In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the town will not discriminate against qualified individuals with disabilities on the basis of disability in its access to services, programs or activities.
(A) Employment. The town does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations as outlined by the U.S. Equal Employment Opportunity Commission under Title I of the ADA.
(B) Effective communication. The town will, upon request, provide appropriate aids and services leading to effective participation for people with disabilities to participate equally in the town’s programs, services and activities. Anyone who requires an auxiliary aid or service for effective participation or modification of policies or procedures to participate in a service, program, or activity, contact the office of the ADA Coordinator as soon as possible but no later than 48 hours before the scheduled event.
(C) Modifications to policies and procedures. The town 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. The Americans with Disabilities Act does not require the town to take any action that would fundamentally alter the nature of its services or programs or impose an undue financial or administrative burden to the town. Complaints regarding a service, program or activity of the town that is not accessible to persons with disabilities should be directed to the ADA Coordinator.
(D) The town 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.
(E) Procedures. The town has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Justice regulations implementing Title II of the Americans with Disabilities Act ("ADA"). Title II states, in part, that "no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in programs, services or activities sponsored by a public entity".
(1) (a) File the grievance. Complete the town’s grievance form. Grievance forms can be found on the town website (www.town.pendleton.in.us) or in the ADA Coordinator's office. A grievance may be communicated in writing, by e-mail, by fax or by telephone, but must follow the format of the town’s grievance form.
(b) A grievance concerning the accessibility of the town's services, programs or activities should be addressed to: the Town Manager and/or Town Council President.
(2) Acknowledgment. A grievance should be filed within 90 days after the grievant party becomes aware of the alleged violation. The ADA Coordinator will send an acknowledgement of receipt of the grievance within 12 working days.
(3) Informal resolution. Following the filing of a grievance, the ADA Coordinator shall determine whether, and to what extent, an investigation of the grievance is warranted. Any resulting investigation shall be conducted by the ADA Coordinator or his/her designee. In the case of a property or access issue, the grievance will also be investigated by the town’s property manager. A thorough investigation affords all interested persons and their representatives an opportunity to submit evidence relevant to a grievance. The ADA Coordinator will complete the investigation within 60 calendar days of receipt of the grievance. If appropriate, the ADA Coordinator will arrange to meet with the grievant to discuss the matter and attempt to reach an informal resolution of the grievance. Any informal resolution of the grievance shall be documented in the ADA Coordinator file and the case will be closed.
(4) Written determination. If an informal resolution of the grievance is not reached in division (E)(3), 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 ADA Coordinator to the Executive Officer for approval.
(5) (a) Final determination and resolution. The ADA Coordinator shall communicate the determination and resolution to the grievant within 90 calendar days of receipt of the grievance, unless the Executive Officer authorizes additional time for further consideration of the grievance. Any authorized extension of time will be communicated to the grieving. Any request for reconsideration of the response to the grievance shall be at the discretion of the Executive Officer.
(b) If the grievant is not satisfied with the town's handling of the grievance at any stage of the process, or does not wish to file a grievance through the town's ADA Title II grievance procedures, the grievant may file a complaint directly with the U. S. Department of Justice or other appropriate state or federal agency. Use of the town's grievance procedure is not a prerequisite to the pursuit of other remedies.
(c) The resolution of any specific grievance will require consideration of varying circumstances, such as the specific nature of the disability; the nature of the access to services, programs, or facilities at issue, the essential eligibility requirements for participation; the health and safety of others; and the degree to which an accommodation would constitute a fundamental alteration to the service, program or facility, or cause an undue hardship to the town. Accordingly, the resolution by the town of any one grievance does not constitute a precedent upon which the town is bound or upon which other complaining parties may rely.
(6) File maintenance. The town’s ADA Coordinator shall maintain ADA grievance files for three years.
(Ord. 2012-05, passed 5-3-12)