Resolution No. 84-84 CITY OF TIGARD, OREGON
RESOLUTION NO. 84—_�j_
A RESOLUTION ADOPTING FEDERAL REVENUE SHARING GRIEVANCE PROCEDURES.
WHEREAS, the City of Tigard receives Federal Revenue Sharing Funds in excess
of $25,000; and
WHEREAS, Federal Revenue Sharing Handicapped regulations, 31 C.F.R.
51.55(d)(2) require the City of Tigard to adopt a grievance procedure
providing for prompt and equitable resolution of complaints alleging
handicapped discrimination by any member of the community (general public or
employees); and
WHEREAS, the City of Tigard wishes to adoptsuch a grievance procedure to
ensure prompt and equitable review of complaints.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
The City Council adopts the grievance procedure attached as "Exhibit A".
PASSED: This /--)7-"'_ day of �P F f 2984,
(Mayor — City of Tigard
ATTEST:
Deputy City Recorder — City of Tigard
(AQ:pm/0702F)
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RESOLUTION NO.
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"EXHIBIT A"
GRIEVANCE PROCESS
The City of Tigard has adopted an internal grievance procedure providing for
the prompt and equitable resolution of complaints alleging any action
prohibited by the Office of Revenue Sharing's regulations (31 C.F.R.
51.55(4)(2) implementing Section 504 of the Rehabilitation At 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 their 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...".
Any complaint shall be addressed to: City Administrator, City of Tigard, P.O.
Box 23397, Tigard, OR 97223, phone 639-4171.
1. A complaint should be filed in writing, contain the name and address of
the person filing it, and briefly describe the alleged violation of the
regulation. A complaint may be filed verbally with the City Administrator
and shall include the same information as a written complaint.
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 shall be conducted by the City
Administrator. 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 Tigard need not
process complaints from applicants for employment or from applicants for
admission to post-secondary education institutions.
4. A written determination as to the validity of the complaint and
description of resolution, if any, shall be issued by the City
Administrator and a copy forwarded by certified mail to the complainant no
later than fifteen (1.5) working days after its filing.
5. The Section 504 coordinator shall maintain the files and records of the
City of Tigard 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 filed with the City Administrator within 10
working days of the date of the mailing of the decision. The request for
reconsideration shall state the errors in the decision on which the
request is based.
7. The right of a person to a prompt and equitable resolution of the
� o•^^hint 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 Tigard complies with Section 504 of the ORS
regulations.
(AS:pm10702F)
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