§ 31.55 DISCRIMINATION GRIEVANCE PROCEDURE.

   (A)   Adoption. The town finds that it is necessary and serious to adopt a grievance procedure providing for prompt and equitable resolution of complaints alleging any discriminatory action by the town that is prohibited by the United States Department of Justice regulations implementing Title VI of the Civil Rights Act of 1964.

      (1)   Roles. In the town’s grievance procedure, the Executive Manager is defined as the Town Council, the Title VI Coordinator is defined as the Town Supervisor, and the American’s with Disabilities Act (ADA) Coordinator is defined as the Town Supervisor.

      (2)   Procedure and manual. The Title VI Policy Manual and Grievance Procedures for the town are adopted in its entirety by this subchapter. The town’s Title VI grievance procedure is as described in divisions (B) through (D) below.

(Res. 2021-2, passed 11-2-2021)

   (B)   How to file a complaint/grievance. Any person who believes that he or she, individually, as a member of any protected class, or in connection with any disadvantaged business enterprise, has been excluded from participation in, denied benefits of or otherwise subjected to discrimination under any town service, program or activity, whether federally funded or not, may file a complaint under Title VI of the Civil Rights Act of 1964, as amended. It is the policy of the town to comply with Title VI of the Civil Rights Act.

      (1)   Step one: Complete the town’s complaint/grievance form.

         (a)   Complaint forms can be found on the town’s website (townofgreentown.com) or at the Town Hall building, 112 N. Meridian Street Greentown, IN 46936, 765-628-3263 or [e-mail].

         (b)   A grievance may be communicated in writing, by email, fax, telephone or in person, but must follow the format of the town’s complaint form in order to gather all pertinent information for complaint processing. A complaint may be submitted by a representative on behalf of another person.

         (c)   Generally, a complaint should include pertinent information, such as the name, address and telephone number of the individual complaining (the complainant) and a brief description of the alleged discriminatory conduct, including the date, place of harm and any witnesses.

         (d)   The full name and address of the respondent (the person, agency, department or program that allegedly discriminated against the complaint) is needed. An individual submitting a complaint alleging discrimination may also include any relevant evidence, including the names of witnesses and supporting documentation. If a form is deemed incomplete, additional information will be requested, and the requested information must be submitted within 30 calendar days. Failure to respond within 30 calendar days may result in an administrative closure of complaint.

         (e)   At some point, the complaint must be reduced to writing and the complainant must sign an original copy of the completed complaint form in order for the town to begin the complaint process. A complainant’s identity shall be kept confidential except to the extent necessary to conduct an investigation. All complaints shall be kept confidential.

         (f)   A grievance concerning the accessibility of the town’s services, programs or activities should be addressed to the ADA Coordinator.

         (g)   All other complaints alleging discrimination by the town and its employees should be addressed to the Title VI Coordinator.

         (h)   (Note: It is the policy of the town to comply with Title VI of the Civil Rights Act, to conduct a prompt and impartial investigation of all allegations of discrimination and to take prompt elective corrective action when a claim of discrimination is substantiated.)

      (2)   Retaliation. No one may intimidate, threaten, coerce or engage in other discriminatory conduct against anyone because he or she has taken action, or participated in an action to secure rights protected by civil rights laws. The town prohibits retaliation or intimidation against anyone because that individual has either taken action or participated in action to secure rights protected by policies of the town. Anyone who feels he, she or they were intimidated or experienced perceived retaliation in relation to filing a complaint shall inform the Title VI Coordinator.

      (3)   Step two: Acknowledgment.

         (a)   A grievance should be filed within 180 days of the grievant party becoming aware of the alleged violation. For ADA issues, the ADA Coordinator will send an acknowledgment of receipt of the complaint upon receipt within seven days, and review and respond to the completed form within 15 working days.

         (b)   For all other discriminatory issues, the Title VI Coordinator shall review the completed form, acknowledge receipt of the complaint and respond within 15 working days.

      (4)   Step three: processing and informal resolution. Following the filing of a grievance and the review of the form, the Title VI Coordinator shall examine deadlines, establish jurisdiction and determine whether, and to what extent, an investigation of the grievance is warranted. The Title VI Coordinator, or designee, shall speak with the complainant about the grievance and possible resolutions, if applicable.

         (a)   If any complaint warrants a full investigation (finding of a substantiated complaint), the Title VI Coordinator will conduct a full investigation within 60 calendar days of receipt of the completed complaint, and the complainant will be notified in writing by certified mail. This notice will name the investigator and/or investigating agency.

         (b)   The party alleged to have acted in a discriminatory manner will also be notified by certified mail as of the complaint. This letter will also include the investigator’s name and will request that this party (the respondent) be available for a possible interview or to write a position statement in order to respond to all aspects of the complaint’s allegations and to state his or her position.

         (c)   In the case of a property or access issue, any resulting investigation shall be conducted by the ADA Coordinator or his or her designee. If appropriate, the ADA Coordinator will arrange to meet with the grievant to discuss the matter and attempt to reach an informal resolution. The Title VI Coordinator will monitor the ADA investigation.

         (d)   If the complaint is against the town’s Departments/ADA Coordinator, the Title VI Coordinator will investigate the complaint, and forward a copy of the complaint to the Town’s Attorney for recommendations.

         (e)   Any informal resolution of a grievance shall be documented in the Title VI Coordinator/ADA Coordinator’s file/log, and the case will be closed. Complaints that fall outside of the town’s jurisdiction will be referred to the appropriate governmental entity, logged as such, and the complainant will be duly notified.

         (f)   The Title VI Coordinator will inform the state’s Department of Transportation (INDOT) of any referrals, all comp- laints/investigations, and its subsequent findings and resolutions (informal or formal) within 30 days of a completed complaint form and at the time of resolution.

         (g)   If the Title VI Coordinator recommends corrective action, the Title VI Coordinator will give the respondent/department 30 calendar days to inform the Title VI Coordinator of the actions taken for compliance. Corrective action may include actions that the respondent/department will complete at a future date beyond the initial 30 days to respond, and the plan must include specific timeframes in which the respondent will complete the action.

         (h)   The Title VI Coordinator shall monitor and log the respondent’s corrective action compliance. (Noting, the Title VI Coordinator may have to work in conjunction with the ADA Coordinator and the town department heads to resolve complaints.)

         (i)   (Note: In the case of sub-contractors, if the respondent/sub-contractor has not taken the recommended corrective action within the 30-day period allowed, the Coordinator will deem the respondent/subcontractor to be in noncompliance with Title VI and its implementing regulations. Noncompliance not corrected by informal means as described in this section (B) may be subject to sanctions asked for under 49 C.F.R. §§ 21.13.)

      (5)   Step four: Formal resolution/written determination. If an informal resolution of the grievance is not reached this division (B) within 60 calendar days of receipt of the grievance, a written determination as to the validity of the complaint and description of the resolution, if appropriate, shall be forwarded by the Title VI Coordinator/ADA Coordinator to the Town Council to review for approval or direction.

      (6)   Step five: final determination and resolution.

         (a)   The final written determination will include a description of the complaint, a summary of the investigation and the findings, and, if appropriate, recommendations and resolutions/corrective actions. All parties will be properly notified of the outcome of the town’s investigative report.

         (b)   The Title VI/ADA Coordinator shall communicate the final determination and resolution to the grievant within 90 days of the receipt of the complaint, unless the Town Council authorizes additional time for further consideration of the grievance. Any extension of time will be communicated to the grievant. Any request for reconsideration of the response to the grievance shall be at the discretion of the Town Council.

         (c)   Further, these procedures are part of an administrative process that does not provide for punitive damages or compensatory remuneration for the complaint. However, the town will make every effort to facilitate voluntary and early resolution of complaints at the lowest level possible. The town may exercise the option of informal resolution at any stage of the process.

         (d)   In regards to ADA complaints, the resolution of any specific grievance will require consideration of various circumstances, such as the specific nature of the complaint, the nature of the services accessed and/or programs or facilities at issue; the essential eligibility requirements for participation; the health and safety of others; disparate conditions, and the degree to which an accommodation/modification would constitute a fundamental alteration to the service, program or facility, or cause undue hardship on the town.

         (e)   Any resolution by the town of any one ADA grievance does ‘not’ constitute a precedent upon which the town is bound to, or upon which other complaining parties may rely.

         (f)   Other discriminatory complaints will examine potential disparate conditions as well as more intentional acts of discrimination. Accordingly, any resolution by the town of any one grievance does not constitute a precedent upon which the town is bound to, or upon which other complaining parties may rely.

         (g)   If the grievant is not satisfied with the results of the investigation of the alleged discriminatory practice(s), he or she shall be advised of his or her right to appeal the town’s decision. Appeals must be filed within seven days after the town’s final resolution. Unless new facts not previously considered come to light, reconsideration of the town’s determination will not be available.

         (h)   Use of the town’s grievance procedure is not a prerequisite to the pursuit of other remedies. The grievant may seek private counsel or file a complaint directly with the United States Department of Justice (DOJ), the state’s Department of Transportation (INDOT) or other appropriate state or federal funding agency.

         (i)   The foregoing complaint resolution procedure will be implemented in accordance with the Department of Justice guidance manual, Investigation Procedures Manual for the Investigation and Resolution of Complaints Alleging Violations of Title VI and Other Nondiscrimination Statues, available online at: justice.gov/crt/abouVcor/Pubs/manuals/complain.pdf.

   (C)   Authority; location of filing. Complaints may also be filed with the following government agencies:

      (1)   United States Department of Justice:

United States Department of Justice

Civil Rights Division

950 Pennsylvania Avenue, N.W.

Office of the Assistant Attorney

General, Main Washington, D.C. 20530

202-514-4609

(TTY) [phone]

      (2)   State Department of Transportation:

Indiana Department of Transportation

Economic Opportuniy Division 100 N. Senate, Room N750 Indianapolis, IN 46204

Phone: [phone]

Fax: [phone]

      (3)   State Civil Rights Commission:

Indiana Civil Rights Commission

100 N. Senate Ave., Room Nl03

Indianapolis, IN 46204

Toll Free: 1-800-628-2909

Hearing Impaired: 1-800-743-3326 Phone: [phone]

Fax: [phone]

   (D)   Recordkeeping. The town’s ADA Coordinator and the Title VI Coordinator shall maintain their appropriate grievance files/logs for three years, and the Title VI Coordinator shall maintain a yearly filing log with all dispositions.

(Res. 2021-2, passed 11-2-2021)