| (a) Policy.
(1) The Texas Department of Public Safety has adopted an internal
grievance procedure providing for prompt and equitable resolution of complaints
alleging any action prohibited by the United States Department of Justice
regulations implementing Title II of the Americans with Disabilities Act (ADA).
Title II states, in part, that "no otherwise qualified disabled individual
shall, solely by reason of such disability, be excluded from the participation
in, be denied the benefits of, or be subjected to discrimination" in programs
or activities sponsored by a public entity.
(2) Complaints should be addressed to: Commander, Human Resources
Bureau, 5805 North Lamar Boulevard, P.O. Box 4087, Austin, Texas 78773-0251,
(512) 424-5901, who has been designated to coordinate ADA compliance efforts.
(3) The ADA coordinator shall maintain the files and records
of the Texas Department of Public Safety relating to the complaints filed.
(4) The right of a person to a prompt and equitable resolution
of the complaint filed hereunder shall not be impaired by the person's pursuit
of other remedies such as the filing of an ADA complaint with the responsible
federal or state department or agency. Use of this grievance procedure is
not a prerequisite to the pursuit of other remedies.
(5) This policy shall be construed to protect the substantive
rights of interested persons to meet appropriate due process standards, and
to assure that the Texas Department of Public Safety complies with the ADA
and the implementing regulations.
(b) Complaint procedures for program compliance.
(1) A complaint should be filed in writing or verbally, contain
the name and address of the person filing it, and briefly describe the alleged
violation of the regulations.
(2) A complaint should be filed within 30 days after the complainant
becomes aware of the alleged violation. (Processing of allegations of discrimination
which occurred before adoption of this section will be considered on a case-by-case
basis.)
(3) An investigation, as may be appropriate, shall follow a
filing of complaint. The investigation shall be conducted by an employee designated
by the assistant director. The designated investigator may not be a member
of the same service or bureau administering the program or activity complained
of. This procedure contemplates informal but thorough investigations, affording
all interested persons and their representatives, if any, an opportunity to
submit evidence relevant to a complaint. A copy of the investigative report
will be forwarded to the major division chief over the program or activity
complained of.
(4) A written determination as to the validity of the complaint
and a description of the resolution, if any, shall be issued by the major
division chief and a copy forwarded to the complainant no later than 30 days
after its filing.
(5) The complainant can request a reconsideration of the case
in instances where he or she is dissatisfied with the resolution. The request
for reconsideration should be made to the assistant director within 10 days
of the date of the written determination issued by the major division chief.
Based on his review of the investigation, the assistant director may alter
the determination of the major division chief.
(c) Complaint procedure for employment compliance.
(1) An applicant for employment may file a complaint in writing
or verbally. The complaint should contain the name and address of the person
filing it. A complaint should be filed within 30 days after the complainant
becomes aware of the alleged violation. (Processing of allegations of discrimination
which occurred before adoption of this section will be considered on a case-by-case
basis.)
(2) A board consisting of the Equal Employment Opportunity
(EEO) officer and two other members to be named by the director has been established
to receive, review, and make determinations as to validity on complaints of
discrimination. Upon receipt of the complaint, the ADA coordinator will forward
the complaint to the EEO officer.
(3) The complaint must fully describe the nature of the complaint
and provide sufficient details to enable the board to arrive at a thorough
understanding of what has occurred. The board may request additional information.
(4) A written determination as to the validity of the complaint
and a description of the resolution, if any, shall be issued by the EEO officer
and a copy forwarded to the complainant, the chief of legal services, and
the ADA coordinator no later than 30 days after its filing.
(5) The complainant can request a reconsideration of the case
in instances where he or she is dissatisfied with the resolution. The request
for reconsideration should be made to the assistant director within 10 days
of the date of the written determination issued by the EEO officer. Based
on his review of the investigation, the assistant director may alter the determination
of the EEO officer.
(6) The ADA coordinator will advise the Office of General Counsel,
as necessary, about complaints received and the resolution of such complaints.
The Office of General Counsel shall assist the coordinator as the need arises.
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