AMERICANS WITH DISABILITIES ACT (ADA)
CITY OF BARRE ADA GRIEVANCE PROCEDURE
The City of Barre has established this Grievance Procedure to meet the requirements of the Americans with Disabilities Act of 1990 (“ADA”). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of City services, activities, programs, or benefits.
Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint will be made available for persons with disabilities upon request. The complaint should be submitted by the grievant and/or their designee as soon as possible, but no later than 60 calendar days after the alleged violation to:
City of Barre ADA Coordinator
6 N. Main St, Suite 2
Barre, VT 05641
STEP 1
A written grievance should be filed on the City of Barre ADA Grievance Form, which is located on the City’s website or by calling the City Manager’s office at (802) 476-0240. If the grievance is not filed on the Grievance Form, it should nonetheless contain the following information:
- The name, address, and telephone number of the person filing the grievance;
- The name, address, and telephone number of the person alleging the ADA violation, if other than the person filing the grievance;
- A description of the alleged violation and the remedy sought;
- Information regarding whether a complaint has been filed with the United States Department of Justice (DOJ) or other federal or state civil rights agency or court; If a complaint has been filed, the name of the agency or court where the complaint was filed, the date the complaint was filed, and the name, address and telephone number of a contact person with the agency with which the complaint was filed; and
- An oral grievance can be filed by contacting the ADA Coordinator. The oral grievance will be reduced to writing by the ADA Coordinator utilizing the ADA Grievance Form and will be signed by grievant.
STEP 2
Within 15 calendar days after receipt of the complaint, the ADA Coordinator (or designee) will:
- Conduct the investigation necessary to determine the validity of the alleged violation;
- Schedule a meeting with the complainant to discuss the complaint and the possible resolutions; and
- Within 15 calendar days after the meeting, the ADA Coordinator (or designee) will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audiotape. The response will explain the position of the City, offer options for substantive resolution of the complaint.
STEP 3
If the response by the ADA Coordinator (or designee) does not satisfactorily resolve the issue, the complainant (and/or designee) may appeal the decision within 15 calendar days after receipt of the response. Details will be provided on how to file an appeal in the ADA Coordinators response letter. The appeal will be submitted to the City Manager (or designee).
STEP 4
Within 15 calendar days after receipt of the appeal, the City Manager (or designee) will schedule a meeting with the complainant to discuss the complaint and possible resolutions. The meeting will be held within 15 calendar days of scheduling the meeting. Within 30 calendar days after the meeting, the City Manager (or designee), will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.
Record Retention
All written complaints received by the City Manager, ADA Coordinator, or other appropriate City official, and all appeals submitted to the City Manager and all related documents and responses from these offices and officials will be retained by the City for at least three years.
General Information & Your Rights Under the ADA
Enforcement under the ADA is generally provided in one or more of three ways:
(1) The City is responsible for establishing its own grievance procedures for bringing about enforcement under the ADA. Complaint and grievance procedures should follow guidelines described in DOJ regulations. The City is also responsible for continually monitoring its policies and procedures with respect to its implementation of the ADA. The City is required to adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging any action that would be prohibited by Title II of the ADA. The City’s grievance procedure and grievance form is available on the City of Barre website. A copy can be obtained from the City Manager’s office by calling (802) 476-0240 or writing to the following address:
City of Barre ADA Coordinator
6 N. Main St, Suite 2
Barre, VT 05641
(2) DOJ enforces the requirements of Title II of the ADA. Any person may also file a complaint with that agency, and it is responsible for investigating such complaints and resolving disputes through its own regulatory policies.
(3) The ADA generally provides for civil litigation as a method of effecting enforcement, and any person may file a civil complaint as a result of alleged discrimination under the ADA. The City of Barre has established a formal grievance procedure. This section summarizes the ADA’s enforcement mechanisms and requirements for the City regarding grievances, including the City’s grievance procedures and grievance form.