HomeMy WebLinkAboutResolutions - 1984.10.11 - 17755MISCELLANEOUS RESOLUTION 84281 October 11, 1984
osling; Chairp)1.7"son
APPROVE THE FOREGONG REsow'TION 1
Murphy, County txecut
BY: HEALTH & HUMAN RESOURCES COMPUTTEE-Marilynn E. Gosling, Chairperson
IN RE: COMMUNITY & MINORITY AFFAIRS - SECTION 504 GRIEVANCE
PROCEDURE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chaix.'person, Ladies and Gentlemen:
WHEREAS Section 504 of Title V of the Rehabilitation
Act of 1974 provides for access to programs and facilities for
handicapped individuals; and
WHEREAS the regulations promulgated thereunder,
Treasury Regulations 31 CFR 51.55(d) and H.E.W. Regulations
115 CFR 84.7, require entities receiving federal funding to es-
tablish and maintain a procedure to receive, investigate and
resolve complaints of persons who have been aggrieved or are of
the opinion that they have been denied access to a facility or
program on the basis of their handicap; and
WHEF:EAS such a Grievance Procedure has been developed,
as attached, to receive, investigate and resolve such complaints.
NOW THEREFORE BE IT RESOLVED that the Section 504
Grievance Procedure, attached hereto, is approved and adopted by
the Oakland County Board of Commissioners.
Mr. Chairperson, on behalf of the Health and Human
Resources Committee, I move the adoption of the foregoing
resolution.
HEALTH AND HUMAN RESOURCES COMMITTEE
COUNTY OF OAKLAND
Section 504 Grievance Procedure
1200 North Telegraph Road
Pontiac, Michigan 48053
THIS GRIEVANCE PROCEDURE is established in accordance with Section 504 of
Title V of the Rehabilitation Act of 1974 (29 USC Sec. 794), Treasury Regula-
tions 31 CFR 51.55(d): and H.E.W. Regulations 45 CFR 84.7.
This establishes and maintains a procedure to receive, investigate and to
resolve complaints or grievances of persons who have been aggrieved or are of
the opinion that a law or regulation has been violated which deprives them
access to a facility or program, or in any way discriminates against them on
the basis of a handicap.
This procedure is not applicable with respect to complaints from applicants
for employment, current employees or from applicants for admission to Post
secondary educational institutions.
The procedure of said matters is as follows: Complaints or grievances shall
be filed within one (1) year of the alleged occurrence.
Step 1: Any grievance or complaint shall be reduced to writing and
filed with:
Ms. Joan Newby
Director of Community & Minority Affairs
1200 North Telegraph Road
Pontiac, Michigan 48053.
Upon receipt, the grievance or complaint shall be investi-
gated by the Director and/or appropriate technical staff
members prior to the scheduling of an Informal Review with
the Grievant/Complainant, Respondent(s), Concerned Parties
and the Director. The Informal Review shall be conducted
and a written determination made by the Director within
thirty (30) days of the date the grievance/complaint was
filed. The written determination shall be sent to the
Grievant/Complainant, Respondent and all interested parties.
Step 2: When the grievance/complaint is not resolved in Step 1, the
Grievant/Complainant may file within five (5) days follow-
ing receipt of the Informal Review Determination a written
request for a hearing to:
Ms. Joan Newby
Director of Community & Minority Affairs
1250 North Telegraph Road
Pontiac, Michigan 48053.
The request for hearing shall include:
(a) The full name, telephone number and address
of the person filing the grievance/complaint.
(b) A clear, concise statement of the facts in-
cluding pertinent dates and details describing
the alleged violation.
(c) When known, the applicable law or regulation
believed to be violated.
(d) A statement disclosing whether proceed-
ings involving the subject of the complaint
have been commenced and/or concluded before
any federal, state or local authority, and
if so, the name and address of such authority
and the status of such proceeding.
The Grievant/Complaintant and other interested parties
shall be given written notice of the date, time and
place of the hearing.
Hearings shall be conducted within thirty (30) days of the
filing of a written request for the same and shall be con-
ducted before an impartial hearing Officer. The Grievant/
Complainant nay appear with or without benefit of legal
counsel and/or witnesses. All parties shall be given an
opportunity to present evidence and witnesses. Each party
may cross-examine witnesses of opposing parties and each
party may submit rebuttal evidence. The rules of evidence
shall not apply; however, irrelevant, immaterial or unduly
repetitious evidence may be excluded.
A written decision shall be issued by the Hearing Officer not
later than sixty (60) days from the date of filing the written
request for hearing. The written decision shall be sent to
the Grievant/Complainant, Respondent and all interested parties.
Time limitations as set forth above may be extended upon the
written consent of all parties for good cause.
This action completes the Oakland County Section 504 Grievance Procedure
Requirements.
NON-GRIEVANCE PROCEDURE REMEDIES:
The Grievance Procedure as set forth above is a non-exclusive remedy under
the Rehabilitation Act of 1973. A grievance/complaint may be filed within
one hundred eighty (180) days from the date of the alleged discrimination with
any of the following agencies:
Office for Civil Rights
Department of Health, Education & Welfare
Washington, DC 20201
Office of Civil Rights
United States Department of Labor
230 S. Dearborn Street
Chicago, Illinois 60604
Office of Revenue Sharing
Department of the Treasury
Washington, DC 20201
Michigan Department of Civil Rights
309 N. Washington Street
Lansing, Michigan 48913
Michigan Department of Labor
Barrier Free Design Division
7150 Harris Drive
P.O. Box 30015
Lansing, Michigan 48909
In addition to these remedies a Grievant/Complainant may have available a
federal or state cause of action available through the federal and/or state
court system.
1 1 th this
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#84281 October 11, 1934
Moved by Gosling supported by Moffitt the resolution be adopted.
AYES: R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson,
Moffitt, Moore, Nelson, Olsen, Page, Perinoff, Pernick, Price, Rewold, Wilcox,
Aaron, Caddell, Calandro, Doyon, Fortino, Gosling, Hobart, Jackson. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
EDUHTY AKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution #8,4281 adopted by the Oakland County Board of Commissioners
at their meeting held on October 11, 1984
with the orginial record thereof now remaining in my office, and
that it is a true and correct transcript therefrom, and of the
whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan
day of .4111 October 19 8h
1111 SLN •
County Clerk/Register of Deeds
ALLEN