[HISTORY: Adopted by the Town Board of the Town of Cedarburg 1-2-1991
as Title 10, Ch. 2 of the 1991 Code. Amendments noted where applicable.]
The Town of Cedarburg is committed to providing adequate access by handicapped
or visually impaired persons to public buildings. This chapter provides for
a grievance procedure providing for prompt and equitable resolution of complaints
alleging any action prohibited by § 504 of the Rehabilitation Act
of 1973, 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..."
A.Â
Complaints should be filed with the Town Administrator,
who has been designated to coordinate § 504 compliance.
B.Â
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.Â
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.Â
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 Administrator who should review the Handicapped
Requirements Handbook published by the Federal Programs Advisory Service.
E.Â
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.Â
The § 504 coordinator shall maintain the files
and records of the Town relating to the complaints filed.
A.Â
The complainant may appeal the decision of the § 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.Â
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.Â
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.Â
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.
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 § 504 complaint with the Office of Revenue
Sharing, 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 chapter 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 § 504 regulations.
