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<br /> <br /> 28 <br />Telephone <br />Contact the pertinent City staff person listed in the Contact Information section of Appendix E to submit <br />an oral grievance. The staff person will prepare and submit the grievance form on <br />behalf of the person filing the grievance. <br /> <br />Paper Submittal <br />Contact the pertinent City staff person listed in the Contact Information section of Appendix E to request <br />a paper copy of the cities grievance form, complete the form, and submit it to the Responsible Party. A staff <br />person will utilize the Internet method above to submit the grievance on behalf of the person filing the <br />grievance. <br /> <br />The ADA Grievance Form will ask for the following information: <br />The name, address, telephone number, and email address for the person filing the grievance <br />The name, address, telephone number, and email address for the person alleging an ADA violation (if <br />different than the person filing the grievance) <br />A description and location of the alleged violation and the nature of a remedy sought, if known by <br />the complainant. <br />If the complainant has filed the same complaint or grievance with the United States Department of Justice <br />(DOJ), another federal or state civil rights agency, a court, or others, the name of the agency or court <br />where the complainant filed it and the filing date. <br /> <br />If the grievance filed does not concern an Elk River facility, the city will work with the complainant to <br />contact the agency that has jurisdiction. Within 60 calendar days of receipt, a staff person will conduct an <br />investigation necessary to determine the validity of the alleged violation. As a part of the investigation, the <br />staff person may conduct an engineering study to help determine the cities response. The staff person will <br />take advantage of department resources and use engineering judgment, data collected, and any information <br />submitted by the resident to develop a conclusion. A staff person will be available to meet with the <br />complainant to discuss the matter as a part of the investigation and resolution of the matter. The City will <br />document each resolution of a filed grievance and retain such documentation in the department’s ADA <br />Grievance in accordance with state and federal law. <br /> <br />The City will consider all specific grievances within its particular context or setting. <br /> <br />Furthermore, the City will consider many varying circumstances including: 1) the nature of the access to <br />services, programs, or facilities at issue; 2) the specific nature of the disability; 3) the essential eligibility <br />requirements for participation; 4) the health and safety of others: and 5) <br />the degree to which an accommodation would constitute a fundamental alteration to the <br />program, service, or facility, or cause an undue hardship to Sherburne County. <br />Accordingly, the resolution by Sherburne County of any one grievance does not constitute a <br />precedent upon which the City is bound or upon which other complaining parties may rely. <br /> <br />File Maintenance <br /> <br />The City shall maintain ADA grievance files in accordance with state and federal law. <br />Complaints on Title II violations may also be filed with the DOJ within 180 days of the date of <br />discrimination. In certain situations, cases may be referred to a mediation program sponsored <br />by the Department of Justice (DOJ). The DOJ may bring a lawsuit where it has investigated a