Filing a Grievance
The Town of Carbondale is committed to ensuring that patrons with disabilities are able to take part in, and benefit from, the whole range of public programs, services, and activities offered by the Town of Carbondale.
Title II of the Americans with Disabilities Act (ADA) requires that public entities adopt and publish grievance procedures to assure the prompt and equitable resolution of complaints.
The purpose of this ADA grievance procedure is to resolve as promptly as possible any problems, complaints, or conflicts related to the Town's ADA compliance as it relates to public access to facilities, programs and services without the need for the complainant to resort to other remedies available under the law.
Employees with a disability-related grievance should consult their immediate supervisor or the Town of Carbondale (an Equal Opportunity Employer) Human Resource Department:
Accounting & Human Resources
1. Who may file a grievance?
2. When should a grievance be filed?
3. What should the grievance include?
4. Where should I submit my grievance?
5. What if I need assistance filling out my grievance?
6. What happens after I file my grievance?
7. When will I receive a response?
8. Should I be concerned that a Department officer or employee might retaliate against me if I complain?
9. What can I do if I am not satisfied with the results of the Department’s investigation?
1. WHO MAY FILE A GRIEVANCE?
Anyone may file a grievance on behalf of themselves or others when they believe any of the following has occurred:
• The Town of Carbondale is not in compliance with the physical access requirements of the Americans with Disabilities Act related to its public facilities, land, or rightsof-way; or,
• You or a specific class of individuals have been denied access to participate in a Town program, service, or activity on the basis of disability; or,
• You or a specific class of individuals have been otherwise subjected to discrimination on the basis of disability by the Town; or
• The Town has otherwise violated the ADA.
2. WHEN SHOULD A GRIEVANCE BE FILED?
Before filing a grievance, you may seek informal resolution by contacting the Town of Carbondale's ADA Coordinator. The Town encourages, but does not require, an attempt to resolve concerns informally prior to filing a formal grievance. If your informal concern is not resolved in a timely fashion, you have the right to file a formal grievance under this procedure.
You are encouraged to file your grievance within 30 days of the date you become aware of any alleged discrimination or access violation. If reasonable circumstances prevent you from filing your grievance within that time period, the Town may accept your grievance later than 30 days after the alleged incident(s). Failure to report an alleged violation within 180 days may impact your ability to redress your grievance.
3. WHAT SHOULD THE GRIEVANCE INCLUDE?
Your grievance may be filed either in writing or verbally and must include the following information:
- Your name, address and telephone number. If a representative is filing the grievance on your behalf, his or her name, address and telephone number must also be included.
- A description of the offending behavior(s) or action(s) or violation(s).
- The date(s), time(s) and location(s)
- The name(s) and contact information of witnesses, if any.
- If your grievance is being filed on behalf of another person or a group of people, all of the grievants should be described or identified by name, if possible.
- The remedy you desire.
- Your signature or the signature of your authorized representative.
The Town of Carbondale will make every reasonable effort to ensure that confidentiality is maintained throughout the complaint and investigation process, to the extent consistent with the law, adequate investigation, and appropriate corrective action. This means that the Town of Carbondale will share information only on a need-to-know basis.
4. WHERE SHOULD I SUBMIT MY GRIEVANCE?
You may file your grievance with the Town of Carbondale designated ADA Coordinator by mail, email, or by hand delivery.
The Recreation Center ADA Coordinator’s contact information follows:
Town of Carbondale Recreation & Community Center
567 Colorado Ave
Carbondale, CO 81623
The Town of Carbondale Parks Foreman ADA Coordinator's contact information follows:
Town of Carbondale Parks & Cemetaries
5. WHAT IF I NEED ASSISTANCE FILLING OUT MY GRIEVANCE?
Assistance is available from the ADA Coordinator. You should contact his/her office and request the type of assistance you need. The ADA Grievance Procedure and Complaint Form are available in alternative formats upon request from the ADA Coordinator.
6. WHAT HAPPENS AFTER I FILE MY GRIEVANCE?
After receiving your grievance, the ADA Coordinator, or his/her designee, will investigate your complaint. The investigation may include interviews with you; persons if any, who allegedly discriminated against you; and any other person the investigator believes to have relevant knowledge concerning your grievance. The investigator will also consider any written evidence that is given to him/her.
After completing the investigation, the investigator will review the factual information gathered through the investigation to determine whether discrimination has occurred or the ADA has been otherwise violated. The investigator will consider all of the factual information, all the circumstances, and the context in which any alleged incident(s) occurred. The investigator will then prepare a written report which will include the results of the investigation; a determination as to whether discrimination occurred or access requirements have been violated; and any appropriate remedy which the Department will provide.
A copy of the report will be sent to you.
7. WHEN WILL I RECEIVE A RESPONSE?
Within 7 business days of the Town's receipt of the grievance, you will receive a confirmation that it has been received and is being investigated. If you do not receive a confirmation within 7 days, please contact the ADA Coordinator.
Absent extenuating circumstances, all grievances will be investigated, and a response issued, within 30 days of receipt of the grievance. If a delay is expected, the ADA Coordinator will notify you in writing of the reason(s) for the delay, and the date by which you will receive a response.
8. SHOULD I BE CONCERNED THAT A DEPARTMENT EMPLOYEE MIGHT RETALIATE AGAINST ME IF I COMPLAIN?
The Town of Carbondale will not retaliate against you for filing a grievance and will not knowingly permit retaliation by its employees. The Town will take reasonable steps to protect you from retaliation by others as a result of filing a grievance. Please let the ADA Coordinator know immediately if you feel you are being retaliated against for filing a grievance.
9. WHAT CAN I DO IF I AM NOT SATISFIED WITH THE RESULTS OF THE DEPARTMENT’S INVESTIGATION?
If you are not satisfied with the results of the investigation, you may submit a verbal or written appeal within 20 days of your receipt of the findings. Your appeal should detail the reasons you believe the findings to be in error. You will receive a response within 20 days of the day you submit your appeal.
Your appeal should be directed to the Director of the Town of Carbondale Parks and Recreation Department.
If you are not satisfied with the results of the appeal, you may file a complaint with the appropriate agency or department of the State or Federal government. Contact the U.S. Department of Justice, the U.S. Department of Education Office for Civil Rights, or the Colorado Department of Justice Civil Rights Division for information about how to file a complaint with these agencies.
Using this grievance procedure is not a prerequisite to pursuing any of your other remedies. However, in the interest of a prompt resolution of alleged discrimination, the Town of Carbondale encourages you to use this procedure.