[Adopted by the Board of Trustees of the Village of Dundee
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-16-2017 by L.L. No. 1-2017]
This article shall hereafter he known as the "Village of Dundee
Section 504, Americans With Disabilities Act Grievance Procedure Law."
The Village of Dundee has received a Community Development Block
Grant Small Cities Program from the United States Department of Housing
and Urban Development. Section 504 of the Rehabilitation Act of 1973,
as amended, prohibits discrimination on the basis of disability in
programs and activities conducted by the United States Department
of Housing and Urban Development (HUD) and in communities that receive
financial assistance from HUD. This includes the Community Development
Block Grant Small Cities Program. The Act mandates that no qualified
individual shall, solely by reason of his or her handicap, be excluded
from program participation, including employment, be denied program
benefits; or be subjected to discrimination. The Americans with Disabilities
Act of 1990 (ADA) establishes provisions for assuring equality of
opportunity, full participation, independent living and self-sufficiency
of disabled persons relative to: employment; benefits and services;
accommodations; commercial facilities: and multifamily housing.
This article is enacted pursuant to Part 8 of Title 24 of the
Code of Federal Regulations (24 CFR), which requires the adoption
and notice/publication of ADA grievance procedures. It is the policy
of the Village of Dundee not to discriminate on the basis of disability.
The Board of Trustees of the Village of Dundee by this article adopts
a grievance procedure providing for prompt and equitable resolutions
of complaints regarding allegations of actions prohibited by Section
504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794)
of the United States Department of Health and Human Services regulations
implementing the Act. This article is further pursuant to the provisions
of the Municipal Home Rule Law (MHRL) of the State of New York, with
the procedural provisions of the MHRL controlling.
The grievance procedure established herein is intended to meet
the requirements of Section 504 of the Rehabilitation Act of 1990
(ADA). According to these laws, the Village of Dundee, New York, certifies
that all citizens shall have the right to submit a grievance on the
basis of disability policies or practices regarding: employment; benefits
and services; activities; and facilities provided by the Village of
Dundee, New York.
The Board of Trustees hereby establishes the position of Section
504 Coordinator. The Section 504 Coordinator shall be the person serving
as the duly appointed Clerk of the Village of Dundee or such other
person duly appointed to that position by the Board of Trustees of
the Village of Dundee. The Village's Section 504 Coordinator's office
is located at the Dundee Village Hall, 12 Union Street, Dundee, New
York 14837. The Coordinator can he reached at (607) 243-5551.
A.
A citizen filing a grievance shall do so in writing and file such
grievance with the Section 504 Coordinator at the office of the Clerk
of the Village of Dundee.
B.
Grievance contents.
(1)
The written grievance shall include the following:
(a)
Date and location of the problem;
(b)
Name, address and telephone number of the complainant and his/her
designee, if any.
(c)
Description of the problem and sufficient detailed information
concerning the alleged discrimination to allow an investigation to
occur.
(d)
The solution sought by the complainant.
(2)
The grievance (complaint) must be signed by the complainant or his/her
designee.
C.
The grievance (complaint) should be submitted by the complainant
or his/her designee as soon as possible, but no later than 60 days
after the alleged violation.
D.
The Village of Dundee, upon request, shall make appropriate arrangements
to ensure that disabled person(s) are provided alternative means of
filing complaints such as, but not limited to, personal interview,
taped recordings, interpreters for the deaf, and/or assuring a barrier-free
location of the proceedings. The Section 504 Coordinator shall be
responsible for such arrangements.
E.
Grievances (complaints) must be filed or sent to:
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Section 504 Coordinator
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Village of Dundee
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12 Union Street
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Dundee. New York 14837
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F.
The Section 504 Coordinator (or his/her designee) shall conduct an
investigation of the complaint. This investigation may be informal,
but it must be thorough, affording all interested persons an opportunity
to submit evidence relevant to the complaint. The Section 504 Coordinator
shall issue a written decision on the grievance no later than 30 days
after its filing. Where appropriate, the response shall be in a format
accessible to the complainant.
G.
In the event that the response by the Section 504 Coordinator does
not satisfactorily resolve the issue, the complainant or his/her designee
may appeal the decision of the Section 504 Coordinator. Appeals must
he made in writing to the Board of Trustees of the Village of Dundee
within 15 days of receiving the Section 504 Coordinator's decision.
The Board of Trustees shall issue a written decision in response to
the appeal no later than 30 days after its tiling. Where appropriate,
the response shall be in a format accessible to the complaint.
H.
The Section 504 Coordinator shall maintain files and records of the
Village of Dundee relating to such grievances (complainants).
The availability and use of this grievance procedure does not
prevent a person from filing a complaint of discrimination on the
basis of disability with the United States Department of Health and
Human Services, Office for Civil Rights.
It is against the law for the Village of Dundee to retaliate
against anyone who files a grievance or cooperates in the investigation
of a grievance.
This article shall take effect immediately upon its filing with
the Secretary of State of the State of New York, subsequent to having
been duly adopted by the Board of Trustees of the Village of Dundee.
