(A) The town hereby establishes a resolution of complaints alleging any violation of U.S. Department of Justice Disabilities Act, being 42 U.S.C. §§ 12101 et seq. Title II states, in part, that “no otherwise qualified disabled individual shall, solely by reason of the disability, be excluded from participation in, be denied the benefits of or be subjected to discrimination” in programs or activities sponsored by a public entity.
(B) Complaints should be addressed to: Town Manager, Town of Winnsboro, P.O. Box 209, Winnsboro, SC 29180.
(1) Complaints must be filed in writing within 30 days after the complainant becomes aware of the alleged violation, contain the name and address of the person filing it, and briefly describe the circumstances surrounding the alleged violation of the regulations.
(2) An investigation, as may be appropriate, shall follow a filing of complaint and shall be conducted by Ms. Rice. The investigation shall be informal but thorough and shall afford complainant and his or her representatives, if any, opportunity to submit evidence relevant to the complaint.
(3) A written determination as to the validity of the complaint and a description of the resolution, if any shall be issued by Ms. Rice and a copy forwarded to the complainant no later than 30 days after its filing.
(4) The complainant, in instances where he or she is dissatisfied with the initial resolution, may appeal the decision of the ADA Coordinator to the Town Manager. These requests should be in writing and submitted within 30 days following receipt of the Coordinator’s decision. Request for reconsideration of the case should be addressed to: Mr. James Futrell, Town Manager, Town of Winnsboro, P.O. Box 209, Winnsboro, SC 29180.
(5) Files and records of the town relating to the complaints filed shall be maintained by the ADA Coordinator.
(6) Use of the grievance procedure by a complainant is not a prerequisite to the pursuit of other remedies such as the filing of an ADA complaint with the responsible federal department or agency.
(7) 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.
(1995 Code, § 1-6045)