Town of Fairfield Title II Grievance Procedure under The Americans with Disabilities Act
This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA"). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the Town of Fairfield.
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.
Town of Fairfield, CT
ADA Title II Grievance Procedure
Step 1. File the grievance
Prepare a written grievance that includes the following:
Name, address, and phone number (mobile, home) of the person filing the grievance;
Name, address, and phone number (mobile, home) of the person alleging the ADA violation, if other than the person filing the grievance;
Description of the alleged violation and the remedy sought.
If a complaint has been filed with the Department of Justice or other federal or state civil rights agency or court, provide, name of the court or agency, name and address of a contact person, and the date filed.
Alternative means of filing the complaint are available upon request.
The complaint should be submitted to:
Department of Human Resources
Sullivan Independence Hall or HR@fairfieldct.org
725 Old Post Road
Fairfield, CT 06824
Step 2. Acknowledgement
Town of Fairfield will send an acknowledgement within 12 working days of receipt of the grievance.
Step 3. Informal resolution
Within 60 calendar days of receipt, Town of Fairfield will complete the investigation necessary to determine the validity of the alleged violation. If appropriate, the ADA Coordinator, or their designee, will arrange to meet with the grievant to discuss the matter and attempt to reach an informal resolution of the grievance. Any informal resolution of the grievance shall be documented in the ADA Coordinator file and the case will be closed.
Step 4. Written determination
If an informal resolution of the grievance is not reached in Step 3, within 75 calendar days of receipt of the grievance, a written determination as to the validity of the complaint, and description of the resolution, if appropriate, shall be forwarded by ADA Coordinator, or their designee, to the First Selectman/Selectwoman or any other appropriate Town entity for approval.
Step 5. Final determination and resolution
Town of Fairfield shall communicate the determination and resolution to the grievant within 90 calendar days of receipt of the grievance, unless the First Selectman/Selectwoman authorizes additional time for further consideration of the grievance. Any authorized extension of time will be communicated to the grievant. Any request for reconsideration of Town of Fairfield’s response to the grievance shall be at the discretion of the First Selectman/Selectwoman.
If the grievant is not satisfied with Town of Fairfield’s handling of the grievance at any stage of the process, or does not wish to file a grievance through Town of Fairfield’s ADA Grievance Procedure, the grievant may file a complaint directly with the U. S. Department of Justice or other appropriate state or federal agency. Use of Town of Fairfield’s grievance procedure is not a prerequisite to the pursuit of other remedies.
The resolution of any specific grievance will require consideration of varying circumstances, such as the specific nature of the disability; the nature of the access to services, programs, or facilities at issue, the essential eligibility requirements for participation; the health and safety of others; and the degree to which an accommodation would constitute a fundamental alteration to the program, service, or facility, or cause an undue hardship to Town of Fairfield. Accordingly, the resolution by Town of Fairfield of any one grievance does not constitute a precedent upon which the Town of Fairfield is bound or upon which other complaining parties may rely.
Town of Fairfield ADA Coordinator shall maintain ADA Grievance files for three years.