(A) The town hereby adopts an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the ADA or any regulations implementing the Americans with Disabilities Act, being 42 U.S.C. §§ 12101 et seq.
(B) Compliant procedure.
(1) Complaints should be addressed to ADA Coordinator, Town Hall, Newburgh, Indiana 47630, who has been designated to coordinate ADA compliance efforts.
(2) A complaint shall be filed in writing, contain the name and address of the person filing it, and briefly describe the alleged violation of the Act.
(3) A complaint shall be filed within 30 days after the complainant becomes aware of the alleged violation.
(4) An investigation, as may be appropriate, may be conducted following a filing of the complaint. The investigation shall be conducted by the ADA Coordinator, or his or her designee. This section contemplates informal, but thorough, investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.
(5) A written determination as to the validity of the complaint, and a description of the resolution, if any, shall be issued by the ADA Coordinator and a copy forwarded to the complainant no later than 15 working days after its filing.
(6) The ADA Coordinator shall maintain the files and records of the town relating to the complaints filed.
(7) The complainant may appeal the Coordinator’s findings in instances where he or she is dissatisfied with the resolution. The request for appeal shall be made in writing within 30 days of the Coordinator’s finding to the ADA Compliance Committee, Town Hall, Newburgh, Indiana 47630.
(8) The right to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by pursuit of other remedies such as the filing of an ADA complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.
(9) These rules 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 the ADA and implementing regulations.
(10) The decision of the Compliance Committee shall be deemed a final decision on any issue before it.
(Ord. 1992-9, passed 10-14-1992)