(a) Interfering with Rights. No public servant, under color of his or her office, employment, or authority, shall knowingly deprive, conspire or attempt to deprive any person of a constitutional or statutory right or a right created by ordinance, resolution or regulation.
(ORC 2921.45; Adopting Ordinance)
(b) Discrimination Against Handicapped. The following grievance procedure is hereby adopted to provide for an equitable resolution of complaints dealing with discrimination on the basis of handicapped status:
(1) Complaints shall be addressed to the Compliance Coordinator, City of Avon Lake, who has been designated to coordinate efforts to comply with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).
(2) A complaint shall be filed in writing or verbally, shall contain the name and address of the person filing it and shall briefly describe the alleged violation of the regulations.
(3) A complaint shall be filed within five days after the complainant becomes aware of the alleged violation. Processing of allegations of discrimination occurring before this grievance procedure was in place will be considered on a case by case basis.
(4) An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation will be conducted by the Building Inspector. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint. Under the Office of Revenue Sharing's regulations (31 C.F.R. 51.55 (d)(2)), the City need not process complaints from applicants for employment or from applicants for admission to post-secondary educational institutions.
(5) A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the Compliance Coordinator and a copy shall be forwarded to the complainant not later than 15 working days after its filing.
(6) The Compliance Coordinator shall maintain the files and records of the City relating to the complaints filed.
(7) The complainant may request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration shall be made within ten days to the Mayor.
(8) The right of a person to a prompt and equitable resolution of a complaint filed under this section shall not be impaired by the person’s pursuance of other remedies, such as the filing of a Section 504 complaint with the Office of Revenue Sharing, U.S. Department of Treasury. Utilization of this grievance procedure is not a prerequisite of the pursuit of other remedies.
(9) These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and to ensure that the City complies with Section 504 and the regulations of the Office of Revenue Sharing.
(Ord. 149-84. Passed 10-22-84.)
(c) Whoever violates this section is guilty of interfering with civil rights, a misdemeanor of the first degree.
(ORC 2921.45)