[HISTORY: Adopted by the Town Board of the Town of Bath 10-17-1984. Amendments noted where applicable.]
The Town of Bath hereby adopts an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Office of Revenue Sharing's (ORS) regulations [31 CFR 51.55(d)(2)] implementing Section 504 of the Rehabilitation Act of 1973, as amended (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 . . ."
Complaints should be addressed to: Supervisor, Town of Bath, Municipal Hall, Bath, New York 14810, who is designated to coordinate Section 504 compliance efforts.
A complaint shall be filed in writing, containing the name and address of the person filing it, and shall briefly describe the alleged violation of the regulations.
A complaint shall be filed within 15 days after the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination occurring before this grievance procedure was in place will be considered on a case-by-case basis).
An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation will be conducted by the Supervisor. This chapter contemplates informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint. Under 31 CFR 51.55(d)(2), the Town of Bath need not process complaints from applicants for employment or from applicants for admission to post-secondary educational institutions.
A written determination as to the validity of the complaint and description of resolution, if any, shall be issued by the Supervisor, and a copy shall be forwarded to the complainant no later than 30 days after its filing.
The Section 504 coordinator shall maintain the files and records of the Town of Bath relating to complaints filed and actions taken.
The complainant may request a reconsideration of the case in instances where he or she is dissatisfied with the determination. Any request for reconsideration shall be made to the Town Board, in writing, within 15 days of receipt of the determination under § 16-5 hereof.
The Town Board, upon receipt of a request for reconsideration, shall afford the complainant an opportunity to be heard and, after hearing the complainant and reviewing the action taken by the Supervisor, may dismiss the application or may make any determination as to validity and resolution thereof which could have been made by the Supervisor. In fulfilling its reconsideration functions under this section, the Supervisor shall not sit as a member of the Town Board.
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.
This chapter shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and to assure that the Town of Bath complies with Section 504 and the Office of Revenue Sharing regulations.