Standard Procedure 13 Americans with Disabilities Act Grievance Procedure

Effective:  February 5, 2024
Supersedes:  12/30/2015
Prepared by: Legal
Approved by:  Russ Overton, Deputy Town Manager

PURPOSE:

This procedure provides the process for anyone who wishes to file a complaint alleging noncompliance by the Town of Cary with the provisions of the Americans With Disabilities Act
(“ADA”). 

PROCEDURE:

A.   EMPLOYEE

Any employee who has a complaint alleging non-compliance by the Town of Cary with the ADA
shall resolve that complaint using the grievance procedure outlined in Chapter 2-96 of the Town
of Cary Code of Ordinances or any other applicable employee grievance procedure.

B.    CITIZENS

1. Any citizen or their designee (“Complainant”) who alleges non-compliance by the Town with
the ADA may file a Complaint. The Complaint should be filed as soon as possible after the
alleged event of non-compliance, but no later than sixty (60) days after the alleged event.

2. The Complaint shall be in writing signed by the Complainant. If the Complainant is unable
to file the Complaint in writing due to a disability, alternative means of filing, such as
personal interviews or a recording of the Complaint, will be made available upon request by
contacting Cary’s 311 system at 311@carync.gov or by calling 311 (or (919) 469-4000
outside of Cary Town limits).

3. The Complaint shall contain the name, address, and phone number of the Complainant;
information about the alleged event of non-compliance, such as location, date, and
description of the alleged event of non-compliance; and the Complainant’s requested
resolution of the Complaint. Cary's fillable ADA Grievance form can be found here.

4. The Complaint shall be filed through Cary’s 311 system. The Complainant may email the
complaint to 311@carync.gov; may file a 311 Request at services.carync.gov; or
may call 311 (or (919) 469-4000 outside of Cary Town limits) if alternative means of filing
are necessary.

5. The ADA Coordinator shall investigate all Complaints in light of the ADA and the Town’s
ADA Transition Plan (dated October 21, 2016). The ADA Coordinator may request
additional information from the Complainant to aid in the investigation. At the time of
approval of this procedure, the ADA Coordinator is:

Reid Saunders
P.O. Box 8005
Cary, NC 27512-8005
(919) 380-2785
Reid.Saunders@carync.gov

6. The ADA Coordinator will respond in writing through the 311 case that is created or in a
format accessible to the Complainant (the “Response”) upon completion of their review and
investigation. The ADA Coordinator should endeavor to provide the Response within thirty
(30) days of receipt of a complete Complaint.

7. The Response shall do the following:

a. Restate the Complaint.
b. State the section of the ADA with which the Town is alleged not to be in
compliance.
c. State the finding of the ADA Coordinator, including offering options for resolution
of the Complaint, if appropriate.

8. If the ADA Coordinator finds the Town is not in compliance with the ADA, the Response will
identify the process and schedule to be used by the Town to obtain compliance.

9. If the ADA Coordinator finds that the Town is in compliance with the ADA but the
Complainant does not agree, the Complainant may appeal the Response to the Town
Manager, or designee, within ten (10) days after receipt of the Response, using the method
described above in paragraph 4.

10. The Town Manager shall decide the appeal and respond in writing through the 311 case or
in a format accessible to the Complainant (the “Decision”) within thirty (30) days of receipt of
the appeal. Failure to issue the Decision within 30 days should be considered a denial of
the appeal.

11. The Complaint, Response, and Decision will be retained by the Town as required by the
North Carolina Public Records Act.