(a) Grievance Defined. A grievance under this section shall include a complaint by any handicapped resident of the Village claiming discrimination of that handicapped person in employment actions, decisions, policies or practices or in admission or access to, or treatment or employment in, programs or activities of the Village.
(b) General Ground Rules for Grievances.
(1) Grievances can be initiated by a Village resident who has a physical or mental impairment that substantially limits one or more major life activity, has a record of such impairment or is regarded as having such an impairment, and is considered handicapped and is protected under Federal law. Protected handicapped conditions, include, but are not limited to: blindness, cancer, cerebral palsy, deafness or hearing impairment, diabetes, epilepsy, heart disease, mental or emotional illness, mental retardation, multiple sclerosis, muscular dystrophy, orthopedic/ speech/visual impairment, dyslexia, minimal brain dysfunction, developmental aphasia, spina bifida.
(2) Representatives involved in grievance matters are not permitted to bluff or threaten; trade one grievance; or stall or prolong any grievance matters.
(3) All references to the number of days shall be understood as working days rather than calendar days. Time limits may be waived upon consent of both parties. Likewise, any step in this procedure may be eliminated by mutual consent.
(4) In any meetings or hearings, the grievant has the right to have a representative (attorney, counsel, etc.) in attendance.
(5) If either side demands a transcript of any proceedings, the side so demanding shall bear the full expense of the Court Reporter and the transcript preparation.
(6) The grievance procedure shall be concluded at any step where an agreement has been reached by both parties. Any award in favor of the grievant will be immediately implemented. No party in a higher step in the grievance procedure may veto or reverse a decision that is favorable to the grievant. In the event that either party fails to answer a grievance during the time specified in the grievance step, then the grievance will be considered settled against the side which defaulted.
(7) All grievances must follow the chain of appeal as specified by this grievance procedure. Nothing in this grievance procedure is intended to deny handicapped residents of the Village any rights available under the laws of Ohio or the United States of America.
(c) Step One: Mayor.
(1) Handicapped residents of the Village who have a complaint regarding discrimination shall submit their grievance in writing directly to the Mayor, which notice in writing shall include the following: a statement of the grievance and relevant facts; the Federal or State law which has been violated; the remedy sought; any recommendations or suggestions.
(2) Upon receipt of the original and one copy of the written grievance form from the grievant, the Mayor shall have them stamped to show the date of his receipt and shall schedule a meeting within five working days to discuss the grievance. Prior to the meeting, the Mayor or his designated representative shall make a thorough investigation of the circumstances and allegations surrounding the grievance. Such investigations may include the taking of written statements, reviewing all available written reports. review of all records instructions, policies, rules, regulations and other information pertinent to the grievance.
(3) Upon completion of this meeting, the Mayor shall determine whether the contemplated answer is consistent with policies, regulations, and law. The Mayor shall render his decision in writing and return a copy to the grievant within five working days after the meeting with grievant.
(d) Step Two: Grievance Review Committee.
(1) The grievant may request in writing within five working days after the receipt of the written decision by the Mayor that a Grievance Review Committee be set up to review the decision of the Mayor.
(2) This Committee shall consist of three members: one appointed by the President of Council; one appointed by the grievant; and the third member who shall be Chairman of this Committee and shall be jointly appointed by the President of Council and the grievant.
(3) The Grievance Review Committee shall schedule a meeting within five working days to discuss the grievance. The Grievant shall have the right to appear at this meeting and discuss the matter.
(4) The findings and recommendations of this committee shall be made in confidence to the Grievant and the Mayor within ten working days after the hearing.
(e) Record Keeping. The Fiscal Officer is hereby authorized and directed to keep a file of all records relating to any grievances filed against or on behalf of the Village.
(f) Handicapped Discrimination Policy. It is the express policy of the Village, that it shall not discriminate on the basis of handicapped status in admission or access to or treatment or employment in its programs and activities. In evaluating any grievance filed under this section, the Village shall take into consideration the handicapped discrimination requirements, regulations, and laws of Ohio and the United States of America.
(Ord. 84-11. Passed 11-28-84.)