Chapter 2.66
HANDICAPPED COMPLIANCE AND GRIEVANCE PROCEDURE

Sections:

2.66.010    Grievance procedure.

2.66.020    Complaint.

2.66.030    Complaint filing.

2.66.040    Investigation.

2.66.050    Determination.

2.66.060    Records.

2.66.070    Reconsideration.

2.66.080    Other procedures.

2.66.090    Construction.

2.66.010 Grievance procedure.

A.    City of Battle Ground has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Office of Revenue Sharing’s (ORS) regulations (31 CFR 51.55(d)(2)) implementing Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794). Section 504 states, in part, that “no otherwise qualified handicapped individual . . . all, 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 . . .”

B.    Complaints should be addressed to: City of Battle Ground, City Clerk, City Hall, P.O. Box 37, Battle Ground, Washington 98604, who has been designated to coordinate Section 504 compliance efforts. (Ord. 518 § 2, 1984)

2.66.020 Complaint.

A 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. (Ord. 518 § 3, 1984)

2.66.030 Complaint filing.

A complaint should be filed within twenty 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.) (Ord. 518 § 4, 1984)

2.66.040 Investigation.

An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation will be conducted by the city clerk of the city of Battle Ground, with assistance as necessary of the city attorney, and city police department. 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 CFR 51.55(d)(2), the city of Battle Ground need not process complaints from applicants for employment or from applicants for admission to post-secondary educational institutions. (Ord. 518 § 5, 1984)

2.66.050 Determination.

A written determination as to the validity of the complaint and description of resolution, if any, shall be issued by the city clerk and a copy forwarded to the complainant no later than sixty days after its filing. (Ord. 518 § 6, 1984)

2.66.060 Records.

The Section 504 coordinator shall maintain the files and records of the city of Battle Ground relating to the complaints filed. (Ord. 518 § 7, 1984)

2.66.070 Reconsideration.

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 days to the city clerk of the city of Battle Ground. The reconsideration shall be heard by the city counsel of the city of Battle Ground within fifteen days of the filing of the request. (Ord. 518 § 8, 1984)

2.66.080 Other procedures.

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 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. (Ord. 518 § 9, 1984)

2.66.090 Construction.

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 Battle Ground complies with Section 504 and the ORS regulations. (Ord. 518 § 10, 1984)