City of Eureka Springs ADA Policy and Complaint Procedure
If a public entity has 50 or more employees, it is required to designate at least one responsible employee to coordinate Americans with Disabilities Act (ADA) compliance. The City of Eureka Springs has designated the Assistant to the Mayor as its primary ADA Coordinator. The ADA Coordinator is responsible for coordinating the efforts of the City to comply with Title II and for investigating any complaints that the City has violated Title II of the ADA.
All complaints or grievances submitted to the City of Eureka Springs must be in writing on the designated form and contain specific information about the alleged violation or discrimination including: name; address; telephone number of the complainant; and the location, date, and a complete description of the problem. Anonymous complaints or grievances will not be accepted. Alternative means of filing complaints or grievances may be accepted at the discretion of the ADA Coordinator. These may be submitted by telephone, e-mail (confidentiality cannot be assured), letter, personal interview, or tape recording, upon request. However, all complaints or grievances must provide all the information required consistent with the format of the official complaint form. See Attachment #1 ADA Complaint Form
All complaints must be submitted by the complainant or his/her designee to the ADA Coordinator at the below location or, upon approval of a request to submit in an alternative method, by telephone at (479) 253-9703 (Voice) or via e-mail. Complaints should be submitted as soon as possible, but no later than 60 calendar days, after the date of the alleged violation or discriminatory act.
Kim Stryker, ADA Coordinator
44 S. Main
Eureka Springs, AR 72632
Telephone number: (479) 253-9703
Each complaint filed will be reviewed by the ADA Complaint Review Committee. The Committee is by Mayoral appointment and is made up the ADA Coordinator and of individuals who have standing within the disabled community, and/or are the parent of disabled individuals, and/or who have a working knowledge of ADA requirements in general. The scope of the ADA Complaint Review Committee relates to City owned property, facilities, and programs covered under Title II of the ADA.
Upon receipt of complaint, the ADA Complaint Review Committee will convene within 2 weeks in open meeting to review 1) the specific area of ADA requirements pertinent to the complaint at hand 2) any mitigation to the requirements due to historic structure or district 3) the current compliance achieved in this specific area by the City of Eureka Springs and 4) the complaint itself. The Committee will come to agreement regarding the suggested resolution stated in the complaint, and if any recommended step(s) are to be taken. Within 30 days of review of the complaint, the Committee finding will be communicated in writing to the originator of the complaint, as well as to the Mayor. See Attachment #2 ADA Complaint Response Form
If the response by the ADA Review Committee does not satisfactorily resolve the issue, the decision may be appealed to the Mayor or his/her designee within 30 calendar days following receipt of the response.
Within 10 business days after receipt of an appeal, the Mayor or his/her designee will contact the complainant to discuss the complaint or grievance and possible resolutions. Within 15 business days of this contact, the Mayor will respond in writing and, where appropriate, in a reasonable format accessible to the complainant, with a final resolution of the complaint or grievance.
Every reasonable attempt will be made by the City of Eureka Springs to remedy the complaints or grievances in a timely manner subject to staff and budget constraints. If any ADA complaint or grievance resides under the jurisdiction of another public entity, the complainant will be notified that the City of Eureka Springs lacks jurisdiction and will be referred to the appropriate jurisdiction.
All complaints filed and findings of the Review Committee will be kept on file in the Office of the Mayor, City Hall 44 S. Main Street Eureka Springs AR 72632.
These procedures shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and to assure that the City of Eureka Springs complies with Title II of the ADA and implementing regulations.