[HISTORY: Adopted by the Board of Trustees of the Village of Westbury 10-4-1984. Amendments noted where applicable.]
Pursuant to the provisions of 31 CFR 51.55 of the 1983 Revenue Sharing Act, the village must adopt a grievance procedure incorporating due process standards and providing for prompt and equitable resolution of complaints alleging any action prohibited by § 504 of the Rehabilitation Act of 1983, on the basis of handicapped status.
The procedures set forth hereunder shall be used to meet the requirements of § 51.55(d)(2) of 31 CFR (Federal Revenue Sharing Regulations).
The Village of Westbury hereby adopts an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Office of Revenue Sharing (ORS) regulations [31 CFR 51.55(d)(2)] implementing § 504 of the Rehabilitation Act of 1983, as amended, (29 U.S.C. § 794). Section 504 states, in part, that "no otherwise qualified handicapped individual ... shall solely by reason of his handicap, 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."
Complaints should be addressed to: Handicap Access Coordinating Committee, 235 Lincoln Place, Westbury N.Y. 11590.
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.
A complaint should be field within 30 days after the complainant becomes aware of the alleged violation.
An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation will be conducted by the Coordinating Committee. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relative to a complaint. Under 31 CFR 51.55(d)(2) the Village of Westbury need not process complaints for admission to post-secondary educational institutions.
A written determination as to the validity of the complaint and description of resolution, if any, shall be issued by the Coordinating Committee and a copy forwarded to the complainant no later than 30 days after its filing.
The Coordinating Committee shall maintain the files and records of the Village of Westbury relating to the complaints filed.
The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made within 30 days to the Board of Trustees, who hereby is designated as the body responsible for handling appeals.
The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the persons pursuant to other remedies such as filing of a § 504 complaint with the Office of Revenue Sharing, United States Department of the Treasury. Utilization of this grievance is not a prerequisite to the pursuit of other remedies.
These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and to assure that the Village of Westbury complies with § 504 of the Office of Revenue Sharing regulations.