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HomeMy WebLinkAboutRes1984-117 . . . . ~ 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 Q~~, AYES: NOES: ABSENT: ABSTAIN: CRIPPS, GILLESPIE, HILTON, MEEHAN, SIMUTIS, WILLIAMS, WILSON NONE NONE NONE -1- . . . . CITY OF SEWARD, ALASKA RESOLUTION NO. .84- 11 7 ATTEST: (City Seal) -2- . APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL AND BRUNDIN, Attorneys for the City of Seward, Alaska 7~LI7/ ~ Fred B. Arvidson, City Attorney . . . . . 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. . . . . . 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.