§ 30.04  NOTICE PROVISIONS AND GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT.
   (A)   Declaration. The following declaration is a written policy of the town and shall be posted in the Town Hall.
   “NOTICE UNDER THE AMERICAN WITH DISABILITIES ACT
   In accordance with the requirements of title II of the Americans with Disabilities Act of 1990 (ADA), the Town of Kirklin will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities.
   Employment: The Town of Kirklin does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the ADA.
   Effective Communication: The Town of Kirklin will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the Town of Kirklin's programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.
   Modifications to Policies and Procedures: The Town of Kirklin will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. For example, individuals with service animals are welcomed in Kirklin offices, even where pets are generally prohibited.
   Anyone who requires an auxiliary aid or service for effective communication, or modification of policies or procedures to participate in a program, service, or activity of the Town of Kirklin, should contact the office of the Clerk-Treasurer, 765-279-8786, 113 North Main Street, Kirklin, IN 46050.
   The Town of Kirklin will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.”
   (B)   Grievance Procedures under the Americans with Disabilities Act.
      (1)   This grievance procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 (ADA). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provisions of services, activities, programs, or benefits by the town. The town’s personnel policy governs employment-related complaints of disability discrimination.
      (2)   The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant, and location, date and description of the problem. Alternative means of fling complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.
      (3)   The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:
Clerk-Treasurer
Kirklin Community Center, P.O. Box 147
113 North Main Street
Kirklin, IN 46050
      (4)   Within 15 calendar days after receipt of the complaint, the Clerk-Treasurer or his or her designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the Clerk-Treasurer or his or her designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the town and offer options for substantive resolution of the complaint.
      (5)   If response by the Clerk-Treasurer or his or her designee does not satisfactorily resolve the issue, the complainant and/or his or her designee may appeal the decision within 15 calendar days after receipt of the response to the Town Council President or his or her designee.
      (6)   Within 15 calendar days after receipt of the appeal, the Town Council President or his or her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the Town Council President or his or her designee will respond in writing, and where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.
      (7)   All written complaints received by the Clerk-Treasurer or his or her designee, appeals to the Town Council President or his or her designee, and responses from these two offices will be retained by the town for at least three years.
(Ord. 2.10-2014, passed 2-10-2014)