RESO 2003-10 - Establish Section 504 disability grievance procedures & designate Mark Leonard as coordinatorRESOLUTION 2003 -10
WHEREAS, it is hereby declared that the City of Huntsville establish local Section 504
Grievance Procedures; and
WHEREAS, it is further declared that establishment of such procedures requires the
designation of a Coordinator; and
WHEREAS, it is the intent of the City of Huntsville to investigate complaints alleging
discrimination by reason of disability;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF HUNTSVILLE, TEXAS:
1. That the City adopt the attached Section 504 Grievance Procedures;
2. That the City designate Mark Leonard as the City's Section 504 Coordinator;
3. That the City direct the Coordinator to receive and to investigate complaints alleging
discrimination by reason of disability;
PASSED AND APPROVED this the 20th day of May, 2003.
APPROVED AS TO FORM:
Paul C. Isham, City Attorney
ATTEST:
Danna Welter, City Secretary
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Karl Davidson, Mayor
Section 504 Grievance Procedure
The City of Huntsville has adopted an internal grievance procedure providing for prompt
and equitable resolution of complaints alleging any action prohibited by Section 504 of
the Rehabilitation Act of 1973, as amended (24 C.F.R. Part 8). Section 504 states, in
part, that "no otherwise qualified handicapped individual ... shall, solely by reason of his
handicap, 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 ...."
The City of Huntsville has designated a Coordinator for Section 504 compliance efforts.
Complaints should be addressed to:
Mark Leonard
City of Huntsville
1212 Avenue M
Huntsville, TX 77340 -4608
Ph. (936) 294 -5781
Fax (936) 294 -5795
1. A complaint should be filed in writing or verbally, contain the name and address of
the person filling it, and briefly describe the alleged violation of the regulations.
2. A complaint should be filed within ten (10) working days after the complainant
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. 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.
4. A written determination as to the validity of the complaint and description of
resolution, if any, shall be issued by and a copy forwarded to the complainant no
later than ten (10) working days after its filing.
5. The S ection 504 C oordinator s hall m aintain t he f iles a nd r ecords o f t he C ity of
Huntsville 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) working days .
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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 grievance 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
Huntsville complies with Section 504 and ORS regulations.