[HISTORY: Adopted by the Board of Trustees of the Village of Cedarhurst 9-10-1984. Amendments noted where applicable.]
The procedures set forth hereunder shall be used to meet the requirements of of 31 CFR 51.55(d)(2), Federal Revenue Sharing Regulations.
The Village of Cedarhurst hereby adopts an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Office of Revenue Sharing (ORS) regulations (31 CFR 51.55(d)(2) implementing § 504 of the Rehabilitation Act of 1983 as amended (29 U.S.C. 794). Section 504 states, in part, that "no otherwise qualified handicapped individual — shall 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."
Complaints should be addressed to the Village of Cedarhurst, 200 Cedarhurst Avenue, Cedarhurst New York 11516, Attention: Clerk-Treasurer, who has been designated to coordinate § 504 compliance efforts.
A complaint should be filed, in writing or verbally, and contain the name and address of the person filing it and briefly describe the alleged violation of the regulations.
A complaint should be filed within 30 days after the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination occurring before this grievance procedure is in place will be considered on a case-by-case basis).
An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation will be conducted at the Village Hall. These rules contemplate informal but thorough investigations affording all interested persons and their representatives, if any, an opportunity to submit evidence relative to a complaint. Under 31 CFR 51.55(d)(2), the Village of Cedarhurst need not process complaints for admissions to postsecondary educational institutions.
A written determination as to the validity of the complaint and description of resolution, if any, shall be issued by the Deputy Village Clerk and a copy forwarded to the complainant no later than 30 days after its filing.
The § 504 coordinator shall maintain the files and records of the Village of Cedarhurst relating to the complaints filed.
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 30 days to the Clerk-Treasurer, who is designated the officer responsible for handling appeals.
The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuance of other remedies, such as the filing of a § 504 complaint with the Office of Revenue Sharing, United States Department of the Treasury. Utilization of this grievance is not a prerequisite to the pursuit of other review.
These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and to assure that the Village of Cedarhurst complies with § 504 of the ORS regulation.