(A) Generally. The following procedures in division (D) below shall be the grievance procedures for anyone who believes he or she has been discriminated against by the Fiscal Court of the county based on handicapped status with respect to federally funded programs.
(B) Administration. The administration of these procedures and related federal and state regulations shall be the responsibility of the Executive Authority of the Fiscal Court of the county.
(C) Amendment procedure. These procedures may be amended by ordinance to comply with Court directives or additional federal and state regulations.
(D) Grievance procedure for complaints relating to suspected or alleged discrimination on basis of handicapped status in the county.
(1) Any person (employee or citizen) who believes that he or she has been subjected to discrimination as prohibited by the Federal Revenue Sharing program regulations and § 504 of the Rehabilitation Act of 1973, may personally or by a representative, file a complaint with the Office of the Judge-Executive of the county. A person who has not personally been subjected to discrimination may also file a complaint.
(2) When any person, (citizen, applicant or employee) who believes he or she has been adversely effected by an act or decision by the county, and that the act or decision was based on handicapped status shall have the right to process a complaint or grievance in accordance with the following procedure.
(a) Step one. An aggrieved person must submit a written statement to the County Judge- Executive setting forth the nature of the discrimination alleged and facts upon which the allegation is based.
(b) Step two.
1. The County Judge-Executive shall contact the complainant no later than 15 days after receiving the written statement to establish an informal meeting with the objective of resolving the matter informally. However, in no case shall the informal meeting be conducted sooner than five days nor more than 45 days after receiving the written statement.
2. There shall be prepared a written documentary of the discussions at the informal meeting, which shall be preserved in the records of the County Fiscal Court.
(c) Step three. Within 15 days of the informal meeting, if no decision has been made by the County Judge-Executive or the decision of the County Judge-Executive does not satisfy the complainant, he or she may request a hearing with the County Fiscal Court by submitting a written request to the County Judge-Executive.
(d) Step four. In discussing the grievance, the complainant may designate any person of his or her choice to appear with him or her and participate in the discussion. The County Fiscal Court shall require the County Judge-Executive to participate in the discussion of the grievance, when it is brought before the County Fiscal Court. The County Fiscal Court shall issue a written decision on the matter within 15 days, and the decision shall be the final procedure for the complainant at the local level.
(3) There shall be prepared a written documentary of the discussion at the hearing, which shall be preserved in the records of the county.
(Ord. KOC 84-222-21, passed 10-2-1984)