The City of Albemarle has adopted a grievance procedure for providing prompt and equitable resolution of complaints alleging any action prohibited by the United States Department of Justice regulations implementing the Americans with Disabilities Act. The Americans with Disabilities Act (ADA) provides disabled individuals with legal protection from discrimination in a broad range of public service activities of the City of Albemarle.

The City of Albemarle is striving to identify and remove barriers which impede disabled individuals from access to City facilities or participating in City activities, programs, services and/or employment. The grievance process is intended to address all barriers; however, there may be instances where either existing barriers are not detected or new barriers are created.

This grievance procedure is designed to provide an adequate and fair means by which disabled individuals may convey their concerns to City officials regarding barriers encountered.

This grievance procedure applies to all disabled individuals who are  participants in a City program or service, City employees, or prospective City employees. City employees with grievances not covered under ADA should refer to section 24.085 of the City of Albemarle Code of Ordinances. A grievance may be filed concerning any matter of concern or dissatisfaction arising from a condition which limits a disabled individual's access to City facilities or participation in a City program, service, and/or employment.

Every individual with a disability shall have a right to present a grievance in accordance with these procedures with complete freedom from reprisal. 

1.    Any individuals with a disability who are participants in a City program or service, City employees, or prospective City employees with a grievance, shall file a grievance in writing with the City's ADA coordinator. The grievance shall include:

        A.    The location of the barrier and the difficulty encountered.

        B.    The name and address of the individual filing the grievance.

2.    If the grievance is covered under ADA, the ADA Coordinator, City Manager Michael Ferris, shall notify the appropriate department and plan remedial action. The plan of action shall include components required under ADA including a time table and the individual in charge of the action. The individual who presented the grievance shall be notified of the plan of action. Notification shall be made no later than fifteen (15) working days following the filing date of the grievance.

3.    If the grievance is not covered under ADA, the ADA Coordinator shall document the reason(s) why it is not covered and will notify the individual presenting the grievance. Notification shall be made no later than fifteen (15) working days following the filing date of the grievance.

All documents, records and reports shall be retained by the ADA Coordinator. All records shall be kept on file by the ADA Coordinator a minimum of three years.

Additional Remedies Preserved

The existence of an ADA grievance procedure does not preclude any individual from pursuing any other remedies available under the law.

This procedure was duly adopted by the Albemarle City Council at its meeting held on September 15, 1997.