HomeMy WebLinkAboutPolicy - Grievance Policy (Section 504 - Procedure for filing complaints)Town of Cortlandville
Section 504 Grievance Policy
Procedure for Filing Complaints
BACKGROUND: Section 504 of the Rehabilitation Act of 1973 ( the "Act") as
amended, prohibits discrimination on the basis of disability in programs and activities
conducted by the U.S. Department of Housing and Urban Development (HUD) or that
receive financial assistance from HUD. This includes the 'New York State Community
Development Block Grant Program (CDBG) funded by HUD, and under which the Town of
Cortlandville has received financial assistance. The Act specifically provides that no
qualified individual shall, solely by reason of his or her handicap, be excluded from
program participation, including employment, be denied program benefits, or be subjected
to discrimination: The Americans with Disabilities, Act of 1990 (ADA) establishes
provisions for assuring equality of opportunity, full participation, independent living and
self-sufficiency of disabled persons relative to employment, benefits and services,
accommodations, commercial facilities and multi -family housing.
SECTION 504 POLICY/COMPLIANCE: Part 8, of Title 24 of the Code of Federal
Regulations . (24CFR) requires the adoption and notice/publication of ADA grievance
procedures for municipalities with 15 or more employees, Sections 8.53 and 8.54,
respectively. Therefore, be it known that it is the policy of the Town of Cortlandville not to
discriminate on the basis of disability. Towards that end, the Town of Cortlandville has
adopted by resolution 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 (29 U.S.C. 794) of the U.S. Department of Health and Human Services
regulations implementing the Act. The subject law and implementing regulations may be
examined in the Town Clerk's Office at the Raymond G. Thorpe Municipal Building, 3577
Terrace Road, Cortland, New York. The Town Fair Housing Officer for the Town of
Cortlandville has been designated to coordinate the efforts of the Town of Cortlandville
with respect to Section 504 compliance. This information can also be accessed on the
World-wide Web at the following address: http://www.cortlandville.org. The Town Fair
Housing Officer is located at the Raymond G. Thorpe Municipal Building, 3577 Terrace
Road, Cortland, New York. The Section 504 Coordinator can be reached by phone at (607)
756-6091.
GRIEVANCE PROCEDURE: Any person who believes he or she has been subjected
to discrimination on the basis of disability may file a grievance under the procedure
adopted by the Town of Cortlandville outlined below.
Grievances must be submitted to the Section 504 Coordinator within 60 days
of the date the person filing the grievance becomes aware of the alleged
discriminatory action.
A complaint must be in writing, containing the name and address of the
person filing it. The complaint must state the problem or action alleged to be
discriminatory and the remedy or relief sought.
The Section 504 Coordinator (or her/his designee) shall conduct an
investigation of the complaint. This investigation may be informal, but it
must be thorough, affording all interested persons an opportunity to submit
evidence relevant to the complaint. The Section 504 Coordinator will
maintain the files and records of the Town of Cortlandville relating to such
grievances.
The Section 504 Coordinator will issue a written decision on the grievance no
later than 30 days after its filing.
The person filing the grievance may appeal the decision of the Section 504
Coordinator by writing to the Town Board within 15 days of receiving the
Section 504 Coordinator's decision. The Town Board shall issue a written
decision in response to the appeal no later than 30 days after its filing.
The availability and use of this grievance procedure does not prevent a
person from filing a complaint of discrimination on the basis of disability
with the U.S. Department of Health and Human Services, Office for Civil
Rights.
The Town of Cortlandville will make appropriate arrangements to ensure
that disabled persons are provided accommodations, if needed, to participate in this
grievance process. Such arrangements may include, but are not limited to, providing
interpreters for the deaf, providing taped cassettes of material for the blind, or
assuring a barrier -free location for the proceedings. The Section 504 Coordinator
will be responsible for such arrangements.
It is against the law for the Town of Cortlandville to retaliate against anyone
who files a grievance or cooperates in the investigation of a grievance.
ADOPTED: Town Board Meeting - Mav 2. 2012