[HISTORY: Adopted by the Common Council of the City of Bayfield as
indicated in article histories. Amendments noted where applicable.]
[Adopted 4-1-1992 (§ 15-4-1 of the 1992 Code of Ordinances)]
The City of Bayfield is committed to providing adequate access by handicapped
or visually impaired persons to City-owned public buildings. This article
provides for a grievance procedure providing for prompt and equitable resolution
of complaints alleging any action prohibited by 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 City Clerk, 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 City Clerk 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 City 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 City Clerk.
B.
The grievance shall be heard by the Common Council within
10 working days after the filing of an appeals request. The grievance shall
be heard at the City Hall at a convenient time fixed by the Common Council.
The City Clerk 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 Common Council on the grievance appeal
shall be in writing and shall state the reasons for the decision. The decision
of the Council shall be rendered within three working days of the close of
the hearing and the Common Council 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 City Clerk.
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, US Department of the Treasury. Utilization
of this grievance procedure is not a prerequisite to the pursuit of other
remedies. However, the City believes that resolution of the complaint will
be more promptly achieved if the City 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 City complies with Section 504 regulations.
