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APPENDIX 9.4 <br />Request for Service and Grievance Criteria and Procedures <br />Decision Criteria <br />The follow criteria will be used by Public Works staff and decision -makers in evaluating requests for service <br />and grievances: <br />• The Public Works ADA Transition Plan for Facilities within the Right of Way. <br />• Engineering principles as described in the Public Improvements Design Standards Manual and the 2011 <br />Notice of Proposed Rulemaking for ADA Guidelines for facilities within the Right of Way (until a final rule <br />is adopted is adopted by FHWA/DOJ). <br />• Existing local, state and federal laws regulating the use of public ways. <br />• The efficient use of the public way by the public. For example, distance to nearest accessible crossing, <br />how long has barrier been an issue for complainant. <br />• The use of abutting property. <br />• The intensity of the use of the street by vehicles and pedestrians. <br />• The physical condition and characteristics of the street and abutting property. <br />• Construction within or adjacent to the street. <br />Investigation Criteria and Procedures <br />1. Initial Contact — A complaint may be filed in a variety of methods — in person, by telephone, mail and on- <br />line. The complaint will be recorded in MMS and an acknowledgement of receipt will be sent to the <br />complainant that describes the next steps to processing the complaint. <br />2. The complaint shall be investigated unless: <br />• The complaint is withdrawn. <br />• There has not been a Request for Service (RFS) made. <br />• The complainant fails to provide required information after numerous requests. <br />• The complaint is not timely filed. <br />• Any issues that do not involve ADA barriers within the right of way will be directed to <br />the appropriate entity. Under no circumstances is the complainant discouraged from <br />filing a complaint. <br />• Barrier is not within City's jurisdiction. (private property, ODOT, Lane County) <br />3. The authorized staff representative (per Transition Plan process or by delegation) will contact the <br />complainant in order to acknowledge receipt of the complaint, introduce self and provide personal <br />contact information, review the complaint, explain the grievance process and schedule an interview. <br />4. The "investigator' shall prepare a written record of the investigation which includes: <br />• The name of the complainant, contact information and additional preferences for <br />communication (in addition to the required written response). <br />• Basis of complaint — i.e., Complainant's description of the barrier in the right way. <br />• Remedy sought by the complainant. <br />• Information needed in order to address the issue — include sources for information and <br />key staff. <br />• Estimated investigation timeline. <br />Conducting the investigation: <br />• The investigation will address only those issues relevant to barriers within the right of <br />way. <br />• While the information is subject to public information laws, confidentiality will be <br />maintained as much as possible. Oftentimes people may self -disclose personal <br />