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ADA Grievance Procedure
POLICY
This grievance procedure is established to meet the requirements of the Americans with Disabilities Act. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in employment practices and policies, or the provision of services, activities, programs, or benefits by the City of Miami Beach. The complaint should be in writing and contain information regarding the perceived discrimination, and the complainant's name, address, phone number and classification. It should also include the location, date, and a comprehensive description of the problem. Upon request, alternative means of filing complaints shall be made available upon request.
The written complaint should be submitted by the grievant or his/her designee as soon as possible but no later than 60 business days after the alleged violation. Complaints shall be confidential to the extent possible but cannot be kept from the people who are in a position to investigate and take corrective action, if appropriate.
Staff in a position of authority shall make every effort not to take any adverse personnel action against the complainant or take any other action that may be perceived as retaliatory by any party. Human Resources shall investigate and review complaints, determine whether an act of illegal discrimination has occurred, and recommend an appropriate action to the City Manager or designee. Managers and supervisors shall be held accountable for their prompt attention to and execution of necessary preventative, corrective, and positive actions.
Submit complaints regarding alleged violations of the ADA to:
Valeria Mejia, ADA Coordinator
Public Works Engineering
1700 Convention Center Drive
Miami Beach, FL 33139
305-673-7000 x22988
Within 15 business days of receipt of the complaint, the ADA Coordinator, Valeria Mejia will contact the complainant to
discuss the complaint and possible resolutions. Within 15 business days after the meeting, Ms. Mejia shall 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 the City of Miami Beach and offer options for substantive resolution of the complaint.
If the response from Ms. Mejia does not satisfactorily resolve the issue, the complainant or his/her designee may appeal, within 15 business days of receipt of the response, to the Director of the Human Resources Department and Assistant Director.
The Human Resources Department Director shall transmit the conclusions and recommendations to the appropriate Department Director, or Assistant City Manager if the Department Director is the subject of the complaint. If the matter cannot be resolved to the satisfaction of all parties the Human Resources Director, Assistant Director, and the appropriate Department Director shall seek guidance from the appropriate Assistant City Managers and City Manager.
Within 15 business days after the meeting, the Human Resources Director will respond in writing and, where appropriate, in a format accessible to the complainant, with a final resolution to the complaint. All written complaints and related documents shall be kept by the City of Miami Beach ADA Coordinator for at least three years.
Although the City of Miami Beach is committed to resolving complaints of illegal discrimination in-house, it is unrealistic to expect that every complainant will be satisfied with the investigation and resolution of the matter. Therefore, all complainants in such cases shall be informed of their right to file a complaint with an outside agency.
Under no circumstances shall the complaint and investigative file become a part of an employee's personnel folder, the
official personnel file or any file maintained by the department, division or supervisor.Comments regarding the complaint shall not be included in any complainant's performance evaluation.
The complainant shall be given the following information in writing and a copy of such notification shall be included in the investigative file.
Miami-Dade County Office of Human Rights and Fair Employment Practices
111 NW 1 Street, 22nd Floor
Miami, FL 33128
Phone: 305.375.2784
Fax: 305.375.2114
Email: OFEP@miamidade.gov
Equal Employment Opportunity Commission
2 Biscayne Boulevard, Suite 2700
Miami, FL 33131
Phone: 786.648.5790
Florida Commission on Human Relations
2009 Apalachee Parkway, Suite 100
Tallahassee, FL 32301
Phone: 850.488.7082
