The town has adopted a grievance procedure for prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Justice regulations implementing Title VI of the Civil Rights Act of 1964. Title VI states, in part, that “no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal Financial Assistance.”
(A) Step one: file the grievance. Complete the town Grievance Form. The Grievance Form can be found on the town website (www.town.pendleton.in.us
) or in the Title VI Coordinator’s office. A grievance may be communicated in writing, by email, by fax, or by telephone, but must follow the format of the town Grievance Form. The Grievance Form should be addressed to the Town Manager and/or the Town Council President.
(B) Step two: acknowledgment. A grievance should be filed within 180 days after the grievant party becomes aware of the alleged violation. Within 15 calendar days after receipt of the complaint, the Title VI Coordinator will arrange to speak or meet with the complainant to discuss the complaint and the possible resolutions, if applicable. If a complaint is deemed incomplete, additional information will be requested. The complainant has 60 business days to respond to the request of additional information. A complainant’s failure to respond to the request within 60 business days may result in the administrative closure of the complaint. If the town does not have sufficient jurisdiction to investigate the complaint, the Title VI Coordinator will refer the complaint to the appropriate jurisdiction. The Title VI Coordinator will notify the complainant or their representative, in writing, that the complaint is outside of the town’s jurisdiction and where the complaint has been referred for further handling.
(C) (1)Step three: final determination and resolution. The Title VI Coordinator will conduct a complete and thorough investigation of complaints inside the town’s jurisdiction and based upon the information obtained will render a final written response letter to the complainant or their representative by registered mail or hand delivery within 60 business days. The final written response will include a description of the complaint, a summary of the investigation, and the findings of such, summaries of all individuals interviewed, and if appropriate, recommendations and resolutions.
(2) If a complainant is dissatisfied with the final resolution of the complaint, they have the right to file a complaint with the following:
Department of Justice
Federal Coordination and Compliance Section - NWB
Civic Rights Division
US Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530
(Ord. 2016-12, passed 10-6-16)