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1992 - 06-15-92 Regular Meeting
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1992 - 06-15-92 Regular Meeting
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Minutes
Committee
Board of Commissioners
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qq th '3 CD <br />the matter to the Americans With Disabilities Compliance <br />Committee. The chairman of the committee will set a hearing <br />date and give the complainant and the County Manager 10 days <br />notice of said hearing. The County manager will be <br />responsible to notify any county agency or personnel involved <br />in the matter of the date of the hearing. The hearing shall <br />be in public and all proceedings shall be recorded. The <br />committee will issue a written decision within 20 days of the <br />conclusion of the hearing. The decision shall be mailed to <br />the complainant at the address set forth in the complaint by <br />registered or certified mail, return receipt requested. <br />If the complainant is not satisfied with the decision of <br />the Americans With Disabilities Act Compliance Committee, he <br />or she may file in the office of the County Manager a written <br />statement to that effect and request a hearing before the <br />Board of Commissioners provided he or she does so within 10 <br />days of the receipt of the decision of the Americans With <br />Disabilities Act Compliance Committee. <br />C. If the complainant prefects his or her appeal in the <br />manner set forth above, then the Americans With Disabilities <br />Act Compliance Committee shall within 3 working days transmit <br />copies of all documents and recordings pertaining to this <br />matter to the County Manager for the use and benefit of the <br />Board of Commissioners. The Chairman of the Board shall set a <br />hearing date and shall give to the complainant and to the <br />County Manager 10 days notice of the hearing. The County <br />Manager will be responsible to notify any county agencies or <br />personnel involved in the matter of the date of the hearing. <br />The hearing will be conducted in public and all proceedings <br />shall be recorded. A written determination must be made <br />within 30 days of the conclusion of the hearing. The decision <br />of the Board of Commissioners is final. <br />D. The complainant may be, but it is not required to be <br />represented by counsel. Likewise, any person whose alleged <br />conduct is the cause of the complaint may be, but it is not <br />required to be represented by counsel. <br />E. The County Attorney shall serve as legal adviser to the <br />Americans With Disabilities Act Coordinator, the Americans <br />With Disabilities Act Compliance Committee and the Board of <br />Commissioners. <br />F. The burden of proof shall be upon the complainant at each <br />state of the proceedings and the complainant shall present his <br />or her evidence first. The person or agency whose alleged <br />conduct or action is the cause of the complaint shall then <br />present their evidence in defense after which each party may <br />present evidence in rebuttal. The tribunal hearing the <br />matter, the complainant and any person whose alleged conduct <br />is the cause of the complaint shall have the right to call and <br />cross examine witnesses and offer other evidence. <br />G. The use of this grievance procedure is not a prerequisite <br />to the pursuit of other remedies. The filing of a complaint <br />30 <br />
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