(A) In general. 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 services, programs, or activities.
(1) Employment. The town 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.
(2) Effective communication. The town will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in town 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.
(3) Modifications to policies and procedures.
(a) 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. For example, individuals with service animals are welcomed in the town, even where pets are generally prohibited.
(b) Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of the town should contact the office of the Town Manager, 120 W. Main St, Winamac, IN 46996, 574-946-3451; as soon as possible but no later than 48 hours before the scheduled event.
(c) The ADA does not require the town to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.
(d) Complaints that a program, service, or activity of the town is not accessible to persons with disabilities should be directed to the Town Manager, 120 W. Main St, Winamac, IN 46996, 574-946-3451.
(3) 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.
(B) Grievance procedure.
(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 provision of services, activities, programs, or benefits by the town. The town’s personnel policy governs employment-related complaints of disability discrimination. (See § 31.01.)
(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 filing complaints, such as personal interviews or an audio 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 or her designee as soon as possible but no later than 60 calendar days after the alleged violation to the ADA Coordinator/Town Manager 120 W. Main Street Winamac, IN 46996 574-946-3451.
(4) Within 15 calendar days after receipt of the complaint, the ADA Coordinator/Town Manager 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 ADA Coordinator/Town Manager 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 recording. The response will explain the position of the town and offer options for substantive resolution of the complaint.
(5) If the response by the ADA Coordinator/Town Manager 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.
(6) Within 35 calendar days after receipt of the appeal, the Town Council or their designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the Town Council or their 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 ADA Coordinator/Town Manager or his or her designee, appeals to the Town Council or their designee, and responses from these two offices will be retained by the town for at least three years.
(Ord., passed 8-13-2012; Am. Ord., passed 8-13-2012)
Cross-references:
ADA complains from town employees, see § 31.01