PERSONNEL REGULATIONS SECTION 193
AMERICANS WITH DISABILITIES ACT COMPLAINT RESOLUTION PROCEDURE
CONCERNING ACCESSIBILITY TO FACILITIES, PROGRAMS, SERVICES AND ACTIVITIES
OFFERED BY THE COUNTY OF SANTA CRUZ (Resolution 35-92 1/21/92)
193.1 On July 26, 1990, the Federal Government enacted the Americans
with Disabilities Act (ADA) which requires the County of Santa Cruz to
make facilities accessible and to make reasonable accommodations to
integrate qualified individuals with disabilities into services, pro-
grams and/or activities offered by the County of Santa Cruz. If you
believe that you have been discriminated against on the basis of a
disability in connection with Santa Cruz County's facility access or
programs, services or activities, you have the right to file a com-
plaint with the department of the County of Santa Cruz responsible for
the program, or with any agency that provides funding to the County
department that is the subject of the complaint, or with the U.S.
Department of Justice.
193.2 Complaint Procedure
A. Purpose: This complaint procedure is intended to provide a progressive
series of steps through which a discrimination complaint may be pre-
sented with the aim of resolving the complaint at the lowest adminis-
trative level within the County departments. This procedure is not
intended to supplement or supplant any other formal appeal or com-
plaint procedure under the ADA.
B. Application: A qualified individual with disabilities, a specific
class of individuals, or their authorized representative(s) may file a
formal discrimination complaint, in writing, with the County Equal
Employment Opportunity Office. ADA complaint forms may be obtained
from the responsible department or the County Equal Employment Oppor-
tunity Office, 701 Ocean Street, Room 510, Santa Cruz, California,
C. Timing: A discrimination complaint must be filed with the Santa Cruz
County Department within 60 days of occurrence of the alleged com-
D. Where to File: An individual may file a complaint with the County
department or the County Equal Employment Opportunity Office, 701
Ocean Street, Room 510, Santa Cruz, CA 95060.
E. Scope of Complaints: A discrimination complaint under these proce-
dures may only be filed if it relates to access to any facilities,
services, programs, or activities run by Santa Cruz County. Specifi-
cally excluded from this complaint procedures are subjects involving
employment with the County of Santa Cruz. These subjects are covered
Section 193 - Page 1
under the Santa Cruz County Discrimination or Harassment Complaint
Procedure, Personnel Regulations Section 192.
Section 193 - Page 2
193.3 Resolution of Complaints
A. The complainant may informally discuss the complaint with the Depart-
ment Head or the Equal Employment Opportunity Officer concerning pro-
gram or architectural barrier complaints to attempt to resolve the
issue at the informal level.
B. If the complaint is not settled through informal discussion, the com-
plainant may file a formal complaint within sixty (60) calendar days
of the occurrence of an alleged complaint. The formal complaint shall
be presented in writing to the Department Head. The complaint form
shall contain information which:
1) Identifies the complaint.
2) Indicates the date, time and place of its occurrence.
3) Contains the specific nature of the complaint.
4) Indicates the consideration given or steps taken to secure
informal resolution including the date of informal discus-
5) States the corrective action desired.
A copy of the complaint will be sent to the Equal Employment Opportu-
nity Officer by the department within five (5) calendar days of re-
ceipt of the complaint. A decision by the Department Head shall be
made in writing within thirty (30) calendar days of receipt of the
C. If the complaint is not settled at Step 2, the complainant may, within
fifteen (15) calendar days after receipt of the Department Head's
response at Step 2, refer the complaint to the Equal Employment Oppor-
tunity Officer at 701 Ocean Street, Room 510, Santa Cruz, CA 95060.
The Equal Employment Opportunity Officer or his/her designee shall
respond in writing within thirty (30) calendar days after the date of
receipt of the complaint.
D. If the complaint is not satisfied with the decision of the Equal Em-
ployment Opportunity Officer at Step 3, the complainant may, within
one (1) calendar week after receipt of the Step 3 decision, request
that the County Administrative Officer consider the complaint and make
a decision within forty-five (45) calendar days.
193.4 General Provisions
A. Time limits specified in the processing of complaint may be waived by
mutual written agreement.
B. If a complainant does not present his/her complaint or does not appeal
the decision rendered regarding his/her complaint within the time
limits, the complaint shall be considered resolved.
C. If the Department Head, or the Equal Employment Opportunity Officer
does not respond within the time limits provided, the aggrieved may
Section 193 - Page 3
proceed to the next step of this complaint procedure, or file such
complaint with the Federal Government as specified within the Ameri-
cans with Disabilities Act.
D. A copy of the complaint form shall be forwarded by the County to the
appropriate federal agencies, including the U.S. Department of Jus-
tice, when the formal complaint is filed with the County Administra-
E. In the event of an unusual number of complaints being filed, the Coun-
ty may consolidate like complaints and/or temporarily suspend com-
plaint processing by extending the timeline of the complaint proce-
dures. In the case of suspension, all formal written complaints shall
be forwarded by the County to the appropriate federal agencies, in-
cluding the U.S. Department of Justice.
F. Each County Department will be responsible for noticing their clients
of this complaint resolution procedure and the appropriate federal
agencies, including the U.S. Department of Justice, for appeal.
G. In the case of facility accessibility, regulations promulgated under
the State of California, Title 24 provisions will be adhered to where
the regulations are more restrictive than the regulations promulgated
under the ADA federal agencies regulations.
Section 193 - Page 4