HomeMy WebLinkAbout42-84WHEREAS, the Federal government has issued regulations
implementing Section 504 of the Rehabilitation Act of 1973 (as
amended 29 U.S.C. 794), which states, in part, that
"no otherwise qualified handicapped individual
shall, solely by reason of his handicap, be excluded
from participation in, be denied the benefits of, or be
subjected to discrimination under any program or
activity receiving Federal financial assistance
and
RESOLUTION NO. c-1'2
A RESOLUTION of the City of Port Angeles
adopting and implementing a Grievance
Procedure for complaints alleging
discrimination on the basis of handicap.
WHEREAS, the City of Port Angeles desires to comply
with the Federal Handicapped Regulations to the fullest extent
reasonably possible; and
WHEREAS, part of compliance to new regulations requires
the City to adopt a Grievance Procedure for complaints alleging
discrimination on the basis of handicap;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PORT ANGELES that the following Grievance Procedure
is herewith adopted as policy for the City of Port Angeles:
Section 1. Complaints should be addressed to:
1 I
City of Port Angeles
Personnel Director
P. O. Box 1150
Port Angeles, WA 98362.
Section 2. The 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. A
second party may assist in preparing the complaint form if the
alleged aggrieved person is incapacitated.
Section 3. A complaint should be filed within thirty
ii violation, (Processing of allegations of discrimination which
(30) days after the complainant becomes aware of the alleged
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1
c? tion or appeal of the case in instances where he or she is dis-
it
satisfied with the original resolution. The request for recon-
sideration should be made within ten (10) days following the
mailing of the Personnel Director's original decision. Appeals
should be directed to the Port Angeles City Manager. The City
Manager shall issue a written decision on the appeal to the
1 complainant within twenty (20) days following receipt of the
cccurred before this Grievance Procedure was in place will be
considered on a cast -by -case basis.)
Section 4. An investigation, as may be appropriate,
shall follow the filing of a complaint. The investigation shall
be conducted by the Personnel Director. These Rules and Policy
contemplate informal but thorough investigations, affording all
interested persons and their representatives, if any, an
opportunity to submit evidence relative to a complaint. Under
Federal law, the City
for employment.
Section 5.
of the complaint and
need not process
complaints from applicants
A written determination as to the validity
a description of the resolution, if any,
shall be issued by the Personnel Director and a copy forwarded to
the complainant no later than thirty (30) days after its filing.
Section 6. The Personnel Director shall maintain the
files and records of the City of Port Angeles relating to com-
plaints filed.
Section 7. The complainant can request a reconsidera-
alleged aggrieved person's appeal.
Section 8. The right of a person to a prompt and
equitable resolution of the complaint filed hereunder shall not
be impaired hereunder by the person's pursuit of other remedies,
such as filing of a Section 504 complaint with the responsible
Federal department or agency. Utilization of this Grievance
Procedure is not a prerequisite to the pursuit of other remedies.
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Section 9. 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 Port
Angeles complies with Section 504 and implementing regulations.
PASSED BY THE City Council of the City of Port Angeles
at a regular meeting of said Council held on the 16th day of
October, 1984.
ATTEST:
T r n
�annoyc, City Clerk
APPROVED AS TO FORM:
Craig D.'Kutson, City Attorney