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 St. Francisville
 Code of Ordinances
 Chapter 11.5. MISCELLANEOUS PROVISIONS
 Article I. IN GENERAL

  § 11.5-3. Section 504 and ADA grievance procedure.  

Latest version.

  • The Town of St. Francisville has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the regulation of the U.S. Department of Housing and Urban Development, 24 CFR Part 8, implementing section 504 of the Rehabilitation Act of 1973, as amended (Public Law 93-112) and the Americans with Disabilities Act. Section 504 and the ADA state in part: "No otherwise qualified handicapped/disabled individual … shall, solely by reason of his handicap/disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity of the town, especially those receiving federal financial assistance." To further assist those who may have a grievance concerning section 504 and ADA compliance, the town clerk has been designated to coordinate the efforts of the Town of St. Francisville to comply with section 504, its implementing regulation, 24 CFR Part 8, and the ADA.

    (1)

    A complaint should be in writing, contain the name and address of the person filing it, and briefly describe the action alleged to be prohibited by the regulation.

    (2)

    A complaint should be filed in the office of the section 504/ADA compliance coordinator within a reasonable time after the person filing the complaint became aware of the action alleged to be prohibited by the regulation.

    (3)

    The compliance coordinator or his/her designee shall conduct such investigation of a complaint as may be appropriate to determine its validity. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to the complaint.

    (4)

    The compliance coordinator shall issue a written decision determining the validity of the complaint no later than thirty (30) days after its filing.

    (5)

    The section 504/ADA compliance coordinator shall maintain the files and records of the Town of St. Francisville relating to complaints filed hereunder. The coordinator may assist persons with the preparation and filing of complaints participate in the investigation of complaints and advise the mayor concerning their resolution.

    (6)

    The right of a person to prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of a section 504 complaint with the Department of Housing and Urban Development or other federal or state agency. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies. Complaints may be forwarded for disposition to the:

    Office of Fair Housing and Equal Opportunity
    Department of Housing and Urban Development
    Washington, DC 20410

    Complaints may also be filed at any regional or field office of the Department, such as:

    Department of Housing and Urban Development
    Regional Office
    Fair Housing and Equal Opportunity Division
    P.O. Box 2905
    Fort Worth, TX 76113-2905

    (7)

    Determinations made under these procedures shall be liberally construed to protect the substantial rights of interested persons, in meeting appropriate due process standards and to ensure compliance by the Town of St. Francisville with section 504, its implementing regulation, and ADA, and its implementing regulation.

(Res. No. 1996-3, 3-12-96)