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 City of Bremerton. The City’s Personnel Policy governs employment-related complaints of disability discrimination.
The 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.
The complaint should be submitted by the grievant and/or [his/her] designee as soon as possible but no later than 60 calendar days after the alleged violation to:
ADA Coordinator and City Engineer
3027 Olympus Drive
Bremerton, WA 98310
Within 30 calendar days after receipt of the complaint, ADA Coordinator or his designee will attempt to meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, ADA Coordinator or his designee will respond in writing, and when requested, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City of Bremerton and offer options for substantive resolution of the complaint.
If the response by the ADA Coordinator or his designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the City Hearings Examiner or their designee. The response shall be considered received by the complainant on the third business day following the date it is sent to the complainant by the City.
A hearing of the grievance shall be scheduled at the next available proceedings of the Hearing Examiner, which will typically be within 30-days of the appeal request by the complainant. Communication with the complainant will be in a format accessible to the complainant.
All written complaints received by the ADA Coordinator or his designee, appeals to the City Hearings Examiner or their designee, and responses from these two offices will be retained by the City of Bremerton for at least three years.
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 the filing of an ADA complaint with the responsible federal department or agency. Use of this grievance procedure does not affect nor does it prevent the pursuit of other remedies.
These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards, and to assure that the City of Bremerton complies with the ADA and implementing regulations.