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Home My WebLink AboutR-2012-051 Policy for Non-Discrimination and Grievance - CDBG RESOLUTION NO. R-2012-051 A RESOLUTION ESTABLISHING A POLICY FOR NON-DISCRIMINATION ON THE BASIS OF DISABILITY AND THE GRIEVANCE PROCEDURE. WHEREAS, the Congress of the United States passed the Rehabilitation Act of 1973, which under Section 504 requires that "no otherwise qualified individual with a disability... shall, solely on the basis of his or her disability, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program, services, or activities receiving Federal assistance"; WHEREAS, the City of Riverside has been the recipient of federal funds, including but not limited to a Community Development Block Grant from the Missouri Department of Economic Development, and is required to comply with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) in accordance with program guidelines; WHEREAS, the City of Riverside further desires to adopt an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the ADA and by the U.S. Department of Housing and Urban Development regulations implementing Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 894); WHEREAS, the Board of Aldermen find it is in the best interest of the City to adopt the policy and grievance procedures contained herein related to non-discrimination to ensure that all programs and activities of the City shall be accessible to all persons; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMAN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: THAT it is the policy of the City of Riverside that all programs and activities shall be accessible to, and usable by, qualified persons with disabilities, in accordance with the requirements of Section 504 and the ADA. FURTHER THAT the City shall post this resolution and, through such publicity, shall cause those affected to become aware of their respective responsibilities and rights under Section 504, the ADA and any other applicable state and local laws. FURTHER THAT the City's publicity, for the purpose of informing those afFected of their respective responsibilities and rights concerning discrimination and complaint procedures, will at a minimum include: 1. The printing, posting and distribution of this resolution; 2. The distribution of posters, flyers, pamphlets and/or other non-discrimination information provided by local, state and federal sources, through local media or community contacts; and 3. The publicizing of locations where assistance will be provided to those seeking to file a discrimination complaint. FURTHER THAT the City Administrator, or designee, is hereby designated as the Equal Employment Officer for the City. Citizens may contact the Equal Employment Officer at 2950 NW Vivion Road, Riverside, MO 64150, 816-741-3993 for assistance, or to answer questions regarding this policy between the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. _. ...,� RESOLUTION NO. R-2012-051 FURTHER THAT The Cify of Riverside hereby adopts the following grievance procedure providing for the prompt and equitable resolution of complaints alleging any action prohibited by the Americans With Disabilities Act (ADA) and the regulations impiementing Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794). Complaints should be addressed to the Equal Employment Officer at 2950 NW Vivion Road, Riverside, MO 64150, 81-741-3993, who has been designated to coordinate Section 504 JADA compliance efforts. 1. 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. 2. A camplaint should be filed within 15 days after the comp(aint becomes aware of the alleged violation. (Processing allegations of discrimination that occurred before this grievance procedure will be considered on a case-by-case basis.) 3. An investigation, as may be appropriate, will follow a filing of a complaint. The City Administrator will conduct the investigation. These rules contemplate formal but thorough investigations, affording all interested persons and their representative, if any, an opportunity to submit evidence relevant to a complaint. 4. Written determination as to the validity of the complaint and a description of the resolution, if any, will be issued by the City Administrator and a copy forwarded to the complainant no later than 30 days after its filing. 5. The Section 504 /ADA coordinator will maintain the files and records of the City of Riverside 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 15 days to the Mayor of the City of Riverside. 7. The right of a person to a prompt and equitable resolution of the filed complaint will not be impaired by the person's pursuit of other remedies such as filing of a Section 504 or ADA complaint with the responsible federal department or agency. Using this grievance procedure is not a prerequisite to the pursuit of other remedies. 8. These rules will be construed to protect the substantive rights of interested persons, meet appropriate process standards and assure that the City of Riverside complies with the ADA, Section 504 and their implementing regulations. PASSED /,1ND ADOPTED by the Board of Alderrt�en and APPROVED by the Mayor of the City qf Riverside, Missouri, the � day of , 2012. � , - � . ` � ArTEST: . Ka hleen L. Rose, Mayor . .� . ,-� °=�'So �==_ . r 'f.� . � .��p: Robin Littrell, City Clerk Approv "s to Form: ;'"%%% n o son, i y Attorney CITY OF .f-- RIVERSI F� ��., � ��,:w��.� Upstream fram ardinnry. 2950 NW Vivion Road Riverside, Missouri 64150 MEMO DATE: April 13, 2012 AGENDA DATE: April 17, 2012 TO: Mayor and Board of Aldermen FROM: Nancy Thompson, City Attorney RE: Affirmative Action Plan Policy Non-Discrimination Policy and Grievance Procedure BACKGROUND: The City has been the recipient of federal funds through the Community Development Block Grant (CDBG) Fund Program. A condition of the receipt of federal grant funding is the agreement to adopt and comply with various policies and procedures implemented by the federal government when engaged in the administration and expenditure of such funds. With regard to CDBG funding, an affirmative action plan, non-discrimination policy and grievance procedure are required. The source of these requirements is known as Executive Order I I 246. Order I 1246 was issued in 1965 by President Johnson and prohibits employment discrimination based on race, color, religion, and national origin by those organizations receiving federal contracts and subcontracts, The Order was amended in 1967 to include discrimination based on sex. Resolution R-2012-051 formally establishes an anti-discrimination policy within the City to comply with the federal guidelines. R-2012-051 also establishes a grievance procedure to address complaints, which is required under the Executive Order. In addition, Order I! 246 requires placement goals for women and minorities and mandates federal contractors take affirmative action to promote the full realization of equal opportunity for women and minorities. In order to be eligible for CDBG funding, the City is required to adopt a policy to ensure minorities are notified of opportunities within the City under any contract utilizing federal funds. Resolution R-2012-047 establishes an affirmative action program to be utilized on any project where federal funds are utilized. On construction contracts, the requirements in R-2012-047 are mirrored in the contract documents to ensure contractor compliance with the federal requirements. If you have any questions or concerns, do not hesitate to contact me prior to the meeting.