[HISTORY: Adopted by the Common Council of the City of Amsterdam as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-4-2015 by Res. No. 15/16-93]
Section 504 of the Rehabilitation Act of 1973 (the Act), as amended, prohibits discrimination on the basis of disability in programs and activities conducted by HUD or that receive financial assistance from HUD. This includes the New York State Community Development Block Grant Disaster Recovery (CDBG-DR) Program funded by HUD, administered by the Governor's Office of Storm Recovery (GOSR), and under which the City of Amsterdam has received financial assistance. The Act specifically provides that no qualified individual shall, solely by reason of his or her handicap, be excluded from program participation, including employment, be denied program benefits or be subjected to discrimination. The Americans with Disabilities Act of 1990 (ADA) established provisions for assuring equality of opportunity, full participation, independent living, and self-sufficiency of disabled persons relative to employment, benefits and services, accommodations, commercial facilities, and multifamily housing.
Part 8 of Title 24 of the Code of Federal Regulations (24 CFR) requires the adoption and notice/publication of ADA grievance procedures for municipalities with 15 or more employees, Section 8.53 and 8.54 respectively. Therefore, be it known that it is the policy of the City of Amsterdam not to discriminate on the basis of disability. Toward that end, the City of Amsterdam has adopted by resolution and internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) of the United States Department of Health and Human Services regulations implementing the Act. The subject law and implementation regulations may be examined in the Employee Relations Office. The Employee Relations Officer for the City of Amsterdam has been designated to coordinate the efforts of the City of Amsterdam with respect to Section 504 compliance. The Employee Relations Officer is located at 61 Church Street, Amsterdam, NY 12010 and can be reached at (518) 841-4308. This information can also be accessed on the Internet at the following address: http://portal.hud.gov/hudportal/HUD?scr=/program,_offices/fair_housing_equal_opp/ disabilities/section504.
Any person who believes he or she has been subjected to discrimination on the basis of disability may file a grievance under the procedure adopted by the City of Amsterdam outlined below:
Grievances must be submitted to the Section 504 Coordinator within 60 days of the date of the person filing the grievance becomes aware of the alleged discriminatory action.
A complaint must be in writing containing the name and address of the person filing it. The complaint must state the problem or action alleged to be discriminatory and the remedy or relief sought.
The Section 504 Coordinator (or her/his designee) shall conduct an investigation of the complaint. This investigation may be informal, but it must be thorough, affording all interested persons an opportunity to submit evidence relevant to the complaint. The Section 504 Coordinator will maintain the files and records for the City of Amsterdam relating to such grievance.
The 504 Coordinator will issue a written decision on the grievance no later than 30 days after its filing.
The person filing the grievance may appeal the decision of the Section 504 Coordinator by writing to the City of Amsterdam within 15 days of receiving the Section 504 Coordinator's decision. The City of Amsterdam shall issue a written decision in response to the appeal no later than 30 days after its filing.
The availability and use of this grievance procedure does not prevent a person from filing a complaint of discrimination on the basis of disability with the United States Department of Health and Human Services, Office for Civil Rights.
The City of Amsterdam will make appropriate arrangements to ensure that disabled persons are provided accommodations, if needed, to participate in this grievance process. Such arrangements may include, but are not limited to, providing interpreters for the deaf, providing taped cassettes of material for the blind or assuring barrier-free location for the proceedings. The Section 504 Coordinator will be responsible for such arrangements.
It is against the law for the City of Amsterdam to retaliate against anyone who files a grievance or cooperates in the investigation of a grievance.
[Adopted 11-4-2015 by Res. No. 15/16-94]
The City of Amsterdam has adopted the following affirmative action plan to meet the Equal Employment Opportunity (EEO) requirements of Executive Order 11246 and the program policies of the New York State Community Development Block Grant-Disaster Recovery (CDBG-DR) Program. Executive Order 11246 prohibits federal contractors and subcontractors from engaging in workplace employment discrimination on the basis of age, race, color, religion, gender, creed, national origin, physical or mental disability, material status, veteran status, disabled veteran status, or status as a member of any other protected group or activity.
The City of Amsterdam is committed to equal employment opportunity and as part of its Affirmative Action Plan shall:
Recruit, hire, upgrade, train and promote in all job classifications, without regard to age, race, color, religion, gender, creed, national origin, physical or mental disability, marital status, veteran status, disabled veteran status, or status as a member of any other protected group or activity;
Base employment decisions on the principles of equal employment opportunity, and with the intent to further the City of Amsterdam's commitment to affirmative action;
Ensure that all terms and conditions of employment such as compensation, benefits, layoff, return from layoff, training, educational tuition assistance, and social and recreation programs, shall be administered without regard to age, race, color, religion, gender, creed, national origin, physical or mental disability, marital status, veteran status, disabled veteran status, or status as a member of any other protected group or activity;
Ensure that promotion decisions will be made in accordance with the principles of affirmative action by imposing only valid requirements for promotion opportunities;
Take action to prevent harassment or intimidation of all employees, particularly those encompassed by the City of Amsterdam affirmative action efforts.