ADA Grievance Procedure

The City of Jacksonville Beach has established the following internal grievance procedure to ensure the prompt and equitable resolution of grievances alleging violation of the ADA on the basis of disability in the provision of services, programs, activities, or benefits by the City. This grievance procedure is adopted pursuant to the regulations implementing Title II of the Americans with Disabilities Act (ADA), as amended. 28 C.F.R. § 35.107.

Procedure

The procedure to file a grievance is as follows:

1.  A written grievance should be submitted to the ADA Coordinator on the ADA Grievance Form. If the grievance is not filed on the City’s ADA Grievance Form, it shall contain the following information:

  • The name, address, and telephone number of the person making the grievance;
  • The name, address, and telephone number of the person alleging the ADA violation, if other than the person making the grievance;
  • Names, addresses, and telephone numbers of any witnesses;
  • A description of the alleged violation, including date and time of the alleged violation and the City program or facility where the alleged violation occurred, and the remedy sought; and
  • Any other documentation that may provide an additional explanation or identification of the alleged violation.

NOTE: Alternative means of filing a grievance, such as personal interviews or a recording of the grievance, will be made available for persons upon request.

2.  All grievances should be submitted to the ADA Coordinator as soon as possible, but no later than 60 days from the date of the alleged violation.

3.   Within 15 calendar days after receipt of the grievance, the ADA Coordinator will meet with the complainant to discuss the grievance and possible resolution.

4.   Within 30 calendar days of the meeting, the ADA Coordinator will complete an investigation of the allegations and respond in writing, and where appropriate, in a format accessible to the complainant, to the person who filed the grievance. The response will explain the position of the City and offer options for substantive resolution of the grievance.

If the response from the ADA Coordinator does not satisfactorily resolve the issue, the complainant may submit a written appeal to the City Manager or designee within 15 calendar days.

Within 15 calendar days after receipt of the appeal, the City Manager or designee will meet with the complainant to discuss the grievance and possible resolutions. Within 15 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 grievance.

The resolution of any specific grievance will require consideration of varying circumstances such as, the specific nature of the disability, the nature of the access to services, programs, or facilities at issue, and the essential eligibility requirements for participation. Also, other areas to consider would be the health and safety of others, the degree to which an accommodation would constitute a fundamental alteration to the program, service, or facility, or cause an undue hardship to the City. Accordingly, the resolution by the City of any one grievance does not constitute a precedent upon which the City is bound or upon which other grieving parties may rely.

All written ADA grievances received by the ADA Coordinator, appeals to the City Manager or designee, and responses from these two offices, will be retained by the City for at least three years.