Chapter 2.110


2.110.010    Purpose.

2.110.020    Definition.

2.110.030    Procedure.

2.110.010 Purpose.

The purpose of this chapter is to establish a grievance procedure to comply with Section 504 of the Rehabilitation Act of 1973 and the Code of Federal Regulations relating to discrimination on the basis of handicap. (Ord. 2009-16 § 1. 2008 code § 1.22(1))

2.110.020 Definition.

An individual with handicaps is defined as any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment, all as set forth in 28 Code of Federal Regulations, part 41.31 (28 C.F.R. § 41.31) and 45 Code of Federal Regulations, part 84.3 (45 C.F.R. § 84.3), and is hereby adopted and made a part of this chapter in the same manner as if set forth in full. (Ord. 2009-16 § 1. 2008 code § 1.22(2))

2.110.030 Procedure.

Any person who shall feel aggrieved by any act of the Town Board of the Town of East Troy, its elected officials, officers, agents, employees or departments, shall have the right to make such grievance known to the Town in the following manner.

1.    A handicapped grievant shall make such grievance known to the Town Clerk either verbally or in writing except that if the grievance shall be verbal, the Town Clerk shall immediately reduce the grievance to writing.

2.    The Town Clerk shall, within five days, refer the matter to the Chairman of the Town Board, who shall appoint a member of the Town Board to hear the complainant and all interested parties and to make a recommendation to the Town Board for resolution and disposal of the grievance. The member of the Town Board shall act as an independent examiner and shall schedule a hearing on the matter within 15 days of appointment. Notice of such hearing shall be provided to all persons by first class mail and all persons of interest may appear and be heard. After receipt of all evidence and statements, the examiner shall render a decision within 15 days, which decision shall be in writing. The Town Clerk shall be present at said hearing and shall make a record of all proceedings (which may be by recording) and mark all exhibits. The record made at such hearing shall be a public record and subject to Wis. Stat. §§ 19.32 and 19.36. The member of the Town Board who shall be acting as examiner shall endeavor to resolve the grievance in an amicable manner and any such informal resolution shall be reduced to writing and made a part of the record of such grievance.

3.    If the Town Board examiner is unable to resolve the matter to the satisfaction of the parties, any person dissatisfied with the examiner’s decision may appeal within 15 days to the Town Board.

4.    The Town Board shall review the record in its entirety and the Town Board, acting as an appeal board, may in its discretion hold its own hearing at which time all interested parties may appear and be heard. The Town Board shall render its decision within 15 days and any person who is aggrieved with the Town Board decision may, within 30 days, appeal said decision to the Circuit Court by writ of certiorari as set forth in Wis. Stat. § 68.13. (2008 code § 1.22(3))