[HISTORY: Adopted by the Borough Council of the Borough of Mount Union as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-27-1984 by Ord. No. 985 (Ch. I, Part 10, of the 1980 Code of Ordinances)]
The purpose of this article is to adopt a procedure for the resolution of complaints made pursuant to Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which provides, 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...."
A complaint should be addressed to the Borough Manager, 9 West Market Street, Mount Union, Pennsylvania 17066, (814) 542-4051, who has been designated to coordinate Section 504 compliance efforts. 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.
A complaint should be filed within 10 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.)
An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation will be conducted by the Borough Manager. These rules contemplate informal but thorough investigations, affording all interested persons and their respective representatives, if any, an opportunity to submit evidence relevant to a complaint. Under 31 CFR 51.55(d)(2), the Borough of Mount Union need not process complaints from applicants for employment or from applicants for admission to postsecondary educational institutions.
A written determination as to the validity of the complaint and description of resolution, if any, shall be issued by the Borough Manager and a copy forwarded to the complainant no later than 10 days after its filing.
The Section 504 coordinator shall maintain the files and records of the Borough of Mount Union relating to the complaints filed.
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 days to the President, Mount Union Borough Council, 9 West Market Street, Mount Union, Pennsylvania 17066.
The right of a person to 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 the Section 504 complaint with the Office of Revenue Sharing, United States Department of Treasury. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies.
These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and to assure that the Borough of Mount Union complies with Section 504 and the ORS regulations.