Step 1: Filing a complaint
Constituents may file a complaint with any department within 60 calendar days of experiencing what they believe to be an accessibility violation.
Complaints must be in writing but if the constituent requires an alternative format, the ADA Coordinator will assist accordingly. For example, you, as the ADA Coordinator, may complete the online complaint form for the constituent while speaking to them over the phone.
The complaint should include:
- statement of the problem
- the location
- date and time
- constituent’s name (not required)
- constituent’s contact information (not required)
- any other information they would like to provide regarding the complaint
Please note:
- Constituents may file a complaint anonymously. Departments are still expected to document investigations and resolutions of anonymous complaints.
- If a complainant does not provide sufficient information to enable the department to investigate and resolve it, the department may deem the complaint abandoned.
Step 2: Confirmation of receipt
- If ODA receives the complaint, ODA will send a copy of the complaint to the relevant City department.
- ODA will send a confirmation of receipt to the constituent within 5 business days. The confirmation will contain: an explanation of next steps including investigation by the relevant department and response timeline.
- If your department receives the complaint directly, you will confirm receipt to the constituent like ODA does as described above.
Step 3: Investigation
Your department will have 30 business days to investigate and to determine how to best resolve the complaint. Depending on the nature of the complaint, it may be resolved in fewer than 30 days.
If your department is unable to respond within 30 business days, you must request an extension from ODA.
The request for an extension must include the reasons it’s needed. ODA will evaluate the request within 5 business days. If ODA grants an extension, the department will provide a status update to the constituent. Reasons for extension may include, among others:
- The department needs more time to understand the feasibility and timeline of removing an architectural barrier.
- The department needs more time to gather relevant information.
- The ADA coordinator is out of office within the 30-business day period.
Step 4: Resolution
The department will send a response to the constituent within 30 business days, or within the timeframe of any extension that has been granted. The department’s response will include a description of its investigation of the complaint and any resolution, as applicable.
- The department will send a draft response to ODA for review at least 5 business days before the response is due.
- ODA will review the response and provide any recommended changes to the department within 5 business days
If the department determines that no accessibility violation occurred, the department will provide the constituent with a detailed written explanation of its determination.
If the constituent’s preferred method of communication is over the phone, the department can call the constituent to provide information on the determination. A written response should also be sent. If the constituent does not have, or will not provide an email/mailing address, the department must send a written summary of the determination to ODA, including documentation of how and when the determination was communicated to the constituent.
If an accessibility violation is found, but a resolution is not possible within 30 business days, the department will provide an implementation plan. The implementation plan will include:
- A description of what actions will be taken
- Timeline for completion
- The contact information for the person responsible for carrying out the plan
Please note: The constituent may appeal the department’s decision if they are dissatisfied with the determination. Constituents should be informed they have 10 business days from receipt of the department’s determination to file an appeal. Appeals should be forwarded to the ADA Grievance Appeals Panel (“Panel”) at ODA. Please consult ODA’s Grievance Appeals Procedure for more details.
All written complaints, responses, and appeals received by ODA and your department will be kept by the City for at least five years.