Bureau of State House has adopted an informal grievance procedure providing for prompt and equitable resolution of complaints alleging any violation of state or federal laws and regulations protecting individuals from discrimination based on disability in the provision of programs, activities and services.

The laws and regulations may be examined in the office of the State House ADA Coordinator, Carl Richardson in Room 1 at the State House, 617-727-1100 x35502 or carl.richardson@state.ma.us This person has been designated to coordinate the efforts of the organization to comply with the regulations:

A complaint must state the name and address of the person filing it and a brief description of the alleged action prohibited by the laws and regulations and the date it allegedly occurred.

A complaint should be filed in the office of the State House ADA Coordinator within a reasonable amount of time, but no more than thirty [30] days, after the action alleged to be legally prohibited.

The State House ADA Coordinator, shall investigate the complaint to determine its validity. These rules contemplate informal but thorough investigations, affording to all and their representatives, if any, a meaningful opportunity to submit evidence relevant to the complaint.

The State House ADA Coordinator, shall issue a written decision determining the validity of the complaint no later than thirty [30] days after its receipt and issue a corrective action plan where the complainant prevails and the circumstances warrant.

The State House ADA Coordinator, shall maintain the files and records relating to complaints filed hereunder. (Name of the person designated to administer the grievance procedure as the ADA/504 Coordinator) may assist persons with the preparation and filing of complaints, participate in the investigation of complaints and notify the Superintendent of BSH of the resolution of the complaints.

Where the complainant notifies the ADA/504 Coordinator that s/he is dissatisfied with the decision or corrective action plan specified under item 4 above, the ADA/504 Coordinator shall forward the matter to the Secretariat ADA/504 Coordinator for review.

The Secretariat ADA/504 Coordinator shall review the entity's finding, decision and corrective action plan, conduct such additional investigation as s/he deems appropriate to the circumstances, and issue a written decision affirming, reversing or modifying the original decision and/or corrective action plan.

Prior to issuing a decision reversing or modifying a decision reviewed under items 7 and 8 above, the Secretariat ADA/504 Coordinator shall contact the Massachusetts Office on Disability (MOD) to discuss the merits of the grievance.

All negative decisions by the Secretariat ADA/504 Coordinator will be forwarded to MOD for review and possible modification. Negative decisions will not become final until 10 days after receipt by MOD.

The right of a person to the prompt and equitable resolution of a complaint filed hereunder shall not be impaired by the person's pursuit of other remedies, such as the filing of a complaint with the MOD, the Massachusetts Commission Against Discrimination (MCAD), the appropriate federal Office for Civil Rights and/or any other federal and/or state entity or any state or federal court.

These rules shall be liberally construed to protect the substantial rights of interested persons, to meet appropriate due process standards and assure compliance with the law and regulations.

Notes:

MOD jurisdiction over complaints is limited to the public accommodations and state government programs, activities and services provisions -- Not employment.

Employment-related complaints from applicants or employees of Executive Branch Entities should be addressed under the policies and procedures established by the Office of Diversity and Equal Opportunity.

The process established here is intended as a quick informal process, similar to that in the ADA. It does not substitute for the more formal MCAD, ORC or Court processes.