Introduction
The ADA states that a public entity is required to apprise the public of the protections against discrimination afforded to them by Title II of the ADA, including information about how Title II requirements apply to its particular programs, services and activities [28 C.F.R. § 35.106]. A public entity also is required to provide an opportunity for interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the development of policies and procedures that affect the implementation of an ADA transition plan by submitting comments and making specific recommendations. A public entity that employs 50 or more persons is required by the ADA to adopt and publish grievance procedures providing for prompt and equitable resolution of complaints or grievances alleging any action that would be prohibited by Title II of the ADA. SACDOT's grievance procedure is described below. Any person with a disability or any parent or guardian who represents a minor person with a disability, who believes that they have been the subject of disability-related discrimination on the basis of the denial of access to facilities, programs or services, may file a grievance or complaint.
Contact Information
Thomas Cassera, Associate Civil Engineer
Planning and Programs Division
(916) 876-7041
casserat@saccounty.gov
Grievance Procedures and Instructions
Step 1: File a Grievance Form
The complainant should fill out the ADA Complaint / Grievance Form (PDF or Word), giving all of the information requested. The ADA Complaint / Grievance Form should be filed in writing with the SACDOT Program Access Coordinator within 60 days of the alleged disability-related discrimination. A copy of the ADA Complaint / Grievance Form shall be forwarded by the Program Access Coordinator to the Chief of the Disability Compliance Office. Upon request, reasonable accommodations will be provided in completing the form, or alternative formats of the form will be provided. The ADA Complaint / Grievance Procedure and Form may be obtained from and sent to:
Thomas Cassera, Associate Civil Engineer
Planning and Programs Division
(916) 876-7041
casserat@saccounty.gov
TTY: 800-735-2929
Step 2: An Investigation is Conducted
A notice of receipt shall be mailed to the complainant by registered mail within five days of the receipt of the complaint or grievance, and the SACDOT Program Access Coordinator or another authorized representative shall begin an investigation into the merits of the complaint within 60 days. If necessary, the SACDOT Program Access Coordinator or another authorized representative may contact the complainant directly to obtain additional facts or documentation relevant to the grievance. If the complainant alleges misconduct on the part of the SACDOT Program Access Coordinator, another authorized representative may be appointed by the Director of SACDOT to undertake the investigation if the allegations can be substantiated. If the complainant does not wish to be contacted personally, he/she should indicate it on the ADA Complaint / Grievance Form.
After the grievance is received, the complaint shall be brought before the ADA Oversight Committee, co-chaired by the Chief of the Disability Compliance Office and the SACDOT Program Access Coordinator. The co-chairs shall meet on an ad-hoc committee to resolve the grievance.
Step 3: A Written Decision is Prepared and Forwarded to the Complainant
The Chief of the Disability Compliance Office and the SACDOT Program Access Coordinator shall prepare a written decision, after full consideration of the grievance merits, no later than 75 days following the receipt of the grievance. If the complaint alleges misconduct on the part of the SACDOT Program Access Coordinator, another authorized representative may be appointed by the Director of SACDOT to prepare the written decision if the allegations can be substantiated. A copy of the written decision shall be mailed to the complainant by registered mail no later than five days after preparation of the written decision. A copy of the written decision also shall be mailed to the Chief of the Disability Compliance Office.
Step 4: A Complainant May Appeal the Decision
If the complainant is dissatisfied with the written decision, the complainant may file a written appeal with either, at the complainant's option, the Director of SACDOT, or with the Chief of the Disability Compliance Office, no later than 30 days from the date of the mailing of the decision. The appeal must contain a statement of the reasons why the complainant is dissatisfied with the written decision, and must be signed by the complainant, or by someone authorized to sign on the complainant's behalf. A notice of receipt shall be mailed to the complainant by registered mail within five days of the receipt of the appeal. The appeal reviewers, consisting of the Chief of the Disability Compliance Office, and the SACDOT Program Access Coordinator, shall act upon the appeal no later than 60 days after receipt, and a copy of the appeal reviewers' written decision shall be mailed to the complainant by registered mail no later than five days after preparation of the decision. The decision of the appeal reviewer shall be final. A copy of the written decision also shall be mailed to the Chief of the Disability Compliance Office.
Filed Grievances
The SACDOT Program Access Coordinator, the Director of SACDOT, and the Chief of the Disability Compliance Office shall maintain the confidentiality of all files and records relating to grievances filed, unless disclosure is authorized or required by law. Any retaliation, coercion, intimidation, threat, interference or harassment for the filing of a grievance, or used to restrain a complainant from filing, is prohibited and should be reported immediately to the Chief of the Disability Compliance Office.
