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Grievance Procedures City of Delray Beach and Handicapped Persons (GA-7, Rev.1)C ITY O F DELRA Y BEA C H A D M IN ISTRA TIVE PO LI C IES A ND PRO C EDURES DEPARTMENT:Human Resources POLICY NUMBER:GA-7 SUBJECT:Grievance Procedures Concerning the City of Delray Beach and Handicapped Persons SUPERSEDES:GA-7,Revision O REVISION: APPROVED BY: PURPOSE EFFECTIVE DATE:/ Terrence R.Moore,ICMA-CM,City Manager The purpose of this procedure is to provide employees and citizens of the City of Delray Beach a means to file complaints,receive consideration of said complaints,and to establish a complaints mechanism for resolving allegations of discrimination due to a disability pursuant to the Americans with Disabilities Act and to provide a procedure concerning employment practices and City services regarding handicapped persons as required by General Revenue Sharing Regulations (31.C.F.R.51.55 (d)(2)).It is important that all complaints be filed in a timely manner as outlined below. POLICY It is the policy of the City of Delray Beach that no otherwise qualified handicapped or disabled person shall solely,by reason of his/her handicap or disability,be excluded from participation in,be denied the benefits of,or otherwise be subjected to discrimination with respect to employment practices and services, programs,or activities provided by or made available by the City. PROCEDURE Definitions: A.Grievance -A grievance is a complaint,view,or feeling that insufficient consideration or unfair treatment has been given to a qualified handicapped or disabled individual or group of qualified handicapped or disabled persons. 8.Handicapped /Disabled Person -A handicapped person or disabled person is an individual who has a physical or mental impairment that substantially limits one or more major life activities;has a record of such an impairment;or is regarded as having such an impairment. 1.As used in this definition,the phrase "physical or mental impairment"means: i.Any physiological disorder or condition,cosmetic disfigurement,or anatomical loss Grievance Procedures Concerning the City of Delray Beach and Handicapped Persons GA-7 Page 2 of 5 aff ecting one or m ore of the follow ing body system s:neurological;m usculoskeletal; special sense organs;respiratory ,including speech organs;cardiovascular; reproductive;digestive;genitourinary ;hem ic and lym phatic;skin;and endocrine;or ii.A ny m ental or psychological disorder,such as m ental retardation,organic brain syndro m e,em otional or m ental illness,and specific learn ing disabilities. iii.The term "physical or m ental im pairm ent"includes,but is not lim ited to,such diseases and conditions as orthopedic,visual,speech,and hearing im pairm ent; cerebral palsy;epilepsy;m uscular dystrophy;m ultiple sclero sis;cancer;heart disease;m ental retardation;em otional illness;drug addiction;and alcoholism . B."M ajor life activities"m eans functions such as caring fo r one's self,perform ing m anual tasks,walking, seeing,hearing,speaking,breathing,learn ing and w orking. C ."H as a record of such an im pairm ent:m eans has a history of,or has been classified,or m isclassified, as having a m ental or physical im pairm ent that substantially lim its one or more m ajor life activities. D ."Is regarded as having an im pairm ent"m eans: i.Has a physical or m ental im pairm ent that does not substantially lim it m ajor life activities but that is treated by a recipient as constituting such a lim itation; ii.Has a physical or m ental im pairm ent that substantially lim its m ajor life activities only as a result of the att itudes tow ard such an im pairm ent; iii.Has none of the im pairm ents set fort h in paragraph 2.A.of this definition,but is treated by a recipient as having such an im pairm ent. C .Q ualified H andicapped /D isabled Person -A handicapped or disabled person w ho,w ith or w ithout reasonable accom m odations,auxiliary aids,or rem oval of barriers,ca n m eet the essential requirem ents to participate in a pro gram or receive serv ices off ered by the C ity .In the case of em ployees or prospective em ployees,qualified persons are those persons w ho can,w ith or w ithout reasonable accom m odation,perform the essential functions of the em ploym ent position that such individual ho lds or desires. Grievance Procedures Concerning the City of Delray Beach and Handicapped Persons GA-7 Page 3 of 5 C o m p laint Process : A.Procedure for non-employees: 1.R ep o rt ing D iscrim inatio n --Step O ne: If an individual,other than an employee,feels that certain actions,circumstances,or situations constitute discrimination or that,the City has discriminated in the delivery of accessibility of any of its services,programs and policies or in any of its employment practices,they are encouraged to report such claim to the designated contact person in the Human Resources Department,for the City of Delray Beach. a.C laim The alleged aggrieved person shall register his /her complaint in writing,stating the pertinent facts and signing and dating the statement.This complaint should normally be made on the ADA Discrimination Complaint Form provided by the City. As an alleged aggrieved person who does not complete the ADA Discrimination Complaint Form may register his/her complaint orally,and request a step 2 meeting.The form will then be filled out at the meeting. 2.M eeting -Step Tw o (w ithin five (5)days): As soon as possible after the receipt of the Step One complaint,the City will schedule a meeting with the person who filed the complaint to discuss the nature of the complaint and to complete the Discrimination Complaint Form if the form has not previously if the form has not previously been completed.This meeting will take place within five (5)days of the initial contact,unless otherwise agreed by the City and the complainant. 3.Inv estig atio n -Step Three (com p leted w ithin ten (10 )days): An investigation of the complaint will be conducted by the appropriate department head and /or other administrative staff member.A written report summarizing the investigative finding s will be prepared.This report will be completed within ten (10)days from the date of the Step Two meeting, unless otherwise agreed by the City and the complainant. 4.Fo llo w -up M eeting -Step Fo ur (w ithin fiye (5)days from date that Step Three report is issu ed : A follow-up meeting will take place with the individual making the complaint to review the results of the investigation and what actions,if any,will be taken relative to the allegation of discrimination due to disability.This meeting will be scheduled within five (5)days of the date that the Step Three report is issued,unless otherwise agreed by the City and the complainant. 5.M eeting w ith the C ity M an ag er -Step Five (w ithin five (5)days aft er Step Fo ur m eeting ): If the individual is not satisfied with the results of the investigation or the actions to be taken,he or she may request to meet with the City Manager to discuss the matter further,provided the request is made within five (5)days after the conclusion of the Step Four meeting.If no contact is made within the five (5)day period,the complaint will be considered resolved. Grievance Procedures Concerning the City of Delray Beach and Handicapped Persons GA-7 Page 4 of 5 If a meeting is requested,it will be scheduled within five (5)days of the date that the complainant requests such a meeting,unless otherwise agreed by the City and the complainant. The City Manager shall review the grievance with all appropriate parties and shall render a decision within ten (10)days of the date of the City Manager's meeting with the complainant.The City Manager's decision shall be issued to the complainant and the Department Head or Staff member in writing and verbally,if appropriate. Record Keeping A complete record of the handling of each grievance shall be maintained on file for three (3)years in the offices of the City Manager.Thereafter,the records will be maintained pursuant to the requirements of the applicable public records laws of the State of Florida.These records shal be made available for public inspection,as provided for by the applicable public records laws of the State of Florida. B.Procedure for employees: Employees of the City of Delray Beach who allege discriminatory practices on the basis of handicapped status shall follow the grievance procedures as contained in the City of Delray Beach Personnel Policy Section 118-Grievance Procedure for Non-Disciplinary Actions (or the grievance procedures of the appropriate collective bargaining agreement with the City,if such procedures are applicable in cases involving alleged discrimination based upon a handicap or disability). C.Limitations: This grievance procedure is supplementary to other procedures of the local,state and federal laws and regulations which allow for the filing of appropriate complaints.The right to pursue other avenues of appeal are not forfeited or limited in any manner by filing under this procedure.However,because direct fact to fact resolution of problems are usually more timely and satisfactory to all parties involved, complainants are urged to file grievances under this procedure before pursuing other options. Grievance Procedures Concerning the City of Delray Beach and Handicapped Persons GA-7 Page 5 of 5 AERICANS ITH DISABILITIES ACT DISCRIMINATION COMPLAINT FOE PURPOSE;Yu have indicted that certain actions,circumstanca,or situations with th City constitute discrimination due to disatiltty. You have discussed your concerns with the Ctty's representative for ADA 1ssus and now we auk that yu complete this far so that we might be able to fully invest!gate your complaint.PLEASE PRINT... Name1 ----------- ,sty Zips Signature t++toot+«w+tot++++++t+++++t++/t++44++b+¢++4t+4#¢¢«4¢¢toe¢tot ks best as posstble,please describe the nature of your complaint to include specific dates,ties,names,places or events which you feel will best deptet the reason (a)for your complaint of discrimination due to disability.Attach additional pages If necessary,This complaint will be investigated and a follow-up meeting with you will be held within IS working days of this initial meeting.