Complaint and Grievance Procedure under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act

The Complaint and Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA") and Section 504 of the Rehabilitation Act of 1973. It may be used by anyone who wishes to file a complaint or grievance alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by York County. York County’s Personnel Policy governs employment-related complaints of disability discrimination.

York County wants to hear concerns and complaints from citizens in order to provide accessible programs, services, and activities.  Citizens may call with a comment, concern or complaint without filing a formal grievance. A formal grievance may be filed by completing the grievance and complaint form by contacting the York County ADA Coordinator, or the designated alternative person.

If a citizen wants to file a formal grievance, procedures and forms will be provided.  It is preferred that the grievance be in writing and contain information about the alleged discrimination including name, address, and contact information of the grievant.  A description of the problem that includes location and date is requested.

Alternative means of filing complaints, such as personal interviews or a video/audio recording of the complaint, will be made available for persons with disabilities upon request. If additional accommodations are needed, please contact the ADA Coordinator.

Grievance Form - Word Version
Grievance Form - PDF Version

The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:

Brian Woodward - Director of Public Works, ADA Coordinator
York County, Virginia
105 Service Drive, P.O. Box 532
Yorktown, VA 23690-0532
Phone: 757-890-3750
TTY: 757-890-3621 or by state relay at 7-1-1
Email

Within 15 calendar days after receipt of the complaint, Brian Woodward or his designee will contact the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting Brian Woodward 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 York County’s position and will offer options for substantive resolution of the complaint.

If the response by Brian Woodward or his designee does not satisfactorily resolve the issue, the complainant and/or his designee may appeal the decision within 15 calendar days after receipt of the response to James Barnett, County Attorney or his designee.

Within 15 calendar days after receipt of the appeal, James Barnett, County Attorney, or his designee will contact the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, County Attorney or his designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. If a grievant, who does not feel that their complaint is being appropriately resolved, would need to file a complaint with the Disability Rights Section (DRS) in the Department of Justice. A complaint can be filed online (https://www.ada.gov/complaint), by mail (US Department of Justice, 950 Pennsylvania Avenue, NW, Civil Rights Division , Disability Rights Section – 1425 NYAV, Washington, D.C. 20530), or by facsimile (202-307-1197).

All written complaints received by Brian Woodward or his designee, appeals to the County Attorney or his designee, and responses from these two offices will be retained by York County for at least three years.

A copy of York County’s ADA/504 Self-evaluation and Transition Plan is available from the ADA Coordinator.