(A) The City of Walton does hereby adopt an internal grievance procedure to provide for prompt and equitable resolution of complaints alleging any action prohibited by the Office of Revenue Sharing (ORS) Regulations (31 CFR 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 individual with a disability shall, solely by reason of his disability, 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. . ."
(B) All complaints alleging a violation of the foregoing section shall be addressed to the City Clerk/Finance, City Hall, Main Street, Walton, Kentucky, (859) 485-4383, who is designated by this section to coordinate Section 504 compliance efforts.
(C) A complaint should be filed in writing or verbally, containing the name and address of the person filing it and briefly describing the alleged violation of the regulations.
(D) A complaint shall be filed within 30 days after the complainant becomes aware of the alleged violation. Processing of allegations of discrimination occurring before this grievance procedure was adopted shall be considered on a case-by-case basis.
(E) An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation will be conducted by the Mayor. 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 CFR 51.55(d)(2) the city need not process complaints from applicants for employment or from applicants for admission to post secondary educational institutions.
(F) A written determination as to the validity of the complaint and a description of resolution, if any, shall be issued by the Mayor and a copy forwarded to the complainant not later than 60 days after its filing.
(G) The Section 504 coordinator shall maintain the files and records of the city relating to the complaints filed. The complainant can request a reconsideration of the case in instances where he is dissatisfied with the resolution. The request for reconsideration shall be made within 30 days to the City Clerk/Finance.
(H) The right of a person to a prompt and equitable resolution of the complaint filed hereunder 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.
(I) These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due-process standards, and to assure that the city complies with Section 504 in the ORS Regulations.
(Ord. 1984-26, passed 10-24-84)