[HISTORY: Adopted by the Town Board of the Town of Sweden 11-28-1984.
Amendments noted where applicable.]
A.
The procedures set forth hereunder shall meet the requirements
of 31 CFR 51.55(d) (Federal Revenue Sharing Regulations).
B.
The Town of Sweden hereby adopts an internal grievance
procedure providing for prompt and equitable resolution of complaints alleging
any action prohibited by the Office of Revenue Sharing (ORS) regulations,
31 CFR 51.55(d)(2) (29 U.S.C. § 794). Section 504 states, in part,
that "no otherwise qualified handicapped individual...shall solely by reason
of his handicap, be excluded from the participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving
federal financial assistance..."
A.
Complaints should be addressed to the Code Enforcement
Officer, Building Department, 18 State Street, Brockport, New York 14420,
phone 585-637-8684, who has been designated to coordinate Section 504 compliance
efforts.
[Amended 8-22-2006 by L.L. No. 3-2006]
B.
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 regulations.
C.
A complaint should be filed within 30 days after the
complainant becomes aware of the alleged violation. (Processing of allegations
of discrimination occurring before this grievance procedure is in place will
be considered on a case-by-case basis.)
[Amended 8-22-2006 by L.L. No. 3-2006]
An investigation, as may be appropriate, shall follow a filing of a
complaint. The investigation will be conducted by the Code Enforcement Officer.
These rules contemplate informal but thorough investigations, affording all
interested persons and their representatives, if any, an opportunity to submit
evidence relative to a complaint. Under 31 CFR 51.55(d)(2), the Town of Sweden
need not process complaints for admission to postsecondary educational institutions.
[Amended 8-22-2006 by L.L. No. 3-2006]
A written determination as to the validity of the complaint and description
of resolution, if any, shall be issued by the Code Enforcement Officer and
a copy forwarded to the complainant no later than 30 days after its filing.
[Amended 8-22-2006 by L.L. No. 3-2006]
The Code Enforcement Officer shall maintain the files and the records
of the Town of Sweden relating to the complaints filed.
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 within 30 days to the Town Supervisor, who is designated as
the officer responsible for handling appeals.
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 a Section 504 complaint with the Office of Revenue Sharing,
United States Department of the Treasury. Utilization of this grievance procedure
is not a prerequisite to the pursuit of other remedies.
These rules shall be construed to protect the substantive rights of
interested persons, to meet appropriate due process standards and to assure
that the Town of Sweden complies with Section 504 and the ORS regulations.
[Amended 8-22-2006 by L.L.
No. 3-2006]
This Board hereby approves the Self-Evaluation for Handicapped Discrimination,
as prepared by the Code Enforcement Officer and as filed in the office of
the Town Clerk.
The Town Clerk shall publish notice that the Town of Sweden advises
the public, employees and job applicants that it does not discriminate on
the basis of handicapped status in admission or access to, or treatment or
employment in, its programs and activities.
[Amended 10-24-1990 by L.L. No. 2-1990; 8-22-2006
by L.L. No. 3-2006]
The Town of Sweden has designated the Code Enforcement Officer as the
contact to coordinate efforts to comply with this chapter. Inquiries should
be directed to the Building Department. Inquiries may be made during regular
business hours.
