Town of Smithtown ADA Grievance Procedure

This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act.  It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in employment practices and policies or the provision of services, activities, programs, or benefits by the Town of Smithtown.

Informal Procedure
All persons are encouraged to make an informal inquiry concerning potential barriers to access or other discrimination at Town facilities.  This inquiry can be made directly to the Compliance Coordinator by telephone, letter, or other format accessible to the complainant.  The Compliance Coordinator shall respond to all such inquiries, usually by telephone, within five business days.  An informal record of all such inquiries shall be retained by the Compliance Coordinator.

Formal Procedure
The formal complaint shall 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.  Alternate 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 the Compliance Coordinator.

Within 15 calendar days after receipt of the complaint, the Compliance Coordinator will call or write to the complainant to schedule a meeting to discuss the complaint and possible resolutions.  This meeting may be conducted by telephone at the option of the complainant.  Within 15 calendar days after the meeting, the Compliance Coordinator will respond in writing, and, where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape.  The response will explain the position of the Town of Smithtown and offer options for substantive resolution of the complaint.

If the response by the Compliance Coordinator does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision of the Compliance Coordinator within 15 calendar days after receipt of the response to the Town Supervisor or his or her designee.

Within 15 calendar days after receipt of the appeal, the Supervisor or his or her designee will meet with the complainant to discuss the complaint and possible resolutions.  Within 15 calendar days after the meeting, the Supervisor or his or her designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

All written complaints received by the Compliance Coordinator, appeals to the Supervisor or his or her designee, and responses from the Compliance Coordinator and Supervisor or his or her designee will be kept by the Town of Smithtown for at least three years.

furnished by Elaine Learnard, ADA Compliance Coordinator, Town of Smithtown