ADA Grievance Procedure
The City of Nichols Hills has adopted this grievance procedure for prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Justice regulations implementing Title II of the Americans with Disabilities Act. Title II states, in part, “no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination” in programs or activities sponsored by a public entity.
Complaints should be addressed to: Lindy Stormont/ADA Coordinator, Risk Management Department, 6407 Avondale Drive, Nichols Hills, OK 73116, phone (405) 843-6165, TDD (405) 843-5672, Fax (405) 842-8409, as the person designated to coordinate ADA compliance efforts for Title II issues.
A complaint shall be filed in writing, contain the name and address of the person filing, and briefly describe the alleged violation of the regulations. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with a disability upon request.
A complaint shall be filed within 30 days after the complainant becomes aware of the alleged violation.
An investigation, as may be appropriate shall follow a filing of a complaint. The investigation shall be conducted by or at the direction of the ADA Coordinator. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.
A written determination as to the validity of the complaint and a complete description of the resolution, if any, shall be issued by the ADA Coordinator and a copy forwarded to the complainant by no later than 60 days after its filing, unless it is determined by the ADA Coordinator that additional time is needed to complete the investigation.
The ADA Coordinator shall maintain the files and records of The City of Nichols Hills relating to the complaints filed and the disposition of each for at least three years or until litigation is terminated.
The complainant may request the City Manager’s reconsideration of the case in instances of dissatisfaction with the resolution. A written request for reconsideration should be made within 10 days from the date of the issuance of the written resolution and should be sent to the address shown above. Alternative means of filing for reconsideration such as personal interviews or a tape recording of the reasons for reconsideration will be made available for persons with a disability upon request.
The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person’s pursuit of other remedies such as filing of an ADA complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.