[CC 1976 §18-64; Ord. No. 91-45 §§1 — 3, 9-9-1991]
A. The
City of Overland does not discriminate on the basis of handicapped
status in the admission or access to employment or municipal programs
or activities.
B. The
following grievance procedure is established for those person(s) wishing
to file complaints of alleged violations of Section 504 of the Rehabilitation
Act of 1973 by the City.
1. Complaints alleging any action prohibited by Section 504 of the Rehabilitation
Act of 1973 must be filed within one hundred eighty (180) days of
the alleged discrimination. In any case where the alleged violation
of the act may constitute a violation of any other provision of law,
applicable regulation or agreement, nothing in this Section shall
preclude an individual or organization from filing a complaint or
grievance based upon such law, regulation, or agreement as well as
a complaint or grievance under Section 504. Assistance in filing complaints
may be obtained by contacting the City Clerk.
2. Persons alleging violations of Section 504 may file a written complaint
or grievance, if informal attempts to request relief are not effective.
Complaints or grievances will be investigated and a written determination
will be forwarded to the grievant within five (5) working days of
filing. This notification will include notice to the grievant of his/her
right to request an impartial hearing with the Human Rights Commission
(HRC) and the Municipal Attorney and an explanation of the hearing
procedure. This notice will be mailed by "Certified Mail, Return Receipt
Requested". Further efforts at informal resolution may be made by
the grievant and/or the City.
3. If the written determination is not satisfactory to the grievant,
grievant may request an impartial hearing by writing to the chairperson
of the HRC within four (4) working days of receipt of the written
determination. The parties to the grievance shall be notified by the
City of the hearing date at least five (5) working days before the
hearing. The hearing will be conducted by the Municipal Attorney within
thirty (30) working days after the complaint is filed. The chairperson
of the HRC may designate one (1) of the members of the HRC to act
as hearing officer. The hearing officer shall provide the HRC of the
municipality with a written decision within ten (10) working days
after the date of the hearing.
4. The City Council shall review the decision of the hearing officer
and may adopt, refuse to adopt or modify the same. The City Clerk
shall furnish a copy of the hearing officer's decision and written
notification of the action taken by the City Council to the grievant
within sixty (60) working days of the filing of the grievance. The
decision will be mailed by "Certified Mail, Return Receipt Requested".
The grievant will also be advised of his/her right to file a request
for review with the Department of Housing and Urban Development, Fair
Housing and Equal Opportunity Division, 1222 Spruce Street, St. Louis,
MO 63103-2836, ATTN: Mr. Roy Pierce.
C. Nothing
in this Section is intended to be nor shall it be construed to abrogate
or to in anyway modify the power of the Mayor and the City Council
to terminate the employment of any City employee at will as granted
to the Mayor and City Council by the Statutes of the State of Missouri.