City of Bend Americans with Disabilities Act Title II and/or Section 504 of the Rehabilitation Act of 1973

1.1 The Accessibility Manager will coordinate the efforts of the City of Bend in order to comply with the ADA and/or Section 504 and shall receive all ADA grievances, communications, concerns and/or complaints regarding access issues.

2.1 A complaint should be in writing, contain the name and address of the person filing it, and briefly describe the action alleged to be prohibited by the ADA and/or Section 504 (45 CFR Part 84).

2.2 A complaint should be filed with the City within a reasonable time (60 days) after the person filing the complaint becomes aware of the action alleged to be prohibited by the ADA and/or Section 504. The complaint should be in writing but alternative methods of filing, such as personal interviews or audio recordings of the issue, will be made available for persons with disabilities upon request.

2.3 The Accessibility Manager will contact the person filing the complaint within fifteen (15) calendar days of receipt of the complaint to discuss the issue.

2.4 The Accessibility Manager, or that person’s designee, shall conduct an investigation of the complaint as appropriate to determine its validity. This policy contemplates informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to tell their story, candidly discuss their concerns, and submit evidence if they choose relevant to the complaint. Investigations will be kept confidential to the extent allowed by law and the City determines confidentiality can be maintained while allowing us to fulfill our obligations. The Accessibility Manager may assist persons with the preparation and filing of the complaints and participate in the investigation of complaints. He or she will advise in writing his/her supervisor of the resolution of the complaint, including the date the complaint was received, the nature of the complaint, and the actual/projected date of resolution. Copies will be sent to the appropriate department head and City Manager.

2.5 The Accessibility Manager, or that person’s designee, shall issue a response in writing or in a format accessible to the person filing the form, such as large print, Braille, or audio recordings, determining the validity of the complaint no later than 30 days after its filing offering the City’s position on the issue and options for substantive resolution of the issue.

2.6 If the resolution issued by the Accessibility Manager or his/her designee does not satisfactorily resolve the issue, the resolution may be appealed within fifteen (15) calendar days after receipt of the resolution. The City Manager or his/her designee will meet with the persons filing the appeal to discuss the issue and possible resolutions. Within fifteen (15) calendar days of the meeting to resolve the appeal, the City Manager or designee will provide (by email or first class mail) a written resolution of the appeal. Alternative formats of the written resolution, such as personal interviews or audio recordings of the issue, will be made available for persons with disabilities upon request. The City Manager or designee’s decision is final and binding.

2.7 The Accessibility Manager shall maintain the files and records of the City of Bend relating to complaints for at least ten (10) years from the resolution of the grievance complaint.

2.8 This policy shall be liberally constructed to protect the substantial rights of interested persons, to meet appropriate due process standards, and to assure the City of Bend’s compliance with the ADA and Section 504 as stated above.

If you would like to file a grievance complaint, please contact Cassandra Kehoe at ckehoe@bendoregon.gov or via phone at 541-693-2141.