[HISTORY: Adopted by the Village Board of the Village of Mazomanie as indicated in article histories. Amendments noted where applicable.]
Article I Access by Handicapped Persons
[Adopted 12-27-1988 as Title 10, Ch. 9 of the 1988 Code; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The Village is committed to providing adequate access by handicapped or visually impaired persons to public buildings financed in part by federal revenue sharing. This chapter provides for a grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Office of Revenue Sharing's regulations [31 CFR 51.55(d)(2)] implementing 28 CFR 35.107(b) of the Americans with Disabilities Act of 1990. Section 35.107(b) 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 filed with the Village Clerk-Treasurer, who has been designated to coordinate compliance with 28 CFR 35.107(b).
A complaint should be filed in writing, contain the name, address and phone number of the person filing it, and briefly describe the complaint and the possible resolutions.
A complaint should be filed within 60 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 an appropriate person designated by the Clerk-Treasurer who should review the Handicapped Requirements Handbook published by the Department of Justice.
A written determination as to the validity of the complaint and description of resolution, if any, shall be issued by the designated person and a copy forwarded to the complainant no later than 15 days after its filing.
The Clerk-Treasurer shall maintain the files and records of the Village relating to the complaints filed.
The complainant may appeal the decision of the Clerk-Treasurer where he or she is dissatisfied with the resolution. The appeal request shall be made within 15 days to the Clerk-Treasurer.
The grievance shall be heard by the Plan Commission within 15 working days after the filing of an appeals request. The grievance shall be heard at the Village Hall at a convenient time fixed by the Plan Commission. The Clerk-Treasurer shall give at least three days' written notice to the applicant by first-class mail of any such grievance hearing.
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.
The decision of the Plan Commission on the grievance appeal shall be in writing and shall state the reasons for the decision. The decision of the Plan Commission shall be rendered within 15 working days of the close of the hearing, and the Plan Commission 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 Clerk-Treasurer.
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 complaint under 28 CFR 35.107(b) with the Office of Revenue Sharing, U.S. Department of the Treasury. 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 article shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and to assure that the Village complies with 28 CFR 35.107(b) and the ADA regulations.
All written complaints received by the Clerk-Treasurer and responses will be retained by the Village for at least three years.