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D. AMERICANS WITH DISABILITIES, TITLE II, PUBLIC ACCESS TO PROGRAMS AND SERVICES COMPLAINT PROCEDURE I. STATEMENT OF POLICY It is the policy of the County of Orange that all complaints regarding barriers to public access to county programs and services should be handled as efficiently and expeditiously as possible. Each county department has named an ADA II Coordinator and retains responsibility for the thorough investigation and effective resolution of any reported problems with its program and/or service access. When a member of the public contacts any department employee on a perceived barrier to public service access, or with a request for accommodation, the matter needs to be referred to the Departmental ADA II Coordinator. Countywide records of all complaints and resolutions will be maintained by the County ADA II Coordinator who also will be available to assist the Department ADA II Coordinators when necessary. Assistance or alternatives will be given to complainants who need accommodation in order to complete any required forms. II. When Complaint is submitted to the DEPARTMENTAL ADA II COORDINATOR A. Barrier to public access to county program or service is perceived/observed. 1. The complainant(s) or a representative contacts Departmental ADA II Coordinator in person, by telephone or in writing. 2. Use ADA II Complaint Form if contact is in person or by telephone. If insufficient information is given in writing by complainant, send an ADA II Complaint Form and request its completion. If no complaint form was used but the information is sufficient, fill out the minimum information on the Complaint form and attach complaint. 3. A log of all complaints and resolutions should be maintained. Immediately or when sufficient information is received from complainant, it should be logged it in with an Initiation Date. 4. Immediately, if presented in person, or otherwise within 15 days, Departmental ADA II Coordinator will acknowledge the receipt of the complaint and/or completed form by sending the complainant a copy of the ADA II Complaint Form with the “Form received by” line completed and dated. B. Investigation of alleged problem(s) with public access to county program or service 1. Within 15 days of Initiation Date the Department ADA II Coordinator will review and begin assessment of the complaint at the departmental level with program staff. 2. After local review and assessment the Department ADA II Coordinator may consult with OCPW Construction/Architecture and Engineering and/or County ADA II Coordinator. 61 | P a g e
3. Within 30 days of Initiation Date, if determination is made that no problem exists with public access to county program or service, the complainant will be advised in person, by phone or mail as is most appropriate and a report made to County ADA II Coordinator for record maintenance.05/19/10 1 C. Resolution of problem(s) with public access to county program or service 1. Within 30 days of Initiation Date the resolution options are to be determined and presented to the complainant in person, by phone or mail as is most appropriate and the complainant advised to respond to the options within 15 days. 2. If one or more of the proposed resolution options are accepted for implementation by the complainant and the agency/department, a report of the complaint and resolution(s) is sent to the County ADA II Coordinator for record keeping purposes. 3. If the only solution acceptable to the complainant is considered by the agency/department to be an Undue Burden/Hardship, the matter is submitted to the County ADA II Coordinator for review. D. Rejection of all resolutions to the public access problem or appeal of determination that there is no barrier to county programs or services as alleged. 1. Upon receipt from the complainant of a rejection of all proposals or a request to appeal the decision that the alleged problem does not exist, the Departmental ADA II Coordinator will contact the County ADA II Coordinator and review the complaint. 2. If it is determined that the complaint should remain at the agency/department level for further investigation, a confirmation of that decision will be forwarded to the County ADA II Coordinator for record keeping and the process will return to investigation step II. B. 3. If it is determined that the complaint should be handled at the county level, the complainant will be notified in person, by phone or mail as is most appropriate and the entire file will be forwarded to the County ADA II Coordinator.NOTE: Complainant has the right to file a charge with the appropriate federal compliance agency, or file a private lawsuit at any time during this process.III. When Complaint is submitted to the COUNTY ADA II COORDINATOR A. Barrier to public access to county program or service is experienced/observed. 1. The complainant(s) or a representative contact(s) the County ADA II Coordinator in person, by telephone or in writing. 62 | P a g e
2. If contact is in person, by telephone or by mail with sufficient information, an ADA II 05/19/10 Complaint Form will be filled in and paperwork, if any, attached. The County ADA II Coordinator will immediately determine if the complaint should be forwarded to the Department ADA II Coordinator. If so, the complainant will be advised of that action and a copy of the Complaint Form is returned to the complainant. 3. If the complaint is received by mail, and the information is insufficient, the County ADA II Coordinator will forward an ADA II Complaint Form to the complainant. Upon return receipt of that form, determination will be made whether the complaint should be forwarded to the 2 agency/department. If so, the complainant will be advised of that action and a copy of the Complaint Form is returned to the complainant. 1. If, after review of the complaint, it is determined that it should be investigated by the County ADA II Coordinator, a copy of the complaint will be sent to Department ADA II Coordinator with an advisement of that decision and the underlying reasons as well as a request that all necessary information, pertinent documents and/or records be submitted within 7 days. 2. If, after review of the complaint, it is determined that it should be handled through the County EEOC or ADA I complaint process, the County ADA II Coordinator will consult with the person(s) assigned to that process and will advise the complainant by mail of that transfer of responsibility. B. An Investigation by the County ADA II Coordinator. 1. A copy of the submitted Complaint Form or a letter if more appropriate will be sent to the complainant advising who will be conducting the investigation. 2. Immediately or when sufficient information is received from complainant, the complaint will logged and assigned an Initiation Date. 6. If the complaint has not already been investigated by the agency/department, the County ADA II Coordinator will begin an investigation within 15 days of the Initiation Date. 7. If the complaint has been appealed or referred from the agency/department, County ADA II Coordinator will review the information, documents, and records and analyze the available information within 30 days. Requests for technical assistance may also be made to OCPW Construction/A & E, County Counsel or EEOC. C. Findings by County ADA II Coordinator on new, referred or appealed complaints 1. If, after reviewing an appealed complaint, the ADA II Coordinator determines that the agency/department had conducted a thorough investigation and agrees with the findings and/or proposed solutions, a letter will be sent to the complainant stating that decision with a copy to the agency/department. 63 | P a g e
2. In new investigations, referred or appeal reviews where the County ADA II Coordinator does not agree with the agency/department findings, preliminary findings will be prepared and, if appropriate, proposed solutions. 3. Then in new investigations, referred or appeal reviews contact will be made with the impacted Departmental ADA II Coordinator(s) and the preliminary findings and proposed solution(s), if any, discussed. If these are accepted, the letter will be sent to the complainant setting forth the proposed solution(s). D. Handling of disputed findings/solutions 05/19/10 1. If an agency/department does not accept the preliminary findings and/or the proposed solutions of the County ADA II Coordinator, or maintains that the proposed solution(s) might cause undue hardship, require fundamental alteration of the program or require costly building modifications, a case conference including the Agency/Department Head or 3 64 | P a g e
designee and the Risk Manager will be held. If there are unresolved legal or technical physical issues, then County Counsel and/or OCPW Construction/A&E or other resources would also be included. 2. If agreement on a solution is not obtained through the case conference, the matter will be referred to the County Executive Officer for final decision. 3. The County ADA II Coordinator prepares a written report with reasons for any declarations of “undue hardship or financial burden” which must be approved by the County Executive Officer or designee. A declaration that the proposed modification(s) would cause a “fundamental alteration to a program” must be approved by the agency/department head. 4. County ADA II Coordinator prepares and sends the final response letter to the complainant explaining the findings of the investigation and the solutions, if any, that will be implemented. Copies will be sent to the agency/department head and all other involved parties. E. Implementation of solutions arising out of County ADA II Coordinator investigations 1. The County ADA II Coordinator through the agency/department ADA II Coordinator will monitor the implementation of any solutions required. 2. If the appropriate parties involved fail to implement the agreed upon solutions, the County ADA II Coordinator will contact the appropriate agency/department head. 4. If the agency/department head disputes the need for implementing the solution, the Complaint returns to III. D. 1. processing NOTE: Complainant has the right to file a charge with the appropriate federal compliance agency, or file a private lawsuit at any time during this process. 05/19/10 4
AMERICANS WITH DISABILITIES, TITLE II EXTERNAL COMPLIANCE AGENCY COMPLAINT PROCEDURE I. Complaint from an external COMPLIANCE AGENCY A. Barrier to public access to county program or service is experienced/perceived 1. Complainant files a complaint within 180 days of the alleged discriminatory act with one of the following federal agencies: Department of Agriculture, Department of Education, Department of Health and Human Services, Department of Housing and Urban Development, Department of Interior, Department of Justice, Department of Labor or Department of Transportation. 2. All complaints from external compliance agencies are handled by the County ADA II Coordinator. If a complaint of this type is received by a Department ADA II Coordinator, it will be forwarded to the County ADA II Coordinator immediately. 3. Within 4 days of receipt of the complaint the County ADA II Coordinator will notify the agency/department charged with discrimination by letter. The letter will request that the information necessary to conduct the investigation be supplied within 14 days. C. Data collection process by County ADA II Coordinator 1. If physical accessibility issues are involved, information may also be requested from OCPW to be supplied within 14 days. 2. If appropriate, a case conference will be called with the CEO or designee, County Counsel, OCPW and the Agency/Department head or designee. 3. Upon receipt of the requested data, the County ADA II Coordinator will review it for accuracy and Completeness. The information collected will then be sent to the federal compliance agency with a cover letter 4. Upon receipt of any further contact from the federal compliance agency or a subpoena for confidential information, the County ADA II Coordinator will obtain and forward any additional information.
D. Interviews and Negotiation representation 1. County ADA II Coordinator will arrange interview appointments with the department staff, if necessary. 2. The County ADA II Coordinator will accompany federal compliance agency representatives to all on-site interviews to ensure the appropriate treatment of county employees and access to information. 3. If discrimination is found by the federal compliance agency, the County ADA II Coordinator will act as a liaison for the county in any settlement negotiations. 05/19/10 5
E. ADA, Title II, Public Access to Programs and Services Complaint Form (Please Print or Type) Name: Date: First Name, Last Name Phone (Voice or TDD) Address: Home # Work # Designated Person to contact if I cannot be reached: Name: Relationship: Phone # ==================================================================== Facility Location of Problem: Department/Agency Name:
Date you experienced a problem: Nature of Disability: Explanation of complaint: (e.g., Unable to get access to a program due to a physical barrier, Unable to obtain the benefit of a service due to communication barrier, etc.) Please Print/Type Indicate suggested remedy to correct the complaint: (e.g., Ramp, Signs, Interpreters, TDD, etc.) Complaint submitted: In Person, By Mail, Phone, Fax, Email Attach copy if not submitted on this form.
On Completed by: Signature Form received by: (Please Print both First and Last Name) INSTRUCTIONS FOLLOW INSTRUCTIONS FOR ADA, TITLE II COMPLAINT FORM PROBLEMS WITH PUBLIC ACCESS TO PROGRAMS & SERVICES Attention: If you are unable to use this complaint form because of your disability, contact the County ADA II Coordinator at 714-285-5500 or by TDD at 714-285-5590 and an alternate means of filing a complaint will be arranged. Please Print or Type. Name: Print full first name then last name of person making the complaint. Date: Enter the date that the form is being completed not the date that the problem was experienced if completing this on a later date. Address: Enter the mailing address of the person making the complaint including zip code Complete address is needed if response is to be made to complainant. Phone: Indicate whether Voice or TDD Enter at least the day time number
Designee: Enter an alternate person for contact purposes if the person making the complaint does not expect to be available for contact or requires assistance. Relation: Explain the designee’s relationship to the complainant. Phone: If the designated person’s phone is a TDD please indicate above number. Facility Enter the address of the location where the problem with public access to a Location: program or with obtaining the services due to disability occurred. Department: Enter the name of the department or agency that you were there to see. Date: Enter the date that the problem occurred even if it is the same date as above. Disability: Enter nature of the disability to assist in understanding the problem encountered. Complaint Describe in the detail necessary to fully explain the problem(s) encountered in Explanation: gaining access to or benefit of the program or service at the location: Please address all issues and use additional pages if necessary and attach to this form. Suggested As the person with the disability who experienced the problem(s), your suggestions Remedy: on what could be done to fix the problem are valuable and would be appreciated. Submitted: This information is to assist in tracking how the complaint was received Received by: To be filled out by county employee who receives this complaint form.
On: To be filled out by county employee who receives the form for tracking purposes. Complaint Forms are to be submitted within 90 days of the problem occurring and may be: Given to any receptionist or county employee at the facility location of problem mailed into the departmental ADA II Coordinator at mailed into the County ADA II Coordinator at 600 W. Santa Ana Blvd., Suite 104 Santa Ana, CA 92701 faxed to County ADA II Coordinator at: 714‐285‐5599 All complaints mailed directly to County ADA II Coordinator will first be forwarded to the appropriate department for resolution.
F. AMERICANS WITH DISABILITIES ACT OF 1990 NON-DISCRIMINATION NOTICE This notice is provided as required by Title II of the Americans with Disability Act of 1990 (ADA). The County of Orange does not discriminate on the basis of disability on admission to, access to, or the operation of its programs, services, benefits or activities. Questions, complaints, or requests for additional information regarding the ADA may be addressed to the Agency/Department ADA Coordinator, or the County ADA Coordinator, Vicki L Stewart. The County ADA Coordinator will assure that all complaints are investigated promptly and fairly. All complaints must be filed within ninety (90) days of the last alleged occurrence of discrimination. The Department Coordinator is: Address: Phone:
The County ADA Coordinator is Vicki L Stewart. Address: CEO/Risk Management 600 W. Santa Ana Blvd. Suite 104 Santa Ana, 92701 Phone: Voice: (714) 285-5500 or California Relay Service (800) 735-2929
G. Quarterly ADA Title II Complaint Report Date Agency/Department Description of ADA Title II Complaint ( i.e., barrier to public service, leased/owned facilities, or request for accommodation) Date of Occurrence And Resolution/Action Taken Complainant’s Name
H. RESOURCESThe United States Attorney's OfficeCentral District of CaliforniaSanta Ana Branch OfficeSuite 8000411 West Fourth StreetSanta Ana, California 92701(714) 338-3500(855) 898-3957 (Toll Free)United States Access Board1331 F Street NW, Suite 1000Washington, DC 2004-1111Voice: (202) 272-0080 or (800) 872-2253TTY: (202) 272-0082 or (800) 993-2822FAX (202) 272-0081 U.S. Equal Employment Opportunity Commission, Los Angeles District Office Roybal Federal Building 255 East Temple St., 4th Floor Los Angeles, CA 90012 Phone: 1-800-669-4000 Fax: 213-894-1118 TTY: 1-800-669-6820 ASL Video 844-234-5122 Phone: Director: Rosa Viramontes
Regional Anna Y. Park Attorney: The Los Angeles District Office is open Monday-Friday from 8:00 a.m. - 4:30 Office p.m. You may speak to an intake person in the office on a first come-first served Hours: basis. However, if you arrive in the office after 2:00 p.m., they cannot guarantee that the interview will be completed that day. If your disability prevents the individual from coming into the office in person or requires an interpreter (including ASL) or live outside this office's commuting area: a telephone interview can be arranged and the paperwork will be handled through the U.S. Mail. Individuals can also call the office for a pre-complaint questionnaire at the phone number listed above. The pre-complaint questionnaire will be mailed and a phone interview will be scheduled upon return of the completed pre-complaint questionnaire.US Department of TransportationUS Department of Transportation1200 New Jersey Ave, SEWashington, DC 20590United StatesPhone: 1 (202) 366-4000TTY/Assistive Device: (800) 877-8339 California Department of Housing and Community Development Sacramento, CA Claudia Cappio, Director Services and Housing Agency www.hcd.ca.govSanta Ana Housing Authority4.6 (7) · Housing AuthoritySanta Ana, CA(714) 667-2200Open until 5:30 PM
California Department of RehabilitationOrange County OfficesOrange / San Gabriel District (550-00)(714) 991-0800 (Voice)(844) 729-2800 (TTY)222 S. Harbor Blvd., Suite 300Anaheim, CA 92805-3701Laguna Hills Branch (350-08)(949) 598-7942 (Voice)(844) 729-2800 (TTY)24012 Calle De La Plata , Suite 220Laguna Hills, CA 92653-3621Santa Ana Branch (550-01)(714) 662-6030 (Voice)(844) 729-2800 (TTY)790 The City Drive South, Suite 110Orange, CA 92868Address: 1303 J St #400, Sacramento, CA 95814Phone: (916) 441-2100
Dayle McIntosh Center for the DisabledSocorro Arroyo Merchain, Program Manager13272 Garden Grove BoulevardGarden Grove, CA 92843(714) 621-3300www.daylemcintoshcenter.org/[email protected] Job Accommodation Network(800)526-7234 (Voice) (877)781-9403 (TTY)Disabled American VeteransDirectionsVeterans organization in Long Beach, CaliforniaAddress: 540 Pine Ave, Long Beach, CA 90802Phone: (562) 436-5161
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