[HISTORY: Adopted by the Village Board of the Village of Theresa 6-3-1996
as Title 15, Ch. 4 of the 1996 Code. Amendments noted where applicable.]
A.
The Village of Theresa, in complying with the Americans
with Disabilities Act (ADA), 42 U.S.C. § 12101, has developed a
plan by which access to all Village programs, facilities, services and employment
is guaranteed to all citizens. A transition plan has been adopted by the Village
Board and is available from the Village Clerk-Treasurer. An ADA Coordinator
has been appointed and an ADA Compliance Committee established. Concerns and/or
complaints can be addressed to the ADA Coordinator, care of the Village Clerk-Treasurer.
B.
The Director of Public Works shall serve as the Americans
with Disabilities Act Coordinator with respect to 42 U.S.C. § 12101,
Title I, regarding employment, to conduct a self-evaluation in connection
therewith, and to accept all grievances filed with respect thereto and make
decision thereon in consultation with the Village Attorney within 30 days
of the filing of such grievance. Such decision may be appealed to the ADA
Compliance Committee in accordance with the procedure established in this
chapter.
C.
The ADA Coordinator and ADA Compliance Committee shall
be annually appointed by the Village President, subject to confirmation by
the Village Board, at the Board's organizational meeting. The ADA Compliance
Committee shall be the Village Board's Public Works Committee.[1]
D.
Village letterhead and other applicable printed notices
should contain the words "An equal opportunity/affirmative action employer."
E.
An ADA Committee meeting shall be treated as any other
Village committee meeting, and notice shall be posted a minimum of 24 hours
prior to the meeting.
A.
Complaints shall be filed with the ADA Coordinator, in
care of the Village Clerk-Treasurer.
B.
A complaint shall be filed in writing, contain the name
and address of the person filing it, and briefly describe the alleged violation
or complaint.
C.
A complaint should be filed within 30 days after the
complainant becomes aware of the alleged problem.
D.
An investigation, as may be appropriate, shall follow
a filing of a complaint. The investigation will be conducted by the ADA Coordinator.
E.
A written determination as to the validity of the complaint
and description of the resolution, if any, shall be issued by the ADA Coordinator
and a copy forwarded to the complainant no later that 20 days after its filing.
F.
The Village Clerk-Treasurer shall maintain the files
and records of the Village relating to the complaints filed.
A.
If unresolved, the complainant or ADA Coordinator may
ask that the complaint be forwarded to the ADA Compliance Committee. The Committee
may establish rules to review the complaint and will issue its written decision
within 30 days. Review will be conducted in public with a minimum 24 hours'
notice. All proceedings will be transcripted and maintained. The Committee
will also review requests or suggestions from disabled persons regarding access
to and participation in public facilities, services, activities and functions
in the community.
B.
If unresolved, the complainant or ADA Coordinator may
ask that the complaint be heard by the Village Board and that a determination
be made within 30 days of the ADA Compliance Committee's hearing. The decision
by the Board shall be final. An open, public meeting of the Village Board
shall precede the vote.
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 state
or federal remedies. Utilization of this grievance procedure is not a prerequisite
to the pursuit of other remedies. However, the Village believes that resolution
of the complaint will be more promptly achieved if the Village is able to
provide a remedy before the complaint is brought to an external organization.
This chapter shall be construed to protect the substantive rights of
interested persons and to meet appropriate due process standards.