeting in person, by phone or other means. Within 15 business days of that discussion, the ADA Coordinator will respond in writing, and as needed, in a format accessible to the Complainant, such as large print, braille, or audio recording. The response will explain the position of the City of Allen and offer any possible option(s) for substantive resolution of the complaint, if they exist.

      The Complainant may appeal the decision from the ADA Coordinator to the City Manager. The appeal shall be filed with the City Manager’s Office within 15 business days after receipt of the response from the ADA Coordinator. The City Manager or designee, at his/her discretion, may meet with Complainant in person to discuss reconsideration of the issue. In the absence of an appeal within this timeframe, the initial response from the ADA Coordinator will be deemed accepted.

      Should Complainant file an appeal to the City Manager, within 15 business days after receiving the appeal notification, the City Manager will respond in writing, and as needed, in a format accessible to the Complainant, with a final decision on the complaint.

      The Complainant may appeal to the Department of Justice (DOJ) if the final decision from the City Manager is not deemed acceptable by the Complainant. The Complainant is then responsible for contacting, receiving, and providing any communications regarding the complaint to and from the DOJ.

      All written complaints received by the City of Allen ADA Coordinator, appeals to the City Manager, and responses from these two offices will be retained by the City of Allen for three years from the date of the final resolution or dismissal of the complaint.