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ADA Grievance Procedure
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 Town of Tiburon.
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 Accessibility Coordinator.
Within fifteen (15) calendar days after receipt of the complaint, the Accessibility 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 Accessibility 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 Town of Tiburon and offer options for substantive resolution of the complaint.
Types of Grievances
If a complaint is about an ADA Title I or California Fair Employment and Housing Act employment violation, the Accessibility Coordinator will consult with the Town of Tiburon's Human Resources Department and will formally acknowledge receipt of the complaint.
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 Accessibility Coordinator will forward the complaint within seven (7) calendar days to the Town of Tiburon's Web Admin for investigation and will formally acknowledge receipt of the complaint to the complainant.
If the complaint is about a Town-owned or Town-leased building or facility, the Accessibility Coordinator will investigate and will formally acknowledge receipt of the complaint to the complainant.
If a complaint is about inaccessibility to a privately owned building or facility, the Accessibility Coordinator will forward the complaint within seven (7) calendar days to the Town's Community Development Department for investigation and will formally acknowledge receipt of the complaint to the complainant.
Complaints regarding accessibility code enforcement of buildings and facilities may be filed concurrently with the Accessibility Coordinator.
Appeal Process
If the response by the Accessibility 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 Town Manager or his/her designee.
Within 30 calendar days after receipt of an appeal, the Town Manager 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 Accessibility Coordinator will forward the complaint within seven (7) calendar days to the Town of Tiburon’s Human Resources Department for investigation and will formally acknowledge receipt of the complaint to the complainant.
If the response by the Accessibility 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 Town Manager or his/her designee.