[HISTORY: Adopted by the Village Board of the Village of
Fairwater as indicated in article histories. Amendments noted where
applicable.]
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
The Village of Fairwater, 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. 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.
B.
The ADA Coordinator and ADA Compliance Committee shall be annually
appointed by the Village President, subject to confirmation by the
Village Board, at the Board's organizational meeting. The ADA
Compliance Committee should consist of five members and should, if
possible, have a representative from the following fields:
C.
In the alternative, the duties of the ADA Compliance Committee may
be delegated to a standing committee of the Village Board.
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.
Complaints shall be filed with the ADA Coordinator, in care of the
Village Clerk.
B.
A complaint shall be filed in writing, contain the name and address
of the person filing it, and briefly describe the alleged violation
or complaint.
C.
A complaint should be filed within 30 days after the complainant
becomes aware of the alleged problem.
D.
An investigation, as may be appropriate, shall follow a filing of
a complaint. The investigation will be conducted by the ADA Coordinator.
E.
A written determination as to the validity of the complaint and description
of the resolution, if any, shall be issued by the ADA Coordinator
and a copy forwarded to the complainant no later than 20 days after
its filing.
F.
The Village Clerk shall maintain the files and records of the Village
relating to the complaints filed.
A.
If unresolved, the complainant or ADA Coordinator may ask that the
complaint be forwarded to the ADA Compliance Committee. The Committee
may establish rules to review the complaint and will issue its written
decision within 30 days. Review will be conducted in public with a
minimum 24 hours' notice. All proceedings will be transcripted and
maintained. The Committee will also review requests or suggestions
from disabled persons regarding access to and participation in public
facilities, services, activities and functions in the community.
B.
If unresolved, the complainant or ADA Coordinator may ask that the
complaint be heard by the Village Board and that a determination be
made within 30 days of the ADA Compliance Committee's hearing.
The decision by the Board shall be final. An open, public meeting
of the Village Board shall precede the vote.
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 state or federal remedies. 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 and to meet appropriate due process standards.
