[HISTORY: Adopted by the Board of Trustees of the Village of Hamburg
10-1-1984. Amendments noted where applicable.]
The procedures set forth hereunder shall meet the requirements of Section
51.55(d) of 31 CFR (Federal Revenue Sharing Regulations).
The Village of Hamburg hereby adopts an internal grievance procedure
providing for prompt and equitable resolution of complaints alleging any action
prohibited by the Office of Revenue Sharings (ORS) regulations [31 CFR 51.55(d)(2)]
implementing Section 504 of the Rehabilitation Act of 1983 as amended (29
U.S.C. 794). Section 504 states, in part, that "no otherwise qualified handicapped
individual... shall soley by reason of his handicap, be excluded from the
participation in, be denied of, or be subjected to discrimination under any
program or activity receiving federal financial assistance...."
Complaints should be addressed to the Village of Hamburg Clerk-Treasurer,
100 Main Street, Hamburg, NY, 14075, 649-0200, who has been designated to
coordinate Section 504 compliance efforts.
A.
A complaint should be filed in writing or verbally, contain
the name and address of the person filing it and briefly describe the alleged
violation of regulations.
B.
A complaint should be filed within 30 days after the
complainant becomes aware of the alleged violation. (Processing of allegations
of discrimination occurring before this grievance procedure is in place will
be considered on a case-by-case basis).
C.
An investigation, as may be appropriate, shall follow
a filing of a complaint. The investigation will be conducted by the Clerk-Treasurer.
These rules contemplate informal but thorough investigations, affording all
interested persons and their representatives, if any, an opportunity to submit
evidence relative to a complaint. Under 31 CFR 51.55(d)(2), the Village of
Hamburg need not process complaints for admission to post-secondary educational
institutions.
D.
A written determination as to the validity of the complaint
and description of resolution, if any, shall be issued by the Clerk-Treasurer
and a copy forwarded to the complainant no later than 30 days after its filing.
E.
The Section 504 coordinator shall maintain the files
and the records of the Village of Hamburg relating to the complaints filed.
F.
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 30 days to the Village Attorney,
who is designated the officer responsible for handling appeals.
G.
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 Office
of Revenue Sharing, United States Department of the Treasury. Utilization
of this grievance procedure is not a prerequisite to the pursuit of other
remedies.
H.
These rules shall be construed to protect the substantive
rights of interested persons, to met appropriate due process standards and
to assure that the Village of Hamburg complies with Section 504 and the ORS
regulations.
