[Res. No. 11-84, passed 9-4-1984]
The Township adopts an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by federal revenue sharing regulations 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 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: Secretary-Manager, Compliance Coordinator, P.O. Box 466, Glenwillard, PA 15046, phone 457-8100, who has been designated to coordinate Section 504 compliance efforts.
A complaint shall be filed in writing, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations.
A complaint shall be filed within five days after the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination which occurred before this grievance procedure was 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 shall be conducted by the Secretary-Manager. 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.
Written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the Secretary-Manager and a copy forwarded to the complainant no later than 20 days after its filing.
The Section 504 Coordinator shall maintain the files and records of the Township of Crescent 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 10 days to the Grievance Officer. A hearing will be held by the Grievance Committee, within 10 days after receipt of the request for reconsideration.
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 the filing of a Section 504 complaint with the responsible federal department or agency. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies.
These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards, and to assure that Crescent Township complies with Section 504 and implementing regulations.