ADA Compliance

City of Fountain Valley

Americans with Disabilities Act (ADA)

Complaint and Grievance Procedure

ADA Statement

The Americans with Disabilities Act (ADA) prohibits all state and local governmental agencies from discriminating against persons with disabilities and from excluding participation in or denying benefits of programs, services, or activities to persons with disabilities.

The City of Fountain Valley prohibits discrimination against persons with disabilities, ensuring that such people can fully participate in and benefit from the public services offered by the City. The City of Fountain Valley ADA Coordinator, who is located within the City Clerk Department, coordinates the City's ADA compliance with ADA representatives designated by various City departments.

This Complaint and Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973. It may be used by anyone who wishes to file a complaint or grievance alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Fountain Valley (hereafter “City”). The City’s Human Resources Department handles employment-related complaints of disability discrimination.

The City wants to hear concerns and complaints from citizens in order to provide accessible programs, services, and activities. A member of the public can contact the City with a comment, concern, or complaint without filing a formal grievance. A formal grievance can be filed by completing the City’s Grievance Form.

ADA Grievance Procedure

In the event that a disabled person (or an advocate for a disabled person) believes that the City has not complied with the ADA, the City has adopted and follows this internal ADA Grievance Procedure in accordance with 28 CFR §35.107(b). This procedure's intent is to provide for prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Justice regulations implementing Title II of the ADA. Title II states, in part, that "no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in programs, services or activities sponsored by a public entity."

It is preferred that the formal grievance 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. Alternative 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.  If additional accommodations are needed, please contact the ADA Coordinator. The complaint should be submitted by the grievant and/or their designee as soon as possible but no later than 60 calendar days after the alleged violation to:

Heather Campbell
Risk Manager, ADA Coordinator
10200 Slater Avenue
Fountain Valley, CA 92708
Heather.campbell@fountainvalley.gov
(714) 593-4555
California Relay Service: dial 711

Written confirmation (written may also mean email) of receipt of the complaint shall be issued by the ADA Coordinator, or their designee, within ten (10) business days.

Following the filing of the complaint, the ADA Coordinator shall determine whether, and to what extent, an investigation of the complaint is warranted. Any resulting investigation shall be conducted by the ADA Coordinator or their designee. These rules contemplate an informal but thorough investigation, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.

 Written description of the resolution, if any, shall be issued by the ADA Coordinator, or their designee, and a copy forwarded to the complainant. It is the City's intent to attempt to provide said written response to the complainant within thirty (30) business days of receipt of any complaint.

The complainant can request reconsideration of the complaint in instances where the complaining party is dissatisfied with the ADA Coordinator’s response or proposed resolution. The request for reconsideration should be made in writing (or through alternate means described above) within ten (10) business days to:

City of Fountain Valley 
Attn:  City Manager
10200 Slater Avenue
Fountain Valley, CA 92708

Within twenty (20) business days after receipt of the appeal, the City Manager, or their designee, will respond with a final resolution.

If the complaining party is not satisfied with the results of the appeal, they may file a complaint with the appropriate agency or department of the Federal government. Contact the U.S. Department of Justice for information about how to file a complaint with the agency.

U.S. Department of Justice
950 Pennsylvania Avenue
NW Civil Rights Division
Washington, D.C. 20530
Attn:  Rebecca Bond, Chief
(202) 307-0663
(202) 307-1197 fax

To speak with an ADA Specialists, call:
(800) 514-0301 (Voice)
(800) 514-0383 (TTY)

https://www.ada.gov/filing_complaint.htm

These rules shall be construed to protect the substantive rights of the interested persons to provide timely notice of any impediment to access City programs, services or activities, and to assure that the City of Fountain Valley complies with the ADA. The ADA Coordinator shall maintain the files and records relating to complaints filed under this procedure for at least three (3) years.

For more information, please contact Heather Campbell, Risk Manager, at (714) 593-4555 or Heather.campbell@fountainvalley.gov