HomeMy Public PortalAboutResolution No. 002-85 01-07-1985 RESOLUTION N0. 2-85
A Resolution Of The City Of The City Of Richland Hills,
• Texas Adopting Section 504 Grievance Procedure Required
Under Revenue Sharing Regulations (31 C.F.R. 51-55 (d)
(2)); Finding And Determining That The Meeting At Which
This Resolution Is Passed Is Open To The Public As
Required By Law
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
Section 1. That the City of Richland Hills has adopted an internal
prose ure 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 indivi-
dual shall, solely by reason or handicap, be excluded from the parti-
cipation in, be denied the benefit of, or be subjected to discrimina-
tion under any program or activity receiving federal financial assis-
tance."
Section 2. That complaints shall be addressed to the City Administra-
tor, City of Richland Hills, who has been designated to coordinate
Section 504 compliance efforts, as specified below:
1. A complaint shall be filed in writing or verbally, shall contain
• the name and address of the person filing such complaint, and shall
briefly describe the alleged violation of the regulations.
2. A complaint shall be filed within fifteen (15) days after the com-
plainant becomes aware of the alleged violation. (Processing of alle-
gations of discrimination occurring before this grievance procedure
was in place shall 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 the City Attorney.
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 des-
cription of resolution, if any, shall be issued by the City Administrator
and copy forwarded to the complainant no later than thirty (30) days after
the complaint was filed.
5. The Section 504 coordinator shall maintain the files and records of
the City of Richland Hills relating to the complaints filed.
6. A complainant may request a reconsideration of the case by submitting
such request for reconsideration to the City Attorney within ten (10) days
of the date of the determination.
• 7. The rights 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 prerequisite to the pursuit of other
remedies.
Res. No. 2-85
Page 2
• 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 Richland Hills complies with Section 504
and the ORS Regulations.
Section 3. That it is hereby officially found and determined that the
meeting at which this resolution is passed is open to the public as re-
quired by law and that public notice of the time, place, and purpose
of said meeting was given as required.
PASSED AND APPROVED THIS THE 7th DAY OF JANUARY 1985.
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AT-TEST: Approved as to form and legality
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City Secretary City torney
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