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84-WWWRESO ,UT O 84- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A GRIEVANCE PROCEDURE PURSUANT TO REVENUE SHARING REGULATIONS PROHIBITING DISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS. WHEREAS, the City of Boynton Beach acknowledges the need for accessibility in all its programs and activities for the City's handicapped citizens; and WHEREAS, the City recognizes the importance of ensuring that the delivery of services and the policies and practices of the City are free from discriminatory effects on the handicapped; and WHEREAS, the U.S. Department of the Treasury, Office of Revenue Sharing, has implemented Section 504 of the Rehabilitation Act of 1973 into the Revenue Sharing Act, 31 U.S.C. 6701 through 6724, which prohibits discrimination on the basis of handicapped status in programs involving Federal financial assistance; and WHEREAS, governmental recipients of Revenue Sharing funds annually in excess of $25,000 must develop grievance procedures in order to provide for the prompt and equitable resolution of complaints alleging handicapped non- accessibility or discrimination (other than those concerning employment) for all persons--not just employess. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That complaints of alleged grievances submitted by handicapped employees of the City of Boynton Beach shall be processed in accordance with Section 9, Rule XI, of the Civil Service Rules and Regulations of the City of Boynton Beach. Section 2. That complaints of alleged grievances submitted by handicapped persons who are not employees of the City of Boynton Beach shall be processed in accordance with the procedures appended hereto. Section 3. That copies of this resolution and the appended grievance procedures be made available to the public through the Office of the City Manager. Section 4. That records of grievances pending a resolution shall be maintained by the Office of the City Manager and that, once resolved, shall be maintained thereafter by the Office of the City Clerk. -1- PASSED AND ADOPTED this 18th day of September, 1984. CITY OF BOYNTON BEACH, FLORIDA Mayor Co~lncilman ATTEST: //C~cilman - 3 ' - // City ~rk (Corp. Seal) -2- APPENDIX A PROCEDURES APPENDING SECTION 2. OF RESOLUTION NO. 84- WWW , REGARDING THE FILING OF AT.T.RGED GRIEVANCES (OTHER THAN THOSE CONCERNING ~qPLOYMENT) BY HANDICAPPED INDIVIDUALS NOT ~MPLOYED BY THE CITY OF BOYNTON BEACH, FLORIDA. II. III. I. Filing of Grievance. A. Complaints shall be submitted to the City Manager's Office in writing. B. Special provisions for taping, interpreters or transcriptions of verbal complaints will be arranged at no cost, if necessary. Determination of Applicability. ae A preliminary determination as to the applicability of these proce- dures to the alledged grievance shall be madewithin ten (10) working days of thedate the complaint was received. The-- complainant shall be notified accordingly by means of them°st appropriate medium. B. Individuals whose complaints are determined to be outside the pur- view of these procedures may: Accept the preliminary determination; a statement to this effect signed by the complainant or their designated representative shall be obtained for record purposes; or 2. Appeal the preliminary determination; procedures for appeal are delineated below (Section V.). Grievance Committee Review. Complaints for which 'these procedures are determined to be appli- cable shall be reviewed by a Grievance Committee composed of the Personnel Director (Chairman), Special Projects Officer/Handicapped Regulations Compliance Coordinator (Secretary), and any applicable Department Head ( s). Be The Committee shall meet to evaluate the alleged grievance and shall forward a recc~Taendation to the City Managerwithin fifteen (15) working days of the notification to the complainant of a deter- mination of applicability. The complainant shall have the option of attending the C~]-~ttee's meeting, if practicable. IV. Resolution of Grievance. The City Manager, following a recommendation by th, Committee con- cerning a valid grievance, shall direct the appropriate department(s) to resolve the cause of the grievance within thirty (30) days of the date of the Grievance Committee's reccm%mendation. Extensions beyond the thirty day limit that may be required due to extenuating cir- cumstances may be authorized by the City Manager"s discretion. However, the cause of the grievance should be resolved at the latest within ninety (90) days of the date of the Grievance Committee's reco~mendation~ Further extensions required must be authorized by the City Council. Appeal of any portion of these procedures shall be before the City Council during the Public Audience period of a regularly scheduled City Council Meeting. Be Appellants or their designated representatives shall notify the City Manager's Office of their intent to appear before the City Council so that their appearance can be scheduled on the agenda and so that the City Council can be provided with all back-up material related to the grievance.