[HISTORY: Adopted by the Town Board of the Town of Rome as
indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 13 of the prior Code]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Town of Rome is committed to providing adequate access by disabled
or visually impaired persons to public buildings financed in part
by federal revenue sharing. 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 disabled individual shall, solely
by reason of his disability, 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 Town Clerk/Treasurer, 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 Town Clerk/Treasurer, who should review the
ADA Standards for Accessible Design and the Americans with Disabilities
Act.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 Town 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 Town Clerk/Treasurer.
B.
The grievance shall be heard by the Town Board within 10 working
days after the filing of an appeals request. The grievance shall be
heard at the Town Hall at a convenient time fixed by the Board. The
Town Clerk/Treasurer 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 Town Board on the grievance appeal shall be in
writing and shall state the reasons for the decision. The decision
of the Board shall be rendered within three working days of the close
of the hearing and the Town Board 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 Town Clerk/Treasurer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 Economic Policy, United States Department of the
Treasury. Utilization of this grievance procedure is not a prerequisite
to the pursuit of other remedies. However, the Town believes that
resolution of the complaint will be more promptly achieved if the
Town 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 Town complies with Section 504 regulations.
For the purpose of this article, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
If not defined herein, the word, term or phrase shall have the definition
commonly accepted including a relevant definition contained in the
Wisconsin Statutes. When not inconsistent with the context, the words
used in the present tense include the future, words in the plural
number include the singular number and words in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory:
Includes a corporation, firm partnership, association, organization
and any other group acting as a unit as well as individuals, including
a personal representative, receiver or other representative appointed
according to law. Whenever the term "person" is used in any section
of this article prescribing a penalty or fine, as to partnerships
or associations, the work shall include the partners or members thereof,
and as to corporations, shall include the officers, agents or members
thereof who are responsible for any violation of such section.
The Town of Rome, Adams County, Wisconsin, or any duly appointed
designate thereof, including, but not limited to, the Town Board and
Town committees.
The present governing body of the Town or any successors
to the legislative power of said body, or any duly appointed designate
thereof.
