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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 D 17A -D24 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 . D17A -D26 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.