Americans with Disabilities Act - Title II Grievance Policy and Procedure

POLICY

As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability and, upon request, will provide reasonable accommodation to ensure equal access to its programs, services, and activities.

Oversight of compliance activities is the responsibility of the Department on Disability’s (DOD) Disability Access and Services Division (DASD).   All inquiries concerning the City’s efforts to make its programs and services accessible to persons with disabilities should be directed to the:

Department on Disability, ADA Compliance Officer
Disability Access and Services Division
201 North Figueroa Street, Suite 100
Los Angeles, CA 90012

(213) 202-2766 (Voice), (213) 202-3452 TTY, and (213) 202-2715 Fax.

PROCEDURE RELATED TO TITLE II

When any person believes that the City of Los Angeles has violated Title II of the ADA by denying access to its programs, services, and activities based on a disability, a formal grievance may be filed with Department on Disability.

Step 1: Complaint

The grievance should be documented on an ADA Title II Grievance Form and should contain as much information as possible concerning the alleged violation. This form must be completed by the grievant or his/her authorized representative.  The grievance should be submitted as soon as possible, but no later than sixty (60) calendar days after the alleged violation.  Constituents who choose not to use the Form, but contact DOD and state that they would like to file a Title II Grievance, shall have their relevant information written down by DOD staff. Strict confidentiality of all information provided will be maintained to the extent permitted by law. Sharing of information, including identity, will be done only as needed to resolve the grievance.

Constituents who contact DOD and raise concerns that the City may be able to resolve through its Title II grievance process will, among other options for resolution, be notified of the grievance process and asked if they would like to file a grievance. If the answer is yes, then DOD staff shall either write down all relevant information, or direct constituents to the Grievance Form and procedures. Any information written down by DOD staff in response to a constituent’s grievance shall be processed in the same manner as a completed Grievance Form.

Step 2: Investigation

DASD will review the completed ADA Title II Grievance within fifteen (15) working days of receipt. If it appears that a complete investigation and determination cannot be completed within 15 working days of receipt of the complaint, a Notice of Continuing Investigation (NCI) (Attachment C) will be mailed to the grievant within fifteen (15) working days. Staff will then discuss the issues with the grievant and the concerned department(s). If appropriate, the ADA Compliance Officer or assigned ADA Coordinator may also arrange to meet with the grievant to discuss the matter and possible resolution. Next, if the investigation leads to a determination that a Title II violation did occur or may have occurred, it will offer a proposed resolution to the grievant.  An investigation may find that no Title II violation occurred.

Auxiliary Aids or Services and other reasonable accommodations will be made available upon request. If at any time (in Step 1 or Step 2) DOD staff determine that the Complaint is not within DOD’s jurisdiction, staff will inform complainant of that determination, and provide appropriate referrals as available for the effective resolution of the complaint.

Step 3: Notice of Outcome

Within ninety (90) days of the date on which the NCI is sent, or at the conclusion of the formal resolution process (whichever comes first), the DASD Coordinator will send the grievant and the concerned department(s) a notice of outcome along with a description of the appeals process, should the grievant wish to appeal, in a format accessible to the grievant.

Step 4: Appeal of Outcome

If the City’s response does not satisfactorily resolve the matter, the grievant and/or authorized representative may appeal the notice of outcome of the ADA Compliance Officer within thirty days of receipt of the notice of outcome.

Within thirty days of receipt of the grievant’s appeal, the ADA Grievance Appeals Committee (ADAGAC) will convene a meeting to discuss the matter and its response to the appeal. In addition to the DOD’s Executive Director, the Committee will consist of a member of the City Commission on Disability and a representative from another City department. Within thirty (30) calendar days after this meeting, the Chairperson of the Committee will respond in writing and, where appropriate, in a format accessible to the grievant. If the grievant is dissatisfied with the response of the ADA Grievance Appeals Committee, he/she may contact either the U.S. Department of Justice (DOJ), or seek private counsel.

RETALIATION

Individuals who exercise their rights under the ADA, or assist others in exercising their rights, are protected from retaliation. Any form of retaliation or coercion, including threats, intimidation, or interference, is prohibited if it interferes with the exercise of rights under the ADA.

FILE MAINTENANCE

The DOD will maintain all written grievances received by DOD-DASD, appeals to the ADA Grievance Appeals Committee, and responses from DOD-DASD and the ADA Grievance Appeals Committee for a period of three (3) years.

POSTING

This Grievance Procedure will be posted in prominent locations in major City facilities. Upon request, it will be made available in alternative formats by contacting the Department on Disability, Disability Access and Services, 201 N. Figueroa Street, Suite 100, Los Angeles, CA 90012. Tel.: (213) 202-2764 (Voice) or (213) 202-2755 TTY.


ADA Title II Grievance Form

Instructions: Please fill out as much of this form as you can in black ink or type. If you need assistance, tell us and we would be happy to provide assistance with filling out this form. Sign and return (mail, fax or e-mail) to the following information listed below.

Department on Disability
Disability Access and Services ADA Compliance Officer
201 North Figueroa Street, Suite 100
Los Angeles, CA 90012
Phone: (213) 202-2766
Fax: (213) 202-2715
E-mail: DOD.ADA@lacity.org

Indicates required field

Complaint

Access issues generally fall into one of three categories, please indicate which category best describes your issue.
Is the issue related to a physical barrier, for example, a wheelchair ramp is needed, counters are too high for wheelchair users, missing braille signage, etc.
Is the issue related to being able to participate in a program, service or activity. For example, is there a City policy, practice, and/or procedure that you allege does not provide an equally effective opportunity for persons with disabilities to participate in or benefit from the City’s programs and services. Communication Access – Is the issue related to communication, for example do you need auxiliary aids and services, a sign language interpreter, Communication
Is the issue related to communication, for example do you need auxiliary aids and services, a sign language interpreter, Communication Access Real-Time Translation (CART) materials in alternative formats in order to have equal access to information and communication with a City Department’s programs, services or activities.
If yes, please complete the following information below.
Strict confidentiality of all complaint information will be maintained. Sharing of information will be done only as needed to resolve the complaint.
Please sign the Sidewalk Accessibility Grievance Form with your name. By signing this document, you are verifying that the content you are submitting is correct.