The city hereby adopts the following internal grievance procedure in order to provide for prompt and equitable resolution of complaints alleging discrimination against the handicapped in violation of regulations adopted by the federal office of revenue sharing (31 C.F.R. 51.55 (d)(2)), implementing Section 504 of the Rehabilitation Act of 1973, as amended. Complaints should be addressed to: City Clerk, City of Russell, 133 West 8th Street, Russell, Kansas 67665; 483-6311, who has been designated to coordinate the efforts of the city to comply with the ORS handicapped discrimination requirements.

(Ord. 1451, Sec. 1)

The grievance procedure is as follows:

(a)   A complaint should be filed in writing or verbally, containing the name and address of the person filing it, and briefly describe the alleged violation of the regulations.

(b)   A complaint should be filed within three days after the complainant becomes aware of the alleged violation.

(c)   An investigation, as may be appropriate, shall follow filing of a complaint. The investigation will be conducted by the public works director. 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. Under applicable ORS regulations this grievance procedure is not required to be made available to applicants for employment.

(d)   A written determination as to the validity of the complaint and description of its resolution, if any, shall be issued by the city clerk and a copy shall be forwarded to the complainant no later than 10 days after its filing.

(e)   The handicapped discrimination coordinator shall maintain all files and records of each and every complaint filed under this procedure.

(f)   The complainant can request a reconsideration of the case in instances in which he or she is dissatisfied with the resolution. The request for reconsideration shall be made in writing within five days to the city manager.

(g)   The right of a person to a prompt and equitable resolution of any complaint filed hereunder shall not be affected by the person’s election to pursue other remedies that may be available under federal, state or local law.

(h)   These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and to assure that the city complies with the office of revenue sharing regulations (31 C.F.R. 51.66 (d)(2)).

(Ord. 1451, Sec 2)