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Americans with Disabilities Act (ADA) Compliance
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Grand Junction will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs or activities.
Employment: The City of Grand Junction does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA.
Effective Communication: The City of Grand Junction will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the programs, services, and activities.
Modifications to Policies and Procedures: The City of Grand Junction will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. For example, individuals with service animals are welcomed in the City of Grand Junction offices, even where pets are generally prohibited.
The ADA does not require the City of Grand Junction to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.
Complaints that a program, service, or activity of the City of Grand Junction is not accessible to persons with disabilities should be directed to the Fix It Form (see more detailed description under Grievance Procedure). Grievances may also be directed by telephone or in-person to appropriate City staff listed under ADA Contacts below.
The City of Grand Junction will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.
ADA Title II - Notice & Grievance Procedure
The City of Grand Junction hereby adopts this internal grievance procedure to provide for prompt and equitable resolution of complaints alleging any action that is prohibited by Title II of the Americans with Disabilities Act (hereinafter "ADA").
Individuals with a grievance regarding access to programs, services, or facilities of the City may file a written grievance on the City website using the Fix It Form. The form should be filled out as shown below. The second line is a drop-down box. Select "Grievance under ADA" from the menu options, and fill in the other fields as shown. When completed, click "Submit Fix It Form" at the bottom of the form. Your information will be forwarded to the appropriate department and you will be contacted.
City contacts, listed below, are also available to disabled persons requiring assistance. The City of Grand Junction's communications regarding grievances will be provided in a format that is accessible to the complainant.
The procedure to file a grievance is as follows:
- A written grievance should be filed through the Fix It Form (as shown above). If requested, special assistance will be given to assist in the process of input.
- An oral grievance can be filed by contacting the appropriate City ADA Contact as listed below. The oral grievance will be documented in writing by City staff and will be authorized by the complainant.
- The grievance will be responded to or acknowledged within 20 working days of receipt from complainant.
- Within 60 calendar days of receipt, City staff will conduct an investigation necessary to determine the validity of the alleged violation. If appropriate, a City ADA Coordinator and/or other City staff will arrange to meet and/or otherwise discuss with the complainant the matter and attempt to reach, or mediate, a resolution of the grievance.
- If an informal resolution or mediation of the grievance is not reached, a written determination as to the validity of the complaint and description of the resolution, if appropriate, shall be issued by the City Attorney's office and a copy forwarded to the complainant no later than 90 days from the date of the City's receipt of the grievance.
- The complainant may request reconsideration if he/she is dissatisfied with the written determination. The request for reconsideration shall be in writing and filed with the City of Grand Junction Attorney's office, 250 North 5th Street, Grand Junction, CO 81501, within 30 days after the Attorney's determination has been mailed to the complainant. The City of Grand Junction Attorney's Office shall review the request for reconsideration and make a final determination within 90 days from the filing of the request for reconsideration.
- If the complainant is dissatisfied with the City's handling of the grievance at any stage of the process or does not wish to file a grievance by utilizing the City's ADA Grievance Procedure, the complainant may file a grievance directly with the United States Department of Justice or other appropriate state or federal agency. Use of the City's grievance procedure is not a prerequisite to the pursuit of other remedies.
The resolution of any specific complaint 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 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 complaining parties may rely.
The City of Grand Junction shall maintain all ADA grievance files for a period of three years.