Section 775.10  Purpose

 

a)         This Part establishes an Americans With Disabilities Act Grievance Procedure (Procedure) pursuant to the Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) (ADA), and specifically Section 35.107 of the Title II regulations (28 CFR 35.107) requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities.  Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator.

 

b)         In general, the ADA requires that each program, service, and activity offered by the Office of the Comptroller (Office), when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

 

c)         It is the intent of the Office to foster open communication with all individuals requesting access to programs, services and activities.  The Office encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.

 

Section 775.20  Definitions

 

            "Complainant" is an individual with a disability who files a grievance form provided by the Office in accordance with this Part.

 

            "Designated Coordinator" is the person appointed by the Comptroller to coordinate the Office's efforts to comply with and carry out its responsibilities under Title II of the ADA, including investigation of grievances filed by complainants.  The Designated Coordinator for the Office is the ADA Coordinator.  The ADA Coordinator may be contacted at the Office of the Comptroller, 325 West Adams, Springfield, Illinois 62706 or by telephone at 217/782-6000 (voice), 217/782-1308 (TDD).

 

            "Disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such impairment; or being regarded as having such an impairment.

 

            "Grievance" is any complaint under the ADA by an individual with a disability who meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by the Office, and who believes he or she has been excluded from participation in or denied the benefits of any program, service or activity of the Office, or has been subject to discrimination by the Office on the basis of his or her disability.

 

            "Qualified individual with a disability" means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the Office.

 

Section 775.30  Procedure

 

a)         A grievance shall be submitted in accordance with the procedures established in Sections 775.40 and 775.50 of this Part, in the form and manner described, and within specified time limits.  Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement in writing by the complainant and the reviewer at the Designated Coordinator and Final Levels.

 

b)         A complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure, within the specified time limits shall mean that the complainant has withdrawn the grievance or has accepted the last response given in the grievance procedure as the Office's final response.

 

c)         The Office shall, upon being informed of individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the grievance form.

 

d)         A complainant may use the assistance of an advocate in any stage of the grievance procedure.

 

Section 775.40  Review at the Designated Coordinator Level

 

a)         If an individual desires to file a formal written grievance, the individual shall promptly, but no later than 180 days after the alleged discrimination, submit the grievance to the Designated Coordinator in writing on the prescribed grievance form. (See Appendix A.) The grievance form shall be completed in full in order to receive proper consideration by the Designated Coordinator, and shall include:

 

1)         the complainant's name and, if applicable, address and telephone number;

 

2)         the best means and time for contacting the complainant;

 

3)         the program, activity or service which was denied complainant or in which alleged discrimination occurred;

 

4)         the date and nature of the alleged denial or discrimination;

 

5)         the signature of the complainant.

 

b)         Upon request, assistance shall be provided by the Office to complete the grievance form.

 

c)         The Designated Coordinator or his/her representative shall investigate the grievance and shall make reasonable efforts to resolve it.  The Designated Coordinator shall provide a written response to the complainant and to the Comptroller within ten (10) business days after receipt of the grievance form.

 

Section 775.50  Review at the Final Level

 

a)         If a grievance has not been resolved by the designated coordinator to the satisfaction of the complainant, the complainant shall submit a copy of the grievance form and designated coordinator's response to the Comptroller for final review within ten (10) days after receipt of the Designated Coordinator's written response.  The complainant shall submit these documents to the Comptroller, together with a short written statement explaining the reason(s) for dissatisfaction with the designated coordinator's response. The Comptroller will extend the period for submitting the review request and supporting documents for up to ten (10) additional days upon complainant's request.

 

b)         The Comptroller shall appoint a three (3) member panel consisting of a representative from the Personnel Department, the Legal Department and the Comptroller's Executive Staff to review the grievance (hereinafter referred to as the "Review Panel").  The Designated Coordinator, who rendered the written response to the complainant, shall not be eligible to serve on the Review Panel.  One member so appointed shall be designated Chairman.  If possible, the Comptroller shall include as one of these appointments, a person with a disability.

 

c)         The complainant shall be afforded an opportunity to appear before the Review Panel.  The Review Panel shall review Designated Coordinator's written response and may conduct interviews and seek advice as the Review Panel deems appropriate.

 

d)         The Review Panel shall approve, disapprove or modify the recommendations of the Designated Coordinator, shall render a decision thereon in writing within thirty (30) days, shall state the basis therefore, and shall cause a copy of the decision to be served on the parties. The Review Panel's decision shall be final.  If the Review Panel disapproves or modifies the Designated Coordinator's recommendations, the Review Panel shall include written reasons for such disapproval or modification.

 

e)         The grievance form, the Designated Coordinator's response, the statement of reasons for dissatisfaction, and the decision of the Review Panel shall be maintained in accordance with the State Records Act (Ill. Rev. Stat. 1991, ch. 116, par. 43.4 et seq.) [5 ILCS 160/1] or as otherwise required by law.

 

Section 775.60  Accessibility Policy

 

The Office shall ensure that all stages of the grievance procedure are readily accessible to and usable by individuals with disabilities.

 

Section 775.70  Case-by-Case Resolution

 

Each grievance involves a unique set of factors which include, but each are not limited to:  the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and, whether or not an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Office.  Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

 

Section 775.APPENDIX A:  Grievance Form

 

Grievance

Discrimination Based on Disability

 

It is the policy of the Office of the Comptroller to provide assistance in filling out this form.  If assistance is needed, please ask:

 

ADA Coordinator – Office of the Comptroller

325 West Adams Street

Springfield, Illinois 62706

217/782-6000 (Voice) – 217/782-1308 (TTD)

 

Name:
Address:
City, State and Zip Code:
Telephone No.:
The Best Means and Time for Contacting:
Program, Service, or Activity to which Access was Denied or in which Alleged
Discrimination Occurred:
Nature of Alleged Discrimination:
(Attach additional sheets, if necessary.)

 

I certify that I am qualified or otherwise eligible to participate in the program, service or activity and the above statements are true to the best of my knowledge and belief.

 

 

 

Signature		Date

 

Please give to the ADA Coordinator at the address listed above.

 

 

For Office Use Only

 

Date Received:  ____________________ By: __________________________________