Americans with Disabilities Act Grievance Procedure
The City of Evanston (“City”), a public entity, hereby establishes a grievance procedure providing for prompt and equitable resolution of any complaints alleging actions prohibited by the U.S. Department of Justice regulating Title II of the Americans with Disabilities Act (ADA). This procedure shall be available to all individuals utilizing the services and facilities of the City. Qualified disabled individuals shall not be excluded from participating in, or denied the benefits of, or be subject to discrimination in any programs or activities sponsored by this public entity.
All complaints regarding access or related alleged discrimination are to be submitted in writing or in appropriate format to the City Manager or ADA Compliance Officer for resolution. The complaint should include a detailed description of the alleged discriminatory action to inform the City of the nature and date of the alleged violation. The complaint must be signed by the complainant or by someone authorized to do so on his or her behalf. No grievance shall be accepted which has been submitted more than one hundred and eighty (180) days after the occurrence of the event. Within five (5) working days of receiving the written grievance, the City Manager or ADA Compliance Officer will meet with the complainant and attempt to resolve the grievance. The City Manager or ADA Compliance Officer will provide a written response in appropriate format to the complainant within fifteen (15) calendar days of the meeting.
Written complaints shall be submitted to the City Manager, ADA Compliance Officer, City of Evanston, 2100 Ridge Avenue, Room1100, Evanston, Illinois 60201. A record of the complaint and action taken will be maintained on file.
If the response of the City Manager is not acceptable to the complainant, the complainant may within 10 calendar days, request that the grievance be forwarded to the Human Services Committee of the City Council.
The Committee shall establish procedures for hearing complaints, requests or suggestions from individuals with disabilities regarding access to and participation in public facilities, services, activities, and functions in the community.
The Committee shall schedule a public meeting for reviewing the complaints, after adequate public notice is given. The committee shall issue a written decision within thirty (30) days of the public meeting.
Any decision of the Human Services Committee regarding the grievance may be appealed to the City Council within 30 calendar days. The City Council will consider such an appeal at an open meeting, unless the matter to be discussed is an exception to the Open Meetings Act and the Committee decides to discuss it in closed session. A determination must be made within thirty (30) days of the hearing. The decision made by the City Council is final.
- A record must be made of the action taken at each level of the grievance process.
- The individual’s right to prompt and equitable resolution shall not impair his/her pursuit of other remedies, such as the filing of a complaint with the U.S. Department of Justice or any other appropriate federal agency, or a court of competent jurisdiction. The use of this grievance procedure is not a prerequisite to the pursuit of other remedies.