Prior to filing a grievance, the public is strongly encouraged to contact the city to discuss any concerns regarding access to city services, programs, activities, facilities, communications, benefits or public right of way transportation facilities. The city’s ADA grievance procedure is intended to provide a clear point of contact for members of the public and to allow the city to review and respond to ADA-related concerns.

This procedure may be used for Title II ADA grievances related to city services, activities, programs, facilities, benefits, communications or public right of way transportation facilities, including but not limited to:

• City buildings, public meetings, programs, services, activities and events.
• City parks, recreation facilities and recreation programs.
• City communications, notices, forms, websites and other public information.
• Public right of way transportation facilities, including sidewalks, curb ramps, trails within the right of way, pedestrian crossings, pedestrian signals, accessible parking within the right of way, and other transportation facilities.
• Other city facilities, services, programs, activities, communications or benefits subject to Title II of the ADA.

The city will review each grievance and route it to the department or staff person responsible for the service, program, activity, facility, communication, benefit or transportation facility involved.

If the grievance does not concern a City of St. Louis Park service, program, activity, facility, communication, benefit or public right of way transportation facility, the city will work with the complainant to identify or contact the agency or entity that has jurisdiction, where known.

Purpose

This grievance procedure is established to meet the requirements of Title II of the Americans with Disabilities Act (ADA) of 1990. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of city services, activities, programs, facilities, benefits, communications or public right of way transportation facilities.

Employment-related complaints of disability discrimination are governed by the city’s personnel policies and are not addressed through this grievance procedure.

Procedure

The complaint should be in writing and contain information about the alleged discrimination, such as the name, address, phone number and email address of the complainant; the location, date and description of the problem; and the remedy sought, if known. Alternative means of filing complaints, such as a personal interview or other accessible method, will be made available for people with disabilities upon request.

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.

Send complaints to:

• Online: complete and submit the online ADA Title II grievance form
  
  
• Email: scan and email your completed form to: adacoordinator@stlouisparkmn.gov
  
  
• In-person or mail: print and deliver or mail your form to:
  
  Cindy Walsh, deputy city manager/ADA coordinator
  City of St. Louis Park
  5005 Minnetonka Blvd.
  St. Louis Park, MN 55416

The city will review the complaint to determine the appropriate department or staff person responsible for investigation and response. Within 15 working days after receiving the complaint, the appropriate city staff member will contact the complainant to meet or discuss the complaint and possible resolutions.

Within 15 working days of the meeting or discussion with the complainant, the city will respond in writing and, where appropriate, in a format accessible to the complainant. The response will explain the position of the city and, where appropriate, offer options for substantive resolution of the complaint.

If the response does not satisfactorily resolve the issue, the complainant and/or their designee may appeal the decision to the city manager or their designee within 30 calendar days after receipt of the response.

Within 30 calendar days after receipt of the appeal, the city manager or their designee will meet with the complainant to discuss the complaint and possible resolutions. Within 30 calendar days after the meeting, the city manager or their designee will respond in writing and, where appropriate, in a format accessible to the complainant with a final resolution of the complaint.

All written complaints, appeals and responses will be retained by the city in accordance with state and federal law.

Process

The city will review each grievance to determine whether it concerns a city service, program, activity, facility, communication, benefit or public right of way transportation facility.

The responsible department will review the complaint, coordinate with appropriate city staff, and provide a response consistent with this grievance procedure.

A staff person will be available to meet with the complainant to discuss the matter as part of the investigation and resolution process. The city will document each resolution of a filed complaint and retain documentation in accordance with state and federal law.

The city will consider all specific complaints within their context or setting. The city may consider varying circumstances, including:

• The nature of access to the service, program, activity, facility, communication, benefit or public right of way transportation facility at issue.
• The specific nature of the disability.
• The essential eligibility requirements for participation in the applicable program, service or activity.
• The health and safety of the complainant and others.
• Applicable federal, state and local standards.
• Whether the requested modification would constitute a fundamental alteration to the program, service, activity or facility.
• Whether the requested modification would result in an undue financial or administrative burden to the city.

The resolution of any one complaint does not constitute a precedent upon which the city is bound or upon which other complaining parties may rely.

File maintenance

The city shall maintain ADA complaint files in accordance with state and federal law.

Complaints alleging Title II violations may also be filed with the United States Department of Justice or another appropriate federal or state agency. Use of the city’s grievance procedure is not a prerequisite to filing a complaint with an outside agency or pursuing other remedies.

For more information, contact:

United States Department of Justice Civil Rights Division
Disability Rights Section
950 Pennsylvania Ave., NW
Washington, D.C. 20530

www.ada.gov
1.800.514.0301 voice
1.800.514.0383 TTY

Title II may also be enforced through private lawsuits in federal court. It is not necessary to file a complaint with the Department of Justice or any other federal agency, or to receive a “right-to-sue” letter, before going to court.