Section 1800.10  Purpose

 

a)         The Americans With Disabilities Act grievance procedure is established pursuant to the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.) (ADA) and specifically 28 CFR 35.107 requiring that a procedure be established to resolve grievances asserted by qualified individuals with disabilities. Any individual desiring to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it may contact the Designated Coordinator.

 

b)         In general, the ADA requires that each program, service and activity offered by the State Board of Elections (Office), when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

 

c)         It is the intent of the Office to foster open communication with all individuals requesting ready access to programs, services and activities.  The Office encourages directors of programs, services and activities to respond to requests for modifications before they become grievances.

 

Section 1800.20  Definitions

 

"ADA" means the Americans With Disabilities Act (42 USC 12101 et seq.).

 

"Complainant" is an individual with a disability who files a Grievance Form provided by the Office in accordance with Section 1800.30.

 

"Designated Coordinator" is the person appointed by the State Board of Elections to coordinate the Office's efforts to comply with and carry out its responsibilities under Title II of the ADA (State and Local Government Services and Public Transportation), including the investigation of grievances filed by complainants.  The Designated Coordinator may be contacted at the Office of the State Board of Elections, 1020 South Spring Street, Springfield, Illinois 62704 or by telephone at 217/782-4141 (voice), 217/782-1518 (TDD).

 

"Disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of that individual, a record of such an impairment, or being regarded as having such an impairment.

 

"Executive Director" means the Executive Director of the State Board of Elections.

 

"Grievance" is any complaint under the ADA by an individual with a disability who meets the essential eligibility requirements for participation in, or receipt of, the benefits of a program, activity or service offered by the Office, and who believes she or he has been excluded from participation in or denied the benefits of any program, service or activity of the Office or has been subject to discrimination by the Office on the basis of her or his disability.

 

"Office" means the Office of the State Board of Elections.

 

Section 1800.30  Procedure

 

a)         Grievances must be submitted through the channels defined in this Section, in the form and manner described, and within the specified time limits.  It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner.  Time limits established in this procedure are in business days, unless otherwise stated, and may be extended by mutual agreement in writing by the complainant and the reviewer at the Designated Coordinator and Final Levels.

 

b)         A complainant's failure to submit a grievance or to submit or appeal it to the next level of procedure within the specified time limits shall mean that the complainant has withdrawn the grievance or has accepted the last response given by the Office.

 

c)         Upon being informed by an individual that the individual desires to file a formal grievance, the Office shall provide the individual with a copy of this Part and the Grievance Form.

 

d)         In order to be deemed filed and to receive proper consideration by the Designated Coordinator, the Grievance Form must be completed in full except as otherwise indicated.  The Designated Coordinator will notify the complainant within 10 days after the receipt of the form if the filing is not complete.  The Office will assist with completion of the Grievance Form upon request.

 

Section 1800.40  Review at the Designated Coordinator Level

 

a)         If an individual desires to file a formal written grievance, the individual shall promptly, but no later than 180 calendar days after the alleged discrimination, submit the grievance to the Designated Coordinator in writing on the prescribed Grievance Form.  The Grievance Form must be completed in full in order to receive proper consideration by the Designated Coordinator.

 

b)         Upon request, assistance shall be provided by the Office to complete the Grievance Form.

 

c)         The Designated Coordinator, or her or his representative, shall investigate the grievance and shall make reasonable efforts to resolve it.  The Designated Coordinator shall provide a written response to the complainant and the Executive Director within 10 days after receipt of the Grievance Form.

 

Section 1800.50  Review at the Final Level

 

a)         If the grievance has not been resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and the Designated Coordinator's response to the Executive Director for final review within 10 days after receipt of the Designated Coordinator's written response.  The complainant shall submit these documents to the Executive Director, together with a short written statement explaining the reasons for dissatisfaction with the Designated Coordinator's written response. The Executive Director will extend the period for submitting the review request and supporting documents for up to 10 additional days upon complainant's request.

 

b)         The Executive Director shall appoint a 3 member Review Panel to review the grievance at the Final Level.  One member so appointed shall be designated chairperson.  The Designated Coordinator or any representative of the Designated Coordinator, who conducted the investigation at the Designated Coordinator Level, may not be a member of the Review Panel.

 

c)         The complainant shall be afforded an opportunity to appear before the Review Panel.  The Review Panel shall review the Designated Coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

 

d)         The Review Panel shall approve, disapprove or modify the recommendation of the Designated Coordinator, shall render a decision in writing within 30 days, shall state the basis for the decision, and shall cause a copy of the decision to be served on the parties.  The Review Panel's decision shall be final. If the Review Panel disapproves or modifies the Designated Coordinator's recommendations, the Review Panel shall include written reasons for disapproval or modification.

 

e)         The Grievance Form, the Designated Coordinator's response, the statement of reasons for dissatisfaction, and the decision of the Review Panel shall be maintained in accordance with the State Records Act [5 ILCS 160] or as otherwise required by law.

 

Section 1800.60  Accessibility Policy

 

The Office shall ensure that all stages of the procedure are readily accessible to and usable by individuals with disabilities.

 

Section 1800.70  Case-by-Case Resolution

 

Each grievance involves a unique set of factors that includes but is not limited to:  the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Office.  Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.