There is hereby adopted an internal grievance procedure providing for the prompt and equitable resolution of complaints alleging any action prohibited by the Office of Revenue Sharing’s regulations (31 C.F.R. 51.55(d)(2)) 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 or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance…” Complaints should be addressed to the City Manager. Such grievance procedure is as follows:
(a) A complaint should 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.
(b) A complaint should be filed within ten 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.
(c) An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation will be conducted by the City Manager. 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 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.
(d) A written determination as to the validity of the complaint and a description of its resolution, if any, shall be issued by the City Manager, and a copy shall be forwarded to the complainant not later than thirty days after its filing.
(e) The Section 504 coordinator shall maintain the files and records of the City relating to the complaints filed.
(f) 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 ten days to the City Manager who shall forward such appeal to Council for its further consideration. The decision of Council shall be final.
(g) 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 Office of Revenue Sharing, U.S. Department of the Treasury. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies.
(Res. 84-R-26. Passed 10-15-84.)