[HISTORY: Adopted by the Town Board of the Town of Guilderland 7-6-1993.
Amendments noted where applicable.]
The Town of Guilderland has adopted an internal grievance procedure
providing for prompt and equitable resolution of complaints alleging any action
prohibited by the United States Department of Justice regulations implementing
Title II of the Americans with Disabilities Act (ADA). Title II states, in
part, that "no otherwise qualified disabled individual shall, solely by reason
of such disability, be excluded from the participation in, be denied the benefits
of, or be subjected to discrimination" in programs or activities sponsored
by a public entity.
Complaints should be addressed to the ADA Coordinator, at Town Hall,
Route 20, Guilderland, NY 12084, or by phone at 356-1980, who has been designated
to coordinate ADA compliance efforts.
A.
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.
B.
A complaint should be filed within 10 working days after
the complainant becomes aware of the alleged violation. (Processing of allegations
of discrimination which occurred before this grievance procedure was in place
will be considered on a case-by-case basis.)
C.
An investigation, as may be appropriate, shall follow
a filing of complaint. The investigation shall be conducted by the ADA Coordinator.
These rules contemplate informal but thorough investigations affording all
interested persons and their representatives, if any, an opportunity to submit
evidence relevant to a complaint.
D.
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 five working days after
its filing.
E.
The ADA Coordinator shall maintain the files and records
of the Town of Guilderland relating to the complaints filed.
F.
The complainant can request a reconsideration of the
case in instances where he or she is dissatisfied with the resolution. The
request for reconsideration should be made within 10 working days to the Town
Supervisor.
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 an ADA complaint with the responsible federal department
or agency. Use of this grievance procedure is not a prerequisite to the pursuit
of other remedies.
These rules shall be construed to protect the substantive rights of
interested persons to meet appropriate due process standards and to assure
that the Town of Guilderland complies with the ADA and implementing regulations.
