[HISTORY: Adopted by the Town Board of the
Town of Linn 11-13-1995 (Ch. 14 of the 1995 Code). Amendments noted where applicable.]
It is hereby declared to be the policy of the
Town of Linn pursuant to the Constitution of the United States and
the State of Wisconsin and also its power to protect the public health,
safety and general welfare that all persons who are disabled, who
have a disability based on impairment, who have a record of a physical
or mental impairment or who are regarded as having an impairment,
all as is defined with more specificity in the Americans with Disabilities
Act of 1990, are entitled to fair and equal access to Town services,
activities, programs, employment, public accommodations and commercial
facilities, and to that end the Town of Linn hereby enacts the following
chapter which provides a nonexclusive complaint and grievance procedure
for any person who believes that he or she has been discriminated
against under any applicable provision of the Americans With Disabilities
Act of 1990 by any other person by reason or on account of his or
her disability.
In this chapter, unless the context otherwise
requires, the following terms shall have the meanings indicated:
The Americans With Disabilities Act of 1990 that prohibits
discrimination on the basis of disability, as may be amended from
time to time.
The Town Administrator-Treasurer of the Town of Linn, or
such other person as may be designated as ADA Coordinator from time
to time by a duly enacted resolution of the Town Board of the Town
of Linn pursuant to the requirements of the ADA.
[Amended 9-9-2019]
The ADA Compliance Commission duly appointed by the Town
Board. The Commission shall consist of not fewer than five persons,
one of whom shall be a member of the Town Board and the remainder
of whom shall be, to the extent practicable, as follows: a representative
of the disabled community, a representative of the business or nonprofit
sector, a person in the education profession and a person in the health
or medical services professions. Residency in the Town of Linn shall
not be a requisite for membership on the Commission. The members of
the Commission shall be nominated by the Chairman and confirmed by
not less than a simple majority of the Town Board of Supervisors.
To segregate, separate, exclude, or treat any person or class
of persons unequally because of a disability or a disability based
upon a physical or mental impairment as defined under the ADA, where
such discrimination is proscribed by the ADA.
Any individual, partnership, labor or other association,
corporation, legal representative, receiver, trustee, manager, employee
or any other agent of any such person.
Such notice as may be required by the Wisconsin Statutes
and/or Town ordinance for a particular meeting and such notice as
is reasonably likely to attract the attention of a potentially aggrieved
or otherwise interested person concerning the matters alleged in the
complaint.
The duly appointed attorney for the Town of Linn. In all
proceedings undertaken in the grievance procedure described herein,
the Town Attorney shall represent the Town Board and, to the extent
deemed advisable, all elected or appointed officials or employees
of the Town, including but not limited to the ADA Coordinator and
the Commission. In the event that because of the type of complaint
or the nature of the alleged discrimination it would appear that there
is a potential conflict of interest for the Town Attorney to represent
both the Town Board and an elected or appointed official or employee
of the Town, then the Town Attorney shall confine his or her representation
to the Town Board. In such circumstances, the Town Board may appoint
independent counsel to render legal services to elected or appointed
officials or employees of the Town for purposes of representation
in connection with the grievance procedure set forth herein.
The duly elected Board of Supervisors of the Town of Linn
who convene in open session pursuant to § 19.81 et seq.,
Wis. Stats., as may be amended from time to time.
A.
Any person who claims to have been injured by a discriminatory
practice or who believes that he or she will be irrevocably injured
by a discriminatory practice that is about to occur or who believes
that a discriminatory condition regarding access is in existence,
any of which would be in violation of the ADA (hereinafter "person
aggrieved"), may file a complaint, in writing, with the ADA Coordinator.
Upon receipt of such a complaint, the ADA Coordinator shall conduct
an investigation of the complaint and shall forward a copy of the
complaint to the Town Attorney. If appropriate, a copy of the complaint
may be forwarded to such other Town officials or employees as may
be relevant. A record of the complaint and of the action taken, if
any, will be maintained by the ADA Coordinator. A decision by the
ADA Coordinator will be rendered, in writing, within 15 working days
of receipt of the complaint.
B.
If the complaint cannot be resolved to the satisfaction of the person aggrieved by the ADA Coordinator as set forth in Subsection A above and the person aggrieved notifies the ADA Coordinator, in writing, of such dissatisfaction within 60 days of the written decision of the ADA Coordinator, then the complaint will be forwarded to the Commission for review. Upon receipt of the complaint, the Commission shall conduct a public hearing within 30 days, after giving not less than 10 days' public notice of such public hearing. The Commission may solicit suggestions or opinions from disabled persons regarding access to and participation in public facilities, services, activities and functions in the community, if germane to the complaint. The Commission shall establish such procedural rules for hearing complaints, requests or suggestions as it deems advisable under the circumstances. The Commission shall render a decision at the conclusion of the public hearing, which may be adjourned from time to time, and shall reduce its decision to writing within five working days of the conclusion of the public hearing or hearings.
C.
If the complaint cannot be resolved to the satisfaction
of the person aggrieved by the decision of the Commission, the complaint
will be heard by the Town Board at an open, public hearing. All applicable
notices required for a public hearing contained in the Wisconsin Statutes
will be given prior to such meeting of the Town Board. The Town Board
shall reduce its determination to writing within five working days
of the meeting of the Town Board concerning such complaint, as may
be adjourned from time to time. The decision of the Town Board shall
be final.
D.
With regard to any proceedings brought before the
Commission or the Town Board, such proceedings shall be recorded by
audio recording and minutes shall be transcribed for the permanent
records of the Town.
The criteria for the successful resolution of
a complaint under the grievance procedure detailed herein shall be
resolved to the satisfaction of the person aggrieved. The right of
the person aggrieved to prompt and equitable resolution of the complaint
shall not be impaired by his or her pursuit of other remedies, such
as the filing of a complaint with the United States Department of
Justice or any other appropriate federal or state agency for resolution
of an alleged violation of the ADA. The grievance procedure contained
herein is nonexclusive, and the use of this grievance procedure is
not a prerequisite to the pursuit of any other remedy or remedies.
