HomeMy WebLinkAboutR14-305154
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW,
TEXAS, ADOPTING A SECTION 504 GRIEVANCE PROCEDURE TO
COMPLY WITH 24 C.F.R., SUBPART A, SECTION 8.4 (a), 29 U.S.C.
794, OF THE UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT ACT OF 1968, AS AMENDED, DECLARING
THAT THE POLICY SERVES A PUBLIC PURPOSE; AND AGREEING
TO COMPLY WITH REGULATIONS.
WHEREAS, the United States Congress passed the United States Department of
Housing and Urban Development Act of 1968, as amended, 24 C.F.R., Subpart A,
Section 8.4 (a), implementing Section 504 of the Rehabilitation Act of 1973, as
amended, 29 U.S.C. 794, providing for an internal grievance procedure requirement to
ensure that federal funds are appropriated to those entities in compliance with such
regulation; and
WHEREAS, the City of Plainview developed an internal grievance procedure in
adherence to the grievance procedure requirement for violations of Section 504 of the
Rehabilitation Act of 1973, as amended; and
WHEREAS, the City Council finds that such plan serves a public purpose to
ensure that employment and other economic opportunities will be generated consistent
with existing Federal, State, and Local laws and regulations for those persons
specifically protected by such laws and regulations; and
WHEREAS, the City Council of the City of Plainview finds it in the best interest
for the citizens of Plainview that such plan be adopted and implemented as stated in the
United States Department of Housing and Urban Development Act of 1968, as
amended, 24 C.F.R., Subpart A, Section 8.4 (a), implementing Section 504 of the
Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, providing for an internal
grievance procedure; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLAINVIEW THAT:
The City of Plainview City Council adopts and authorizes the implementation of
the attached Exhibit "A," which is incorporated herein as the internal grievance
procedure to ensure compliance with Federal law.
Res. R14 -305
RESOLUTION R14 -305
Section 504 Procedures Page 1 of 5
The duties of implementing this policy will be assigned to the Community
Development Manager, designated as the coordinator of Section 504 compliance
efforts.
PASSED and APPROVED this 28 day of Jcati c r 1 . 2014.
ATTEST:
Belinda Hinojosa, City Secr
APPROVED AS TO CONTENT:
(
Mike Gilliland, Director of Public Works
APPROVED AS TO FORM:
Leslie Spear Pe rce, City Attorney
Res. R14 -305
Wendell Dunlap, Mayor
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EXHIBIT "A"
SECTION 504 GRIEVANCE PROCEDURE
The City of Plainview has adopted an internal grievance procedure providing for
prompt and equitable resolution of complaints alleging any action prohibited by the U.S.
Department of Housing and Urban Development regulations (24 CFR Subpart A Sec.
8.4(a)) implementing Section 504 of the Rehabilitation Act of 1973 as amended (29
USC 794). Section 504 states, in part that "No otherwise qualified handicapped
individual shall, solely by reasons of his handicap, be excluded from the participation in,
denied the benefits of, or be subjected to discrimination under any program or activity
receiving federal financial assistance..."
Complaints should be addressed to: Community Development Manager, 901
Broadway, Plainview 79072, (806) 296 -1100, 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 ten (10) working 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 Community Development Manager. These rules
contemplate an informal but thorough investigation, 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 Community Development Manager, and a copy
forwarded to the complainant no later than ten (10) working days after its filing.
The Community Development Manager shall maintain the files and records of the
City of Plainview relating to the Section 504 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 ten working days to the City of Plainview.
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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 U.S. Department of Housing and Urban
Development. 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 assure that the City of
Plainview complies with Section 504 and HUD regulations.
Res. R14 -305
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NOTICES OF NON - DISCRIMINATION
Policy of Nondiscrimination on the Basis of Handicapped Status
The City of Plainview does not discriminate on the basis of handicapped status in the
admission or access to, or employment in, its program or activities. The Community
Development Manager has been designated to coordinate compliance with the
nondiscrimination requirements contained in the Department of Housing and Urban
Development's (HUD) regulations implementing Section 504 (24 CFR Part 8, dated
June 2, 1988).
Equal Employment Opportunity Statement
The City of Plainview does not discriminate on the basis of color, national origin, sex,
religion, age and handicapped status in employment or the provision of services.
The City of Plainview has adopted complaint and grievance procedures regarding its
Texas Community Development Block Grant Programs. These procedures outline the
steps for a citizen to follow if s /he wishes to file a written complaint about proposed
TxCDBG activities. The City will make every effort to respond fully to such complaints
within ten (10) working days. Citizens may obtain a copy of these written procedures at
the City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday.
Citizens may also request the procedures be mailed to them by calling the Community
Development Manager at 806 - 296 -1100.
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