[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.]
A.
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.
B.
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.
C.
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:
D.
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.
A.
Complaints
shall be filed with the ADA Coordinator, in care of the Village Clerk-Treasurer.
B.
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.
C.
A
complaint should be filed within 30 days after the complainant becomes
aware of the alleged problem.
D.
An
investigation, as may be appropriate, shall follow a filing of a complaint.
The investigation will be conducted by the ADA Coordinator.
E.
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.
F.
The
Village Clerk-Treasurer shall maintain the files and records of the
Village relating to the complaints filed.
A.
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.
B.
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.