[HISTORY: Adopted by the Village Board of the Village of
Monticello as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Title 15, Ch. 3, of the 1989 Code of Ordinances;
amended in its entirety at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Village of Monticello, in complying with the Americans with
Disabilities Act (ADA), 42 U.S.C.A. § 12101 et seq., has a policy
by which access to all Village programs, facilities, services and
employment is guaranteed to all citizens.
A.Â
Complaints should be filed with the Village Clerk-Treasurer, who
has been designated to coordinate implementation of handicapped nondiscrimination
requirements.
B.Â
A complaint should be filed, in writing or verbally, containing the
name and address of the person filing it, and briefly describing the
alleged violation of the regulations.
C.Â
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.Â
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.Â
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.Â
The Village Clerk-Treasurer shall maintain the files and records
of the Village relating to the complaints filed.
A.Â
The complainant may appeal the decision of the Village Clerk-Treasurer
where he or she is dissatisfied with the resolution. The appeal request
shall be made within seven days to the Village Clerk-Treasurer.
B.Â
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.Â
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.Â
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 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 article shall be construed to protect the substantive rights
of interested persons and to meet appropriate due process standards.
