[HISTORY: Adopted by the Village Board of the Village of Dane 4-1-1996 as Title 15, Ch. 4, of the 1996 Code. Amendments noted where applicable.]
The Village of Dane, in complying with the Americans With Disabilities Act (ADA), 42 U.S.C. § 12101, has developed a plan by which access to all Village programs, facilities, services and employment is guaranteed to all citizens. A transition plan has been adopted by the Village Board and is available from the Village Clerk-Treasurer. An ADA Coordinator has been appointed and an ADA Compliance Committee established. Concerns and/or complaints can be addressed to the ADA Coordinator, care of the Village Clerk-Treasurer.
The Clerk-Treasurer shall serve as the Americans With Disabilities Act Coordinator with respect to 42 U.S.C. § 12101, Title I, regarding employment, to conduct a self-evaluation in connection therewith, and to accept all grievances filed with respect thereto and make a decision thereon in consultation with the Village Attorney within 30 days of the filing of such grievance. Such decision may be appealed to the ADA Compliance Committee in accordance with the procedure established in this chapter.
The ADA Coordinator and ADA Compliance Committee shall be annually appointed by the Village President, subject to confirmation by the Village Board, at the Board's organizational meeting. The ADA Compliance Committee shall, if possible, consist of three to five members and shall, if possible, have a representative from the following fields:
Business and/or nonprofit organization.
An ADA Committee meeting shall be treated as any other Village committee meeting, and notice shall be posted a minimum of 24 hours prior to the meeting.
Complaints shall be filed with the ADA Coordinator, in care of the Village Clerk-Treasurer.
A complaint shall be filed in writing, contain the name and address of the person filing it, and briefly describe the alleged violation or complaint.
A complaint should be filed within 30 days after the complainant becomes aware of the alleged problem.
An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation will be conducted by the ADA Coordinator.
A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the ADA Coordinator and a copy forwarded to the complainant no later than 20 days after its filing.
The Village Clerk-Treasurer shall maintain the files and records of the Village relating to the complaints filed.
If unresolved, the complainant or ADA Coordinator may ask that the complaint be forwarded to the ADA Compliance Committee. The Committee may establish rules to review the complaint and will issue its written decision within 30 days. Review will be conducted in public with a minimum 24 hours' notice. All proceedings will be transcribed and maintained. The Committee will also review requests or suggestions from disabled persons regarding access to and participation in public facilities, services, activities and functions in the community.
If unresolved, the complainant or ADA Coordinator may ask that the complaint be heard by the Village Board and that a determination be made within 30 days of the ADA Compliance Committee's hearing. The decision by the Board shall be final. An open, public meeting of the Village Board shall precede the vote.
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 state or federal remedies. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies. However, the Village believes that resolution of the complaint will be more promptly achieved if the Village is able to provide a remedy before the complaint is brought to an external organization.
This chapter shall be construed to protect the substantive rights of interested persons and to meet appropriate due process standards.