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HomeMy WebLinkAboutR-84-39RESOLUTION A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE ADOPTION OF A GRIEVANCE PROCEDURE PROVIDING FOR PROMPT RESOLUTION OF COMPLAIlfI'S ALLEG- ING ANY ACTION PROHIBITED BY THE OFFICE OF REVENUE SHARING'S REGULATIONS. W H E R E A S, the office of Revenue Sharing has instructed that a grievance procedure be adopted by October 17, 1984; and W H E R E A S, The City Council of the City of Sebastian, Florida, wishes to comply with the requirements of the Office of Revenue Sharing' s Regulations; N O W, T H E R E F 0 R E, BE IT RESOLVED by the City Council of the City of Sebastian, that the Grievance Procedure, attached hereto, as Exhibit "A" and made a part of this Resolution. This Resolution §hall be effective immediately upon its passage. CTTY OF SEBASTIAN, FLORIDA Deborah C. Krages, City Clerk I HEREBY CERTIFY that the foregoing Resolution was duly passed by the City Council of the City of Sebastian, Florida, this 7~ day of , Deborah C. Krages, ~ GRIEVANCE PROCEDURE The City'of ~ebastian has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Office of Revenue Sharing's (ORS) regulations (31C.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 handicap, be excluded f~om the participation in, be denied the bedefits of, or be subjected to discrimination under any program or activity receiving federal ~inancial assistance .... " Complaints should.be addressed to: George Schum, Chairman, Handicapped Committee, P.O. Box 127, Sebastian, FL 32958, 589-5330, who has been designated to coordinate Section 504 compliance efforts. 1. 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. 2. A complaint should be filed within ten (10) days after the complainant becomes aware of the alleged violation. (Processing of allegation of discrimination occurring before this grievance procedure was in place will be considered on a case-by-case basis.)' 3. An investigation, as may be appropriate, shall fellow a filing of a complaint. The investigation will be conducted bu George Schum. 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 of Sebastia'n need not process'complaints from,applicants for employment. 4. A written determination as to the validity of the complaint and description of resol.ution, if any, shall be issued by George Schum and a,copy forwarded to the complainant no later than sixty (60) days after its .filing. 5. The Section 504 coordinator shall maintain the files and records of the City of Sebastian relating to the complaints filed. 6. The complainant can 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 .(lO) days to Mayor Ji'm Gallagher. 7. 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 th~ 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. -8. These rules shall be construed to protect the substantive ri~ghts of interested persons, to meet appropriate due Process standards and to assure that the City of Sebastian complies with Section 504 and the ORS regulations. Exhibit "A"