PERSONNEL REGULATIONS SECTION 193

AMERICANS WITH DISABILITIES ACT COMPLAINT RESOLUTION PROCEDURE

CONCERNING ACCESSIBILITY TO FACILITIES, PROGRAMS, SERVICES AND ACTIVITIES

OFFERED BY THE COUNTY OF SANTA CRUZ (Resolution 35-92 1/21/92)

193.1 On July 26, 1990, the Federal Government enacted the Americans

with Disabilities Act (ADA) which requires the County of Santa Cruz to

make facilities accessible and to make reasonable accommodations to

integrate qualified individuals with disabilities into services, pro-

grams and/or activities offered by the County of Santa Cruz. If you

believe that you have been discriminated against on the basis of a

disability in connection with Santa Cruz County's facility access or

programs, services or activities, you have the right to file a com-

plaint with the department of the County of Santa Cruz responsible for

the program, or with any agency that provides funding to the County

department that is the subject of the complaint, or with the U.S.

Department of Justice.

193.2 Complaint Procedure

A. Purpose: This complaint procedure is intended to provide a progressive

series of steps through which a discrimination complaint may be pre-

sented with the aim of resolving the complaint at the lowest adminis-

trative level within the County departments. This procedure is not

intended to supplement or supplant any other formal appeal or com-

plaint procedure under the ADA.

B. Application: A qualified individual with disabilities, a specific

class of individuals, or their authorized representative(s) may file a

formal discrimination complaint, in writing, with the County Equal

Employment Opportunity Office. ADA complaint forms may be obtained

from the responsible department or the County Equal Employment Oppor-

tunity Office, 701 Ocean Street, Room 510, Santa Cruz, California,

95060.

C. Timing: A discrimination complaint must be filed with the Santa Cruz

County Department within 60 days of occurrence of the alleged com-

plaint.

D. Where to File: An individual may file a complaint with the County

department or the County Equal Employment Opportunity Office, 701

Ocean Street, Room 510, Santa Cruz, CA 95060.

E. Scope of Complaints: A discrimination complaint under these proce-

dures may only be filed if it relates to access to any facilities,

services, programs, or activities run by Santa Cruz County. Specifi-

cally excluded from this complaint procedures are subjects involving

employment with the County of Santa Cruz. These subjects are covered

Section 193 - Page 1

under the Santa Cruz County Discrimination or Harassment Complaint

Procedure, Personnel Regulations Section 192.

Section 193 - Page 2

193.3 Resolution of Complaints

A. The complainant may informally discuss the complaint with the Depart-

ment Head or the Equal Employment Opportunity Officer concerning pro-

gram or architectural barrier complaints to attempt to resolve the

issue at the informal level.

B. If the complaint is not settled through informal discussion, the com-

plainant may file a formal complaint within sixty (60) calendar days

of the occurrence of an alleged complaint. The formal complaint shall

be presented in writing to the Department Head. The complaint form

shall contain information which:

1) Identifies the complaint.

2) Indicates the date, time and place of its occurrence.

3) Contains the specific nature of the complaint.

4) Indicates the consideration given or steps taken to secure

informal resolution including the date of informal discus-

sion.

5) States the corrective action desired.

A copy of the complaint will be sent to the Equal Employment Opportu-

nity Officer by the department within five (5) calendar days of re-

ceipt of the complaint. A decision by the Department Head shall be

made in writing within thirty (30) calendar days of receipt of the

complaint.

C. If the complaint is not settled at Step 2, the complainant may, within

fifteen (15) calendar days after receipt of the Department Head's

response at Step 2, refer the complaint to the Equal Employment Oppor-

tunity Officer at 701 Ocean Street, Room 510, Santa Cruz, CA 95060.

The Equal Employment Opportunity Officer or his/her designee shall

respond in writing within thirty (30) calendar days after the date of

receipt of the complaint.

D. If the complaint is not satisfied with the decision of the Equal Em-

ployment Opportunity Officer at Step 3, the complainant may, within

one (1) calendar week after receipt of the Step 3 decision, request

that the County Administrative Officer consider the complaint and make

a decision within forty-five (45) calendar days.

193.4 General Provisions

A. Time limits specified in the processing of complaint may be waived by

mutual written agreement.

B. If a complainant does not present his/her complaint or does not appeal

the decision rendered regarding his/her complaint within the time

limits, the complaint shall be considered resolved.

C. If the Department Head, or the Equal Employment Opportunity Officer

does not respond within the time limits provided, the aggrieved may

Section 193 - Page 3

proceed to the next step of this complaint procedure, or file such

complaint with the Federal Government as specified within the Ameri-

cans with Disabilities Act.

D. A copy of the complaint form shall be forwarded by the County to the

appropriate federal agencies, including the U.S. Department of Jus-

tice, when the formal complaint is filed with the County Administra-

tive Officer.

E. In the event of an unusual number of complaints being filed, the Coun-

ty may consolidate like complaints and/or temporarily suspend com-

plaint processing by extending the timeline of the complaint proce-

dures. In the case of suspension, all formal written complaints shall

be forwarded by the County to the appropriate federal agencies, in-

cluding the U.S. Department of Justice.

F. Each County Department will be responsible for noticing their clients

of this complaint resolution procedure and the appropriate federal

agencies, including the U.S. Department of Justice, for appeal.

G. In the case of facility accessibility, regulations promulgated under

the State of California, Title 24 provisions will be adhered to where

the regulations are more restrictive than the regulations promulgated

under the ADA federal agencies regulations.

Section 193 - Page 4