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United States of America v. Humboldt County, California - Consent Decree

This document, portion of document or clip from legal proceedings may not represent all of the facts, documents, opinions, judgments or other information that is pertinent to this case. The entire case, including all court records, expert reports, etc. should be reviewed together and a qualified attorney consulted before any interpretation is made about how to apply this information to any specific circumstances.

E. GRIEVANCE PROCEDURE

19. Within three (3) months of the entry of this Consent Decree, the County will adopt the attached ADA Grievance ProcedureAttachment C, distribute it to all of its agencies, post it on its website, and post copies of it in conspicuous locations in each of its public buildings.  It will refresh each posted copy, and update the contact information contained on it, as necessary, for the term of the Consent Decree.  The County will provide copies to any person upon request.

Attachment C: HUMBOLDT COUNTY, CA Grievance Procedure under The Americans with Disabilities Act

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 County.  The County=s Personnel Policy governs employment-related complaints of disability discrimination.

The 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 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 his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:

[Name and address of ADA Coordinator]

Within 15 calendar days after receipt of the complaint, [name of ADA Coordinator] or [his/her] designee will meet with the complainant to discuss the complaint and the possible resolutions.  Within 15 calendar days of the meeting,[name of ADA 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 theCounty and offer options for substantive resolution of the complaint.

If the response by [name of ADA Coordinator]or [his/her] designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to theCounty Commissioner/ other appropriate high-level official or [his/her] designee.

Within 15 calendar days after receipt of the appeal, the County Commissioner/ other appropriate high-level official or [his/her] designee will meet with the complainant to discuss the complaint and possible resolutions.  Within 15 calendar days after the meeting, the County Commissioner/ other appropriate high-level official or [his/her] designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

All written complaints received by [name of ADA Coordinator]or [his/her] designee, appeals to the County Commissioner/ other appropriate high-level official or [his/her] designee, and responses from these two offices will be retained by the County for at least three years.

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