[HISTORY: Adopted by the Village Board of the Village of
Benton as Title 2, Ch. 6, of the Benton Code of Ordinances. Amendments
noted where applicable.]
A. The
Village of Benton, in complying with the Americans with Disabilities
Act (ADA), 42 U.S.C. § 12101, has developed a plan by which
access to all Village programs, facilities, services and employment
is guaranteed to all citizens. A transition plan has been adopted
by the Village Board and is available from the Village Clerk-Treasurer.
An ADA Coordinator has been appointed and an ADA Compliance Committee
established. Concerns and/or complaints can be addressed to the ADA
Coordinator, care of the Village Clerk-Treasurer.
B. The
Village Clerk-Treasurer shall serve as the Americans With Disabilities
Act Coordinator with respect to 42 U.S.C. § 12101, Title
I, regarding employment, to conduct a self-evaluation in connection
therewith, and to accept all grievances filed with respect thereto
and make decision thereon in consultation with the Village Attorney
within 30 days of the filing of such grievance. Such decision may
be appealed to the ADA Compliance Committee in accordance with the
procedure established in this chapter.
C. ADA
Coordinator and ADA Compliance Committee.
(1) The ADA Coordinator and ADA Compliance Committee shall be annually
appointed by the Village President, subject to confirmation by the
Village Board, at the Village Board's organizational meeting.
(2) The ADA Compliance Committee shall, if possible, have a representative
from the following fields:
(a) Business
and/or nonprofit organization.
(3) The Village ADA Committee consists of the Village Clerk-Treasurer,
Public Works Director, Librarian, Police Chief/Officer in Charge,
Village Board and citizens. The ADA Committee will be responsible
for interpreting the ADA Act, determining actions to be taken to implement
ADA, reviewing complaints and coordinating committee review of complaints,
and completing the self-evaluation of services, programs, policies
and procedures required by ADA.
D. Village
letterhead and other applicable printed notices should contain the
words "an equal opportunity/affirmative action employer."
E. An
ADA Committee meeting shall be treated as any other Village committee
meeting and notice shall be posted a minimum of 24 hours prior to
the meeting.
A. All
complaints regarding access or alleged discrimination shall be submitted
in writing to the designated official (Village Clerk-Treasurer) for
resolution. A record of the complaint and action taken will be maintained.
A decision by the designated official will be rendered within 15 working
days.
B. If
the complaint cannot be resolved to the satisfaction of the complainant
by the designated local government official, it will be forwarded
to an ADA Compliance Committee composed of representatives from elected
officials, the disabled community, business or nonprofit sectors,
education and the health/medical profession.
C. The
Committee shall establish ground rules or procedures for hearing complaints,
requests or suggestions from disabled persons regarding access to
and participation in public facilities, activities and functions in
the community. Further, the Committee shall hear such complaints in
public, after adequate public notice is given, in an unbiased, objective
manner. The Committee shall issue a written decision within 30 days
of notification. All proceedings of the Committee shall be recorded,
transcripted and maintained.
D. If
the complaint cannot be resolved to the complainant's satisfaction
by the Committee, the complaint will be heard by the Village Board.
An open, public meeting of the Village Board will precede the vote.
A determination must be made within 30 days of the hearing. The decision
of the Village Board is final.
E. A
record of action taken on each request or complaint must be maintained
as a part of the records or minutes at each level of the grievance
process.
F. The
individual's right to prompt and equitable resolution of the
complaint must not be impaired by his or her pursuit of other remedies,
such as the filing of a complaint with the United States Department
of Justice or any other appropriate federal agency. Furthermore, the
filing of a lawsuit in state or federal district court can occur at
any time. The use of this grievance procedure is not a prerequisite
to the pursuit of other remedies.
This chapter shall be construed to protect the substantive rights
of interested persons and to meet appropriate due process standards.