[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 4-16-2020 by Ord. No. 20-03]
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."
[Amended 4-16-2020 by Ord. No. 20-03; 8-15-2024 by Ord. No. 24-09]]
A. 
Complaints should be filed with the Town 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 Town Clerk, who should review the ADA Standards for Accessible Design and the Americans with Disabilities Act.
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.
[Amended 8-15-2024 by Ord. No. 24-09]
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.
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 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.
[Amended 4-16-2020 by Ord. No. 20-03]
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:
PERSON
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.
TOWN
The Town of Rome, Adams County, Wisconsin, or any duly appointed designate thereof, including, but not limited to, the Town Board and Town committees.
TOWN BOARD or BOARD
The present governing body of the Town or any successors to the legislative power of said body, or any duly appointed designate thereof.