RESOLUTION 2016-08
A RESOLUTION ADOPTING CHRUBUSCO’S TITLE VI/ADA NONDISCRIMINATION POLICY
WHEREAS, in accordance with Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and other associated non-discrimination laws in regard to access to services an activities provided by federal agencies and recipients of federal assistance, the Town of Churubusco’s has drafted a Title VI/ADA Non-Discrimination Policy and Grievance Procedure to reaffirm the Town’s policy to allow all individuals the opportunity to participate in federal financially assisted services.
NOW, THEREFORE, BE IT RESOLVED, the Town Council of the Town of Churubusco of Churubusco, Indiana hereby approves and adopts the Title VI/ADA Policy and Grievance Procedure.
DULY ADOPTED by the Town Council at its regular meeting held on the 18th day of May, 2016, at which meeting a quorum was present.
_______________________________ ATTEST:
Mark Pepple
________________________________ _____________________________
Bruce Johnson Madalyn Sade-Bartl, Clerk-Treasurer
________________________________
Frank Kessler, Town Council President
Town of Churubusco Title VI/ADA Nondiscrimination Policy and Grievance Procedure
Adopted May 18, 2016
Title VI Nondiscrimination Policy Statement:
The Town of Churubusco values diversity and welcomes input from all interested parties, regardless of cultural identity, background, or income level. Thus, Town of Churubusco does not tolerate discrimination in any of its programs, services or activities. Pursuant to Title VI of the Civil Rights Act of 1964, the Americans with Disability Act of 1990, and other federal and state authorities, the Town of Churubusco will not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income, sexual orientation, gender identity, or family status.
ADA/504 Nondiscrimination Statement:
Section 504 of the Rehabilitation Act of 1973 (Section 504), the Americans with Disabilities Act of 1990 (ADA) and related federal and state laws and regulations forbid discrimination against those who have disabilities. Furthermore, these laws require federal aid recipients and other government entities to take affirmative steps to reasonably accommodate the disabled and ensure that their needs are equitably represented in transportation programs, services and activities.
The Town of Churubusco will make every effort to ensure that its facilities, programs, services, and activities are accessible to those with disabilities. The Town of Churubusco will make every effort to ensure that its advisory committees, public involvement activities and all other programs, services and activities include representation by the disabled community and disability service groups.
The Town of Churubusco encourages the public to report any facility, program, service or activity that appears inaccessible to those who are disabled. Furthermore, the Town of Churubusco will provide reasonable accommodation to disabled individuals who wish to participate in public involvement events or who require special assistance to access facilities, programs, services or activities. Because providing reasonable accommodation may require outside assistance, organization or resources, the Town of Churubusco asks that requests be made at least fourteen (14) calendar days prior to the need for accommodation. Questions, concerns, comments or requests for accommodation should be made to the Town’s Title VI/ADA Nondiscrimination Coordinator.
To ensure program accessibility for people with disabilities in the community, the Town of Churubusco has developed an ADA Transition Plan, which is to be considered good practice. Copies of the Town’s Transition Plan for Public Rights-of-Way can be requested from the Title VI/ADA Nondiscrimination Coordinator.
GRIEVANCE PROCEDURE:
This Grievance Procedure may be used by anyone who wishes to file a complaint alleging discrimination on the basis of race, color, national origin, sex, age, disability, religion, income, sexual orientation, gender identity, or family status in the provision of services, activities, programs, or benefits by the Town of Churubusco. The Town of Churubusco’s Personnel Handbook governs employment-related complaints of disability discrimination.
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 a tape recording of the complaint, will be made available for persons with disabilities upon request. The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:
Madalyn Sade-Bartl
Title VI/ADA Nondiscrimination Coordinator
530 S. Main St.
Churubusco, IN 46723
madalyn@townofchurubusco.com
Phone: (260)693-9350, Fax: (260)693-1799
Within 15 calendar days after receipt of the complaint, the Title VI/ADA Nondiscrimination Coordinator or his/her designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the Title VI/ADA Nondiscrimination Coordinator or his/her designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the Town of Churubusco and offer options for substantive resolution of the complaint.
If the response by the Title VI/ADA Nondiscrimination Coordinator or his/her designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the Town Council President or his/her designee.
Within 15 calendar days after receipt of the appeal, the Town Council President or
his/her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the Town Council president or his/her designee will respond in writing and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.
All written complaints received by the Title VI/ADA Nondiscrimination Coordinator or his/her designee, appeals to the Town Council president or his/her designee, and responses from these two offices will be retained by the Town of Churubusco for at least three years. The Grievance Form can be found in Appendix A.
Should the complainant be unable or unwilling to complain to the Town, the written complaint may be submitted directly to Indiana Department of Transportation (INDOT). INDOT will serve as a clearing house, forwarding the complaint to the appropriate state or federal agency:
Indiana Department of Transportation
Attn: Erin Hall, Title VI & ADA Program Manager
100 N. Senate Ave.
Indianapolis, IN 46204
(317) 234-6142
Ehall2@indot.in.gov
Appendix A – Grievance Form
Title VI/Americans with Disabilities Act/Section 504
of the Rehabilitation Act of 1973
Discrimination Complaint Form
Instructions: Please fill out this form completely, in black ink or type. Sign and return to
the address below:
Complainant: ____________________________________________________________
Address: City, State and Zip Code: ___________________________________________
Telephone: ____________________________
Person Discriminated Against: (if other than the complainant) Address:_________________________________________________________________
City, State, and Zip Code:___________________________________________________
Telephone: ____________________________________
Government, or organization, or institution which you believe has discriminated:
Name:__________________________________________________________________
Address:________________________________________________________________
County:_________________________________________________________________
City/Town:______________________________________________________________
State and Zip Code:________________________________________________________
Telephone Number: _______________________________________________________
When did the discrimination occur? Date:______________________________________
Describe the acts of discrimination providing the name(s) where possible of the individuals who discriminated (use an additional sheet of paper if necessary):
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Have efforts been made to resolve this complaint through the internal grievance procedure of the government, organization, or institution? Yes______ No______
If yes: what is the status of the grievance? _____________________________________
________________________________________________________________________
Do you intend to file with another agency or court? Yes______ No______
Agency or Court__________________________________________________________
Address:________________________________________________________________
City, State and Zip Code:___________________________________________________
Telephone Number:
Signature: _______________________________________________________________
Date: ___________________________________________________________________
Return to:
Title VI/ADA Nondiscrimination Coordinator
Town of Churubusco
530 S. Main St.
Churubusco, IN 46723
madalyn@townofchurubusco.com
