[HISTORY: Adopted by the Village Board of the Village of Orfordville
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-31-1992 as Title 15,
Ch. 3 of the 1992 Code]
The Village of Orfordville is committed to providing adequate access
by handicapped or visually impaired persons to public buildings financed in
part by federal revenue sharing. This article 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 [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.
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, 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 article 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.