HomeMy WebLinkAboutRes1984-117
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 84-117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, ADOPTING A HANDICAP ACCESS GRIEVANCE
PROCEDURE AND APPOINTING A COMPLIANCE COORDINATOR FOR THE
GENERAL REVENUE SHARING PROGRAM
WHEREAS, the Federal Office of Revenue Sharing has issued
handicapped discrimination regulations; and
WHEREAS, these regulations require all cities receiving more
than $25,000 annually in Federal Revenue Sharing funds to designate a
"responsible employee" to coordinate compliance with the regulations;
and
WHEREAS, these regulations further require all cities receiv-
ing more than $25,000 annually in Federal Revenue Sharing funds to adopt
a handicap access grievance procedure;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1.
hereby designated as
Seward's efforts to
regulations.
Darryl Schaefermeyer, Assistant City Manager, is
the responsible employee to coordinate the City of
comply with the Federal Revenue Sharing handicap
Section 2. The Section 504 Grievance Procedure attached to
this resolution is hereby adopted.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, this 8th day of October , 19 84
THE CITY OF SEWARD, ALASKA
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AYES:
NOES:
ABSENT:
ABSTAIN:
CRIPPS, GILLESPIE, HILTON, MEEHAN, SIMUTIS, WILLIAMS, WILSON
NONE
NONE
NONE
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CITY OF SEWARD, ALASKA
RESOLUTION NO. .84- 11 7
ATTEST:
(City Seal)
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APPROVED AS TO FORM:
HUGHES, THORSNESS, GANTZ, POWELL
AND BRUNDIN, Attorneys for the
City of Seward, Alaska
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Fred B. Arvidson, City Attorney
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SECTION 504 GRIEVANCE PROCEDURE
The City of Seward 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 [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 handi-
cap, 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: Darryl Schaefermeyer, Assistant City
Manager, P.O. Box 167, Seward, Alaska 99664,224-3331, who has been des-
ignated 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 com-
plainant 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.)
3. An investigation, as may be appropriate, shall follow a filing of
a complaint. The investigation will be conducted by Darryl Schaefermeyer.
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 Seward need not process complaints from applicants for employment or
from applicants for admission to post-secondary educational institutions.
4. A written determination as to the validity of the complaint and
description of resolution, if any, shall be issued by Darryl Schaefermeyer
and a copy forwarded to the complainant no later than thirty (30) days after
its filing.
5. The Section 504 coordinator shall maintain the files and records
of the City of Seward 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 (10) days to Ronald A.
Garzini, City Manager, P.O. Box 167, Seward, Alaska 99664, 224-3331.
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 the Office
of Revenue Sharing, U.S. Department of the Treasury. Utilization of this
procedure is not a prerequisite to the pursuit of other remedies.
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8. 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 of Seward complies with Section 504 and the ORS regu-
lations.