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The following grievance procedure is hereby established in and for the City. Such procedure provides for prompt and equitable resolution of a complaint alleging any action prohibited by any Federal department or agency regulation, implementing Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794). Section 504 states, in part, that "no otherwise qualified handicapped individual... shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance..."
(a) A complaint should be addressed to the City Manager, who is hereby made responsible for coordinating Section 504 compliance efforts.
(b) A complaint should be filed in writing or verbally, contain the name and address of the person filing it and briefly describe the alleged violation of the regulations.
(c) A complaint should be filed within five working days after the complainant becomes aware of the alleged violation. Processing of an allegation of discrimination which occurred before the effective date of this section (Resolution 841001, passed October 9, 1984) shall be considered on a case-by-case basis.
(d) An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation shall be conducted by the Manager. This section contemplates an informal but thorough investigation, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.
Under Federal department or agency regulations, the City need not process a complaint from an applicant for employment or from an applicant for admission to post-secondary educational institutions.
(e) A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the Manager, and a copy of the same shall be forwarded to the complainant not later than five working days after its filing.
(f) The Section 504 Coordinator shall maintain the files and records of the City relating to the complaints filed.
(g) The complainant may request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made within five working days to the Manager.
(h) The right of a person to a prompt and equitable resolution of the complaint filed under this section shall not be impaired by the person's pursuit of other remedies such as the filing of a Section 504 complaint with the responsible Federal department or agency. Utilization of the grievance procedure set forth in this section is not a prerequisite to the pursuit of other remedies.
(i) This section 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 all implementing regulations.
(Res. 841001. Passed 10-9-84.)