[HISTORY: Adopted by the Fiscal Court of Henderson County
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-5-1984 by Ord. No. 48 (Ch. 33 of the 1993 Code)]
The procedures explained in this article shall be the grievance
procedures for anyone who believes he or she has been discriminated
against by the County of Henderson, Kentucky, based on disability
status with respect to federally funded programs.
The administration of these procedures and related federal and
state regulations shall be the responsibility of the County Judge/Executive.
These procedures may be amended by ordinance to comply with
court directives or additional federal and state regulations.
A.
Any person (employee or citizen) who believes that he or she has
been subjected to discrimination as prohibited by the Federal Revenue
Sharing program regulations and Section 504 of the Rehabilitation
Act of 1973 may personally or by a representative file a complaint
with the Office of the County Judge/Executive of the County of Henderson,
Kentucky. A person who has not personally been subjected to discrimination
may also file a complaint.
B.
Any person (citizen, applicant, or employee) who believes he or she
has been adversely affected by an act or decision by the County of
Henderson, and that such act or decision was based on disability status,
shall have the right to process a complaint or grievance in accordance
with the following procedure.
(1)
Step One. An aggrieved person must submit a written statement to
the County Judge/Executive setting forth the nature of the discrimination
alleged and facts upon which the allegation is based.
(2)
Step Two.
(a)
The County Judge/Executive shall contact the complainant no
later than 15 days after receiving the written statement to establish
an informal meeting with the objective of resolving the matter informally.
However, in no case shall the informal meeting be conducted sooner
than five days nor more than 45 days after receiving the written statement.
(b)
There shall be prepared a written documentary of the discussions
at the informal meeting, which shall be preserved in the records of
the County of Henderson, Kentucky.
(3)
Step Three. Within 15 days of the informal meeting, if no decision
has been made by the County Judge/Executive or the decision of the
County Judge/Executive does not satisfy the complainant, he or she
may request a hearing with the Fiscal Court by submitting a written
request to the County Judge/Executive.
(4)
Step Four.
(a)
In thus discussing the grievance, the complainant may designate
any person of his or her choice to appear with him or her and participate
in the discussion. The Fiscal Court shall require the County Judge/Executive
to participate in the discussion of the grievance when it is brought
before the Fiscal Court. The Fiscal Court shall issue a written decision
on the matter within 15 days, and the decision shall be the final
procedure for the complainant at the local level.
(b)
There shall be prepared a written documentary of the discussion
at the hearing, which shall be preserved in the records of the County
of Henderson, Kentucky.
The grievance procedure set forth in § 17-4B above shall also apply to claims of discrimination in violation of the federal or state civil rights act, including discrimination based on race, color, religion, national origin, sex, age, familial status, or any class protected by federal, state or local law.
