2015-017 - Adopting a Section 504 Grievance ProcedureRESOLUTION NO. 2015 -017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
ADOPTING A SECTION 504 GRIEVANCE PROCEDURE AS REQUIRED BY
THE HOUSING AND URBAN DEVELOPMENT REGULATIONS (24 CFR
8.4(A) IMPLEMENTING SECTION 504 OF REHABILITATION ACT OF 1973
(29 USC 794); DESIGNATING A GRIEVANCE OFFICER FOR THE CITY OF
PARIS, TEXAS AS REQUIRED BY TXCDBG REGULATIONS; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, in order to be eligible to apply for certain State or Federal Community
Development Block Grant Funds, the City must adopt a Section 504 Grievance Procedure
for disabled or handicapped persons; and
WHEREAS, the Section 504 Grievance Procedure states, in part that, "No otherwise
qualified handicapped individual shall, solely by reason 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... "; and
WHEREAS, the City Council hereby designates John Godwin, Paris City Manager as
the Grievance Officer for the City of Paris, Texas under the Section 504 Grievance Policy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby
in all things approved.
Section 2. That the City of Paris Section 504 Grievance Procedure attached hereto
and incorporated herein as Exhibit "A" is hereby approved.
Section 3. That City Council hereby designates John Godwin, City Manager as
Section 504 Grievance Officer to oversee implementation and enforcement of the 504
Grievance Procedure as required by law.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 23rd day of March, 2015.
Matt Frierson, Mayor
ATTEST:
nice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, ity Attorney
City of Paris Section 504 Grievance Procedure
The City of Paris 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 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 reason 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: John Godwin, City Manager, 135 SE 1s' Street, Paris,
Texas 75460, (903) 784 -9202, 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 City Manager. Informal but thorough investigations will afford 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 City Manager, and a copy forwarded to the complainant no later than ten
(10) working days after its filing.
The Section 504 coordinator shall maintain the files and records of the City of Paris relating to
the complaints files.
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 Paris.
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.
EXHIBIT "A"
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 Paris complies with Section 504
and HUD regulations.
S
anager Date