(a) Statement of Purpose.
(1) The Village of Edgar, in complying with the Americans with Disabilities Act (ADA), 42 USC Sec. 12101, has developed a plan by which access to all Village programs, facilities, services and employment is guaranteed to all citizens. The ADA Coordinator shall be the Village Administrator and the ADA Compliance Committee shall be the Plan Commission, except as provided under Subsection (a)(2) below. Concerns and/or complaints can be addressed to the ADA Coordinator.
(2) The ADA Coordinator and ADA Compliance Committee shall be annually designated by the Village President, subject to confirmation by the Village Board, at the Board's organizational meeting. If the Plan Commission is not so designated, an ADA Compliance Committee shall consist of five (5) members, and shall, if possible, have representatives from the following fields:
a. Business and/or non-profit organization.
b. Education.
c. Disabled representative.
d. Elected official.
e. Health/medical.
(3) In the alternative to the committee structure in Subsection (a)(2) above, the Village Board may designate the Plan Commission to serve as the ADA Compliance Committee.
(4) Village letterhead and other applicable printed notices should contain the words "An equal opportunity/affirmative action employer."
(5) An ADA Committee meeting shall be treated as any other Village committee meeting and notice shall be posted a minimum of twenty-four (24) hours prior to the meeting.
(b) Complaint Procedure.
(1) Complaints shall be filed with the ADA Coordinator, in care of the Village Administrator.
(2) 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.
(3) A complaint should be filed within thirty (30) days after the complainant becomes aware of the alleged problem.
(4) An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation will be conducted by the ADA Coordinator.
(5) 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 than twenty (20) days after its filing.
(6) The Village Administrator shall maintain the files and records of the Village relating to the complaints filed.
(c) Appeals.
(1) 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 thirty (30) days. Review will be conducted in public with a minimum twenty-four (24) hour 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.
(2) 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 thirty (30) days of the ADA Compliance Committee's hearing. The decision by the Village Board shall be final. An open, public meeting of the Village Board shall precede the vote.
(d) Other Remedies. 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 of Edgar 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.
(e) Due Process. This Section shall be construed to protect the substantive rights of interested persons and to meet appropriate due process standards.