[HISTORY: Adopted by the Levy Court of Kent County 10-9-1984. Amendments noted where applicable.]
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 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 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.)
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.
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.
The Section 504 coordinator shall maintain the files and records of the Kent County Levy Court 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 calendar days to the Section 504 Compliance Coordinator.
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.
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.