[HISTORY: Adopted by the Village Board of the Village of Webster 3-13-1986
as Title 10, Ch. 6 of the 1986 Code. Amendments noted where applicable.]
The village 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 acting 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."
A.Â
Complaints should be filed with the Village Clerk-Treasurer,
who has been designated to coordinate Section 504 compliance.
B.Â
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.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 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 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 Section 504 coordinator shall maintain the files
and records of the village relating to the complaints filed.
A.Â
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 Clerk-Treasurer.
B.Â
The grievance shall be heard by the Village Board's
Public Property Committee 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 Committee. The 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 Public Property Committees on the
grievance appeal shall be in writing and shall state the reasons for the decision.
The decision of the Committee shall be rendered within three working days
of the close of the hearing, and the Committee 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 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, United States 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.