[HISTORY: Adopted by the Levy Court of Kent County 10-9-1984. Amendments
noted where applicable.]
GENERAL REFERENCES
Personnel policy — See Ch. 68.
The Levy Court of Kent County, Delaware has adopted an
internal grievance procedure providing for prompt and equitable resolution
of complaints alleging any action prohibited by the Office of Revenue Sharing's
(ORS) regulations [31 CFR 51.55(d)(2)] implementing Section 504 of the Rehabilitation
Act of 1973, as amended (29 U.S.C. § 794). Section 504 states, in
part, that "no otherwise qualified handicapped individual...shall, solely
by reason of his handicap, be excluded from the participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity
receiving federal financial assistance..."
Complaints should be addressed to: Section 504 Compliance Coordinator,
Room 201, 414 Federal Street, Dover, Delaware 19901 [Phone (302)736-2040]
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 the regulations.
B.
A complaint should be filed within 15 calendar days after
the complainant becomes aware of the alleged violation. (Processing of allegations
of discrimination occurring before this grievance procedure was 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 Levy Court's
administrative assistant or his designee. 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.
D.
A written determination as to the validity of the complaint
and description of resolution, if any, shall be issued by the administrative
assistant and copy forwarded to the complainant no later than 20 calendar
days after its filing.
E.
The Section 504 coordinator shall maintain the files
and records of the Kent County Levy Court 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 10 calendar days to the
Section 504 Compliance Coordinator.
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, U.S. Department of the Treasury. Utilization of
this grievance procedure is not a prerequisite to the pursuit of the other
remedies.
H.
These rules shall be construed to protect the substantive
rights of interested person, to meet appropriate due process standards and
to assure that the Government of Kent County, Delaware complies with Section
504 and the ORS regulations.
