Reference: ADA - Americans With Disabilities Act, Public Law
Section 35.107(b) of the ADA requires public entities with 50 or
more employees to establish grievance procedures for resolving complaints or
violations of Titles I and II. The purpose of this policy section is to provide
standard procedures for the Complaint Process associated with ADA Accessibility
as it relates to citizen inquiries.
Accessibility. As it pertains to County facilities, programs, and
services, the ability to gain physical access to County buildings, sidewalks,
parking, public telephones, parks, and other various programs and services.
Accessibility Process. An organized procedural system that is
documented, maintained, and in place to answer citizen questions and address
complaints pertaining to the accessibility of County facilities, programs, and
ADA- Americans with
Disabilities Act. Public Law 101-336, enacted July 26, 1990, which "Prohibits discrimination and ensures equal opportunity for persons with
disabilities in employment, state and local government services, public
accommodations, commercial facilities, and transportation."
ADA Coordinator. Employee designated by the County Administrator with
the responsibility of facilitating and coordinating all ADA issues and requests
regarding access problems or concerns for Leon County.
Citizen Accessibility Process.
The accessibility process consists of a systematic procedural description of
the County' s citizen complaint
process. The process includes, but is not limited to:
Online contact information where citizens can find the address and telephone
number of the County' s ADA
Contact information posted and readily available at each County facility,
program, or service.
Directions on how to file a complaint available online and via the posted
contact telephone number.
An automated form (Appendix A) that can be submitted to the ADA Coordinator
online; printed out, completed, and submitted by FAX; or a phone number where a
form may be requested.
Citizen Access Questions. The question is transferred to the County ADA
Coordinator for appropriate response. The ADA Coordinator shall maintain a list
of County program area contact persons.
The ADA Coordinator logs the call and determines to whom the call is
referred for response, if necessary, or answers the question himself/herself.
Once an answer to the question has been determined, the Program Area contact
person notifies the ADA Coordinator who contacts the citizen with the answer to
ADA Coordinator follows up to ensure that the citizen'
s question has been answered and to determine if further action is warranted.
A citizen reports an access problem or concern. The complaint is transferred
to the ADA Coordinator.
The ADA Coordinator logs the complaint and determines to whom the complaint
is referred for response, if necessary, or resolves the complaint
The Program Area contact person investigates the complaint to determine if a
change can be made to resolve the problem or concern.
Some issues may need to be addressed in the form of an agenda
request depending on the amount of work or funds needed to correct the problem
Once a resolution to the problem is determined, the Program Area contact
person notifies the ADA Coordinator who contacts the citizen, with the proposed
The Program Area contact person follows up to make sure that the
correction/alteration is completed as determined.
The ADA Coordinator follows up to ensure that the citizen'
s problem or concern has been adequately resolved.
Employees/Applicants for Employment.
Purpose. This policy section establishes uniform guidance for employees
and/or applicants for employment to request reasonable accommodations and file
complaints of discrimination based on the Americans with Disabilities Act of
1990 (ADA) as required by state and federal law.
Applicants for Employment: Requests for Reasonable Accommodations.
All job announcements shall include the statement,
[i]f an accommodation is needed in order to participate in the
application process, please contact the Human Resources Office."
Any applicant for employment may request a reasonable accommodation. The
request for accommodation should specify the type of accommodation requested.
An applicant may request reasonable accommodation at any time during the job
Any cost involved in accommodating the applicant must be approved by the
department/division director or his designee in the department/division where
the accommodation is being requested. When the department/division director
feels that the program/division budgets do not have funding to support the
accommodation, the director shall contact the ADA Coordinator before denying the
request based on undue hardship.
The ADA Coordinator and the hiring supervisor shall initiate the necessary
steps to coordinate the accommodation.
All original requests for accommodations and resolutions thereof shall be
forwarded to the Human Resources Office after completion. Copies pertaining to a
request for accommodation shall be maintained in the Human Resources Office in a
If the applicant is not satisfied with the decision made, he or she may
appeal to the County Administrator or his/her designee.
Employees: Requests for Reasonable Accommodation.
Any employee may request reasonable accommodation under the ADA. The
employee shall make such request to his or her immediate supervisor and/or ADA
Coordinator. The request for accommodation shall be in writing using the Leon
County Board of County Commissioners'
Request for Reasonable Accommodation Form (Appendix B). The supervisor and/or
the ADA Coordinator shall insure that the form is completed by the employee.
The supervisor shall discuss the accommodation with the employee and provide
either the accommodation requested or an accommodation that is equally
effective. If the supervisor believes the accommodation is not reasonable and
would change the nature of the employment, the supervisor will forward the
request to the ADA Coordinator for resolution. In any event, all requests for
accommodations and resolution of such requests shall be forwarded to the ADA
If an employee requests accommodation to perform the essential functions of
the job, the ADA Coordinator may request supporting documentation about his/her
disability and functional limitations. The documentation must be from an
appropriate healthcare professional.
If the employee provides insufficient information to substantiate a claim of
disability covered by the ADA, then the County may require an employee to be
independently examined by an appropriate healthcare professional of the County'
s choice. The examination must be job-related. The County shall pay all costs
reasonably associated with the employee'
s independent medical examination (I.M.E.).
Any cost involved in providing a reasonable accommodation must be approved
by the department/division director or his designee in the department/division
where the accommodation is being requested. When the department/division
director feels that the program/division budgets do not have funding to support
the accommodation, the director shall contact the ADA Coordinator before denying
the request based on undue hardship.
The ADA Coordinator and the supervisor shall initiate the necessary steps to
coordinate the approved reasonable accommodation.
All original requests for accommodations and resolutions thereof shall be
forwarded to the Human Resources Office after completion.
If the employee is not satisfied with the decision made as to the request
for accommodation, he or she may appeal to the County Administrator or his/her
Any employee and/or applicant for employment with the County may file a
complaint of discrimination/harassment on the basis of disability with the
County. Complaints shall be filed with the Employee Relations Coordinator in the
Human Resources Division. Any complaints filed internally alleging a violation
of the Americans with Disabilities Act or this procedure should be reported
Any employee who believes he or she has been subjected to
discrimination/harassment on the basis of disability must promptly bring the
problem to the attention of the County. If an employee believes that he or she
has been discriminated against/harassed, he or she should immediately report the
problem to his/her supervisor. If the complaint involves the supervisor, or the
employee is uncomfortable presenting this issue to the supervisor, then he or
she should inform the Human Resources Director or Employee Relations Coordinator
in the Human Resources Division.
If a complaint of discrimination/harassment on the basis of disability
involves a County Commissioner, the employee should immediately report the
problem to the Human Resources Director, the Employee Relations Coordinator in
the Division of Human Resources, or the Chairman of the County Commission. If
the complaint involves the Chairman of the County Commission or the employee is
uncomfortable presenting this issue to the Chairman, then the employee should
inform the Vice-Chairman of the County Commission, the Human Resources Director,
or the Employee Relations Coordinator in the Human Resources Division. At that
time, the Human Resources Director will refer the complaint to a private law
firm or private entity outside the County'
s political jurisdiction, previously retained, to investigate the claim (this
should be complied with prior to any notification to the Board, County
Administrator, or County Attorney). Once the complaint has been referred to the
outside private agency or law firm for investigation, then the party involved in
the complaint shall be notified.
Each complaint will be immediately and thoroughly investigated in a
professional manner. All discrimination/harassment complaints reported to a
supervisor or any member of management, shall be promptly reported to the
Employee Relations Coordinator or the Human Resources Director. Actions taken to
investigate and resolve discrimination/harassment complaints shall be conducted
confidentially to the extent practicable, appropriate, and legal, in order to
protect the privacy of the persons involved. The person who is accused of engaging in discriminating/harassing behavior
shall be notified and given an opportunity to respond verbally and/or in
writing. Investigations may include interviews with parties involved in the
incident, and if necessary, with individuals who may have observed the incident
or conduct or who have relevant information or knowledge.
The employee making the complaint shall be notified of a decision or the
status of the investigation in a timely manner. There will be no discrimination
or retaliation against any individual who files a good-faith complaint, even if
the investigation produces insufficient evidence to support the complaint, and
even if the charges cannot be proven. There will be no discrimination or
retaliation against any other individual who participates in the investigation
of a discrimination/harassment complaint.
If the investigation substantiates the complaint, appropriate corrective
and/or disciplinary action will be taken. Disciplinary action, which may include
discharge, will also be taken against individuals who make false or frivolous
accusation, such as those made maliciously or recklessly.
If deemed to be in the County's
best interest, the complainant, the respondent, or both, may be placed on leave
with pay during the investigation process. This decision will be made by the
County Administrator or designee (for a Board employee), the County Attorney or
designee (for a County Attorney employee), the Chairperson (for another
Commissioner's Aide or Board
Appointee), or the Vice Chairperson (for the Chairperson'