ADA Complaint / Grievance Procedure

This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 (ADA). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by Spencer County. Spencer County's Personnel Policy governs employment- related complaints of disability discrimination.

File a Complaint

The complaint should 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.

Submit the Complaint

The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 180 calendar days after the alleged violation to:
Kay Erwin, ADA Coordinator
200 Main Street
Room 6
Rockport, IN 47635

Complaint Response

Within 15 calendar days after receipt of the complaint, Phil Brown or his designee will arrange to meet with the complainant to discuss the complaint and the possible resolutions. Within 21 calendar days of the meeting, Kay Erwin or his designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of Spencer County and offer options for substantive resolution of the complaint.

Appeal the Decision

If the response by Kay Erwin or his designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the County Commissioners or their designee.

Within 15 calendar days after receipt of the appeal, the County Commissioners or their designee will arrange to meet with the complainant to discuss the complaint and possible resolutions. Within 21 calendar days after the meeting, the County Commissioners or their designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

Federal Appeal

If the complainant or respondent is not satisfied with the results of the investigation of the alleged discriminatory practice(s), he or she shall be advised of their rights to appeal Spencer County’s decision to INDOT, Federal Transit Administration, U.S. Department of Transportation or U.S. Department of Justice. The complainant has 180 calendar days after the appropriate County’s final resolution to appeal to USDOT.

Complaint Retention

All written complaints received by Kay Erwin or his designee, appeals to the County Commissioners or their designee, and responses from these two offices will be retained by Spencer County for at least three years.