Grievance Procedure
This grievance procedure is established 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 services, activities, programs, or benefits by the Archuleta County Government.
The grievance/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.
Procedure
Any individual who believes they have been discriminated against on the basis of disability in the provision of services, activities, programs, or benefits by an Archuleta County Department, Office, or employee, should, if possible, try to resolve the issue locally together with the Director of the Department and the Accessibility Coordinator(s). If that resolve is unsuccessful, please follow these steps.
Step 1: Fill out and return the Grievance Form
Begin by filling out the Archuleta County Title II of the Americans with Disabilities Act Complaint/Grievance Form. This form may be submitted via the site provided, by mail, or dropped off in person at the 398 Lewis St. office listed above. The complaint should be submitted by the grievant and/or his or her designee as soon as possible but no later than 60 calendar days after the alleged violation. If the complaint requires an interpreter of any kind, please list these needs in the complaint form in order for the ADA Coordinator to provide proper accommodation for effective communication purposes.
Step 2: Meet with the ADA Coordinator(s)
Within 10 business days after the complaint is received by the ADA Team, the ADA Coordinator will arrange for a meeting with the individual who filled out the complaint form. If it is determined the individual is a qualified individual with a disability under the ADA, the ADA Coordinator will attempt to resolve the complaint.
Step 3: Resolution
If the individual and the ADA Coordinator (or their designee) agree to a resolution of the complaint, the ADA Coordinator will put the agreement in writing and send it to the individual. The agreement will contain the following items:
- The complaint description.
- A summary of facts found.
- A description of the agreed upon resolution.
- the timeframe for resolving the complaint.
- An assurance by Archuleta County they will comply with the specific terms and conditions of the agreement.
For this agreement to be successful, both parties must receive and sign a copy of the agreement and return it to the ADA Coordinator (or their designee) in the time specified.
Complaint not Resolved
If the individual and the ADA Coordinator cannot come to a resolution, the ADA Coordinator will send the individual a notice of that fact to include the following:
- A description of the complaint.
- A summary of any resolution proposed.
- A statement addressing the issues which could not be resolved.
It is important for the individual to keep copies of the original complaint and notifications received after meeting with the ADA Coordinator, as well as any other correspondences and/or documentation that is related to the complaint and bring those copies to all meetings and reviews related to the complaint.
If the complaint is not resolved, the individual may request further review of the complaint by the County Manager, who will review the decision of the ADA Coordinator. If additional information is required, a meeting will be scheduled with all necessary parties within 15 business days of having received information regarding the non-resolution of the complaint. The County Manager will then issue a decision within 15 business days, based on the information received from both the individual and the ADA Coordinator.
Complaint Retention
All written complaints received by the ADA Coordinator or his/her designee, appeals to the County Manager or his/her designee, and responses from these two offices will be retained by Archuleta County for at least three years.