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RESOLUTION NO. 92-10 A RESOLUTION OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ADOPTING A POLICY OF NON-DISCRIMINATION ON THE BASIS OF DISABILITY. WHEREAS, the Congress of the United States has passed Section 504 of thc Rehabilitation Act of 1973, which requires that "No otherwise qualified individual with handicaps in the United States shall, solely on the basis of his or her handicap, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance"; and, WHEREAS, the City of Moscow has been awarded Idaho Community Development Block Grant #ICDBG-91-II-3-PF and is required to comply "nth Section 504 of the Rehabilitation Act of 1973; and WHEREAS, the failure to comply with the terms and conditions of Section 504 of the Rehabilitation Act may cause the City to lose its grant or eligibility for future grants; NOW THEREFORE BE IT RESOLVED by the Mayor and the Council of the City of Moscow, Idaho, the following: Section I. Section II. Section III. Section IV. It is the policy of the City that all programs and activities shall be accessible to, and usable by, qualified persons with disabilities. The City shall undertake an evaluation, conducted in consultation with citizen groups involving persons with disabilities, of its programs, policies, procedures and facilities in order to determine those areas where discrimiuation may occur. The City shall, upon completion of said evaluation, make such revisions, modifications, or other changes so as to fully comply with the letter and intent of Section 504. Further, the City shall, where building modifications are required, develop and implement a Transition Plan for the timely elimination of structural barriers to citizens with disabilities. Citizens may contact Randy Rice at 122 East 4th Street, Moscow, ID (882-5553) for assistance or to answer questions regarding this policy. RESOLVED by the City Council and APPROVED by the Mayor this .l11ne , 1992. 15th day of Paul C. Agidius Mayor ---PAGE BREAK--- CITY OF MOSCOW SECTION 504 GRIEVANCE PROCEDURE The City of Moscow, Idaho, a municipal corporation of the State of Idaho, adopts the following procedure for the prompt and equitable resolution of complaints arising from any alleged action which violates Section 504 of the Rehabilitation Act of 1973, as amended in 1978 and 1986. The pertinent portion of that act states that "no otherwise qualified individual with handicaps in the United States shall, solely on the basis of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. If a citizen feels that the City of Moscow has violated Section 504 of the Rehabilitation Act of 1973, the following procedure should be followed: 1. A. Complaints must be in writing and shall be addressed to: Mayor City of Moscow City Hall, 122 E. 4th Street P.O. Box 9203 Moscow, Idaho 83843 (208) 882-5553 Randy Rice, Coordinator City of Moscow City Hall, 122 E. 4th Street P.O. Box 9203 Moscow, Idaho 83843 (208) 882-5553 B. The Coordinator shall assist any citizen wishing to file a grievance, whether the grievance shall be filed through the City of Moscow, the Idaho Human Rights Commission, or directly to the United States Department of Housing and Urban Development. The Coordinator shall assist the grievant in following the grievance procedure described herein. C. Definition of Grievance: A written grievance or complaint is a formal notification of a concern, allegation or protest to the proper authority which indicates the belief that the individual or individuals have been denied opportunities, or treated differently from the general public on the basis of his or her disability. The law applies to those programs, activities and facilities provided for and accessible to all citizens in the community. These grievance procedures are not established with respect to complaints for housing assistance. For information regarding complaint procedures for housing assistance a grievant may contact the Idaho Department of Commerce or the HUD Regional Office of Fair Housing and Equal Opportunity, Compliance Division in Seattle, Washington. ---PAGE BREAK--- D. Where to File: Citizens shall be notified by the Coordinator that they have the option of filing complaints or grievances through the City of Moscow, the Idaho Human Rights Commission (if related to employment discrimination), or directly to the United States Department of Housing and Urban Development E. Contents: The written grievance must contain sufficient information to permit an investigation. Generally, the written grievance must include: ( 1) Identification of the problem, including a description of the circumstances leading to the grievance; and Sufficient documentation to substantiate the claim or charges. The grievant is encouraged to suggest possible resolutions to the problem identified. F. A formal grievance or complaint will be considered filed on the date it is delivered to the Coordinator at the address above, or, if mailed, on the date it is postmarked. G. Upon request, the Coordinator shall make special accommodations for persons with disabilities or language barriers. 2. Confidentiality shall be available to all citizens. Pursuant to 24 CFR 8.56(c)(2), the Coordinator shall hold in confidence the identity of any person submitting a complaint or grievance, unless that person submits written authorization waiving such confidentiality, and when it is found to be in the best interests of all parties in reaching a satisfactory resolution. 3. When a grievance or complaints filed with the Coordinator, the Coordinator shall notifY: A The members of the Moscow City Council B. The Idaho Department of Commerce (by submitting a copy of the grievance or complaint ) 4. The City of Moscow shall respond, where practicable, within 30 days from the date of the filing of the complaint The City of Moscow shall make every effort to compromise and negotiate a satisfactory resolution to the grievance or complaint A copy of that response shall be submitted to the Idaho Department of Commerce. 5. If, after receiving the response from the City of Moscow, the grievant is dissatisfied with the response, the grievant may appeal to the Idaho Department of Commerce, which will review the complaint. The Department may request ---PAGE BREAK--- additional information at that time. The Department will make every effort to respond to said appeal within 30 days from the filing thereof If valid and sufficient data has been provided to substantiate the original complaint, an investigation shall be conducted by the Department. 6. If the grievant determines that the response from the Idaho Department of Commerce is unsatisfactory, he or she may appeal to the United States Department of Housing and Urban Development's Office of Fair Housing and Equal Opportunity in Seattle, Washington. All complaints must be filed within 180 days of the act of discrimination, unless the responsible HUD Compliance Officer waives the time limit for good cause shown. 7. Employees or applicants for employment who believe they have been subjected to discrimination should contact the Idaho Human Rights Commission, collect, at the telephone number below. The grievant's name need not be given. 8. Addresses other than the City of Moscow where Rehabilitation Act appeals may be submitted: Idaho Dept. of Commerce 700 West State Street Boise, Idaho 83 720 (208) 334-2470 U.S. Dept. ofHousing& Urban Development Office of Fair Housing & Equal Opportunity Compliance Division 1321 Second Avenue Mail Stop 1 OEO Seattle, W A 9810 I (206) 553-0226 (collect) OR Idaho Human Rights Commission 450 W. State Street, 1st Floor Boise, Idaho 83720 (208) 334-2873, (collect) U.S. Dept. of Housing & Urban Development Office ofHUD Program Compliance Room 5230 451 7th Street S.W Washington, D.C. 20410 (202) 708-2904 TTY(202) 708-0015 (hearing impaired)