[HISTORY: Adopted by the Village Board of the Village of
Luck 1-6-1988 as Title 10, Ch. 7, of the 1988 Code. Amendments noted where applicable.]
The Village of Luck is committed to providing adequate access
by handicapped or visually impaired persons to public buildings financed
in part by federal revenue sharing. This chapter provides for a grievance
procedure providing for prompt and equitable resolution of complaints
alleging any action prohibited by the Office of Revenue Sharing's
(ORS) regulations 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."
A.
Complaints should be filed with the Village Clerk-Treasurer, who
has been designated to coordinate Section 504 compliance.
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 the 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 was in
place will be considered on a case-by-case basis.)
D.
An investigation, as may be appropriate, shall follow a filing of
a complaint. The investigation will be conducted by an appropriate
person designated by the Village Clerk-Treasurer who should review
the Handicapped Requirements Handbook published by the Federal Programs
Advisory Service.
E.
A written determination as to the validity of the complaint and description
of the resolution, if any, shall be issued by the designated person
and a copy forwarded to the complainant no later than 30 days after
its filing.
F.
The Section 504 coordinator shall maintain the files and records
of the Village relating to the complaints filed.
A.
The complainant may appeal the decision of the Section 504 coordinator
where he or she is dissatisfied with the resolution. The appeal request
shall be made within seven days to the Village Clerk-Treasurer.
B.
The grievance shall be heard by the Village Board within 10 working
days after the filing of an appeals request. The grievance shall be
heard at the Village Hall at a convenient time fixed by the Board.
The Village Clerk-Treasurer shall give at least three days' written
notice to the applicant by first-class mail of any such grievance
hearing.
C.
Either party to the grievance may be represented, present evidence
by testimony or otherwise, cross-examine witnesses and make argument
either in person or by an agent of his or her choosing. Proceedings
may, and upon request of the applicant shall, be recorded.
D.
The decision of the Village Board on the grievance appeal shall be
in writing and shall state the reasons for the decision. The decision
of the Board shall be rendered within three working days of the close
of the hearing, and the Village Board shall immediately upon rendering
the decision mail a copy thereof by first-class mail to the applicant
at the current post office address given in his or her application
and record a copy of its determination with the Village Clerk-Treasurer.
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, U.S. Department of the Treasury.
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, to meet appropriate due process standards and
to assure that the Village complies with Section 504 and the ORS regulations.
