[HISTORY: Adopted by the Board of Trustees of the Village of Little Valley. Amendments noted where applicable.]
A. 
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the Village will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities.
B. 
The Village will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in Little Valley programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.
C. 
The Village will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. For example, individuals with service animals are welcomed in Little Valley Village offices, even where pets are generally prohibited.
D. 
Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of Little Valley, should contact the ADA Coordinator at 103 Rock City Street, Little Valley, New York 14755, as soon as possible but no later than 48 hours before the scheduled event.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
E. 
The Village does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the Americans with Disabilities Act.
F. 
The ADA does not require Little Valley to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.
G. 
Complaints, that a program, service, or activity of Little Valley is not accessible to persons with disabilities, should be directed to the ADA Coordinator at 103 Rock City Street, Little Valley, New York 14755.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
H. 
The Village will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.
This grievance procedure complies with the Americans with Disabilities Act of 1990 ("ADA") and has been adopted by the Village of Little Valley to provide prompt and equitable resolution of disability discrimination complaints that are prohibited by Title II of the ADA. Any individual may file a complaint alleging discrimination of a disabled individual regarding services, programs, or activities provided by the Village of Little Valley.
The ADA Coordinator for the Village of Little Valley is the Mayor.
A. 
The complaint shall be in writing on the form entitled Title II Americans with Disability Act Disability Discrimination Complaint Form.
B. 
The aforementioned complaint form shall be available from the following Village of Little Valley office:
Village of Little Valley
Mayor/Compliance Officer
103 Rock City Street
Little Valley, New York 14755
C. 
The complaint form shall be in blue or black ink or typed and shall include the following information:
(1) 
The complainant's name, address, and telephone number;
(2) 
If the complainant is unable to complete the form or file the complaint without assistance, then the complaint shall also include the name, address, and telephone number of the individual who completed the form and filed the complaint;
(3) 
Description of the alleged discrimination including the date, location, and facts;
(4) 
Desired remedy or solution requested; and
(5) 
List of witnesses who can provide information supporting the complaint.
D. 
If the complainant is unable to complete the form and does not have anyone to assist with completing the form, then the complainant shall notify the ADA Coordinator, who will provide appropriate alternative means to complete the form such as personal interviews, tape recordings, or larger font.
A. 
The complaint should be filed as soon as possible, but no later than 60 calendar days, after the date of the alleged discrimination.
B. 
File the completed complaint form with:
Village of Little Valley Mayor
103 Rock City Street
Little Valley, New York 14755
C. 
The complaint form may be filed online, in person, or mailed to the address listed above. If the complaint is filed in person, then the complainant shall be provided with a copy of the completed complaint form.
D. 
The filing deadline may be extended upon show of good cause.
A. 
The ADA Coordinator, or a designee, shall mail a hearing notice to the complainant, by way of the United States Postal Service certified mail with return receipt requested and regular mail, to the address indicated on the complaint form, no later than 15 working days after the date of which the complaint form was filed or postmarked.
B. 
The hearing shall be scheduled no later than 30 working days after the date of which the complaint form was filed or postmarked. This deadline may be extended upon show of good cause.
C. 
Auxiliary aids and services required to ensure effective communication will be provided upon request. The request must be made to the ADA Coordinator at least five working days before the scheduled hearing to ensure availability.
D. 
The complainant must present all evidence including photographs at the time of the scheduled hearing (photographs will not be returned).
E. 
All witnesses must be present at the time of the scheduled hearing.
F. 
Affidavits or notarized statements are not acceptable substitutes for live testimony.
G. 
The hearing shall be recorded using an audio device.
A. 
No later than 15 working days after the date of the hearing, the ADA Coordinator shall submit a written response to the complainant, in a format accessible to the complaint, by way of the United States Postal Service certified mail with return receipt requested and regular mail, to the address indicated on the complaint form.
B. 
The written response shall explain the position of the Village of Little Valley and offer options for substantive resolution of the complaint.
C. 
The deadline may be extended upon show of good cause.
A. 
If the response by the ADA Coordinator does not satisfactorily resolve the issue, the complainant may appeal the ADA Coordinator's decision to the Village Board of Trustees or its designee no later than 30 working days after the postmark date of the response.
B. 
The appeal shall be in writing on the form entitled Title II Americans with Disability Act Disability Discrimination Appeal Form.
C. 
The aforementioned appeal form shall be available from the Village of Little Valley offices.
A. 
The appeal may not be filed later than 30 working days after the postmark date of the ADA Coordinator's response.
B. 
File the completed appeal form with:
Little Valley Village Clerk
103 Rock City Street
Little Valley, New York 14755
C. 
The appeal form may be filed online, in person or mailed to the address listed above. If the appeal is filed in person, then the appellant shall be provided with a copy of the completed appeal form.
D. 
The filing deadline may be extended upon a showing of good cause.
A. 
The Village Board, or a designee, shall mail a hearing notice to the appellant, by way of the United States Postal Service regular mail, to the address indicated on the appeal form, no later than 15 working days after the date of which the appeal form was filed or postmarked.
B. 
The hearing shall be scheduled no later than 30 working days after the date of which the appeal form was filed or postmarked. This deadline may be extended upon show of good cause.
C. 
Auxiliary aids and services required to ensure effective communication will be provided upon request. The request must be made to the Village Clerk at least five working days before the scheduled hearing to ensure availability.
D. 
The appellant must present all evidence a second time at the appeal hearing.
E. 
All photographs in the complaint file that were presented at the time of the original hearing will be provided to the Village Board for the appeal hearing.
F. 
All witnesses must testify a second time and must be present at the time of the scheduled appeal hearing.
G. 
Affidavits or notarized statements are not acceptable substitutes for live testimony.
H. 
The hearing shall be recorded using an audio device.
A. 
Not later than 15 working days after the date of filing the appeal form, the Village Board or its designee will mail a final written resolution of the complaint, in a format accessible to the appellant, by way of the United States Postal Service certified mail with return receipt requested and regular mail, to the address indicated on the appeal form.
B. 
Such deadline may be extended upon show of good cause.
The ADA Coordinator shall maintain a complete and accurate record of all complaints, investigations, and responses on file for at least three years.