MONTGOMERY COUNTY ADA GRIEVANCE PROCEDURE

Montgomery County has adopted an internal grievance procedure providing 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 (ADA). Title II states, in part, that "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 related to the Title II of the ADA should be addressed to Nancy Greene, ADA Compliance Manager. Ms. Greene is responsible for County-wide ADA Title II compliance.

1. A complaint must be filed in writing and must contain the name and address of the person filing it and a brief description, including the date and location, of the alleged violation. If necessary, an alternative means of filing the complaint or receiving the response may be requested.

2. Complaints should be filed in as timely a manner as possible but no later than 60 business days after the alleged violation.

3. An investigation by the ADA Compliance Officer or designee, as may be appropriate, shall follow a filing of complaint. 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.

4. The ADA Compliance Officer or designee will provide a response in writing, or in an alternative format if requested, to the complainant within 30 business days after the complaint is received.

5. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made in writing, or in an alternative format upon request, to the Chief Administrative Officer (CAO) within 30 business days of receiving the ADA Compliance Officer’s decision.

6. The CAO or designee will review the complaint, conduct an additional investigation if appropriate, and respond to the complainant in writing, or in an alternative format upon request, within 30 business days after receipt of the request for reconsideration. A copy of the CAO’s response will be forwarded to the ADA Compliance Officer.

7. The ADA Compliance Officer will maintain copies of all written ADA complaints, appeals to the CAO, and responses from these two offices for at least 3 years.

8. These rules shall be construed to protect the substantive rights of interested persons to meet appropriate due process standards and to assure that Montgomery County complies with the ADA and implementing regulations.

9. Use of this grievance process does not preclude the complainant from filing an administrative complaint with the designated federal agency or filing a lawsuit for injunctive relief and damages. An individual may choose to pursue any or all of these methods.