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ADA Grievance Procedure
Grievance Procedure Under the Americans with Disabilities Act (ADA)

It is the policy of the City of San José to provide access to its services and programs for persons with disabilities in accordance with Title II of the Americans with Disabilities Act (ADA) of 1990. This Grievance Procedure is established to meet the requirements of the ADA. It may be used by anyone who wishes to file a complaint concerning access to City facilities, services, activities, programs, or benefits.

The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint will be made available for persons with disabilities upon request. The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:

Take the first step: Before filing your complaint, contact the City's ADA coordinator to discuss your concerns. The ADA coordinator can look into the issue and try to come up with an acceptable resolution to the situation. For more information, contact:

ADA Coordinator, City of San José

200 East Santa Clara Street, 5th Floor
San José, CA 95113-1905
408-535-8455 (voice)
408-294-9337 (TTY)

Departments should inform the ADA Coordinator immediately of any complaint that is filed with the department.

Receipt of a Complaint
Upon receipt of a complaint, the ADA Coordinator will provide the appropriate department ADA Liaison with a copy of the complaint. Within 15 calendar days after receipt of the complaint, the ADA Coordinator and/or the department ADA Liaison will then conduct an investigation that may involve meeting with the complainant to discuss the complaint and possible resolutions.
If an informal resolution is not reached with the complainant, within 60 calendar days after receipt of the complaint, the ADA Coordinator or department ADA Liaison will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio recording. The response will explain the position of the City and offer options for substantive resolution of the complaint.

If the response by the ADA Coordinator does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the City Manager or his/her designee.
Within 30 calendar days after receipt of the appeal, the City Manager or his/her designee will review the complaint and the determination of the ADA Coordinator and respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

Retainment Policy
All written complaints received by the City’s ADA Coordinator or his/her designee, appeals to the City Manager or his/her designee, and responses from these two offices will be retained by the ADA Coordinator for at least five years.

Employment-related complaints are governed by Chapter 1.1.1 of the City’s Policy Manuel, entitled “Discrimination and Harassment.” Employees and job applicants may file disability related complaints with the Office of Employee Relations at 408-535-8150 (voice) or 408-294-9337 (TTY).