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Gwinnett County Code of Ordinances Sec. 54-81. Grievance procedure.
Gwinnett County Code of Ordinances
Sec. 54-81. Grievance procedure.
(a) The board of commissioners has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the office of revenue sharing regulations 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, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance."
(b) 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.
(c) A complaint should be filed within 15 days after the complainant becomes aware of the alleged violation. Processing of allegations of discrimination which occurred before this grievance procedure was in place will be considered on a case-by-case basis.
(d) An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation shall be conducted by the compliance coordinator. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.
(e) Under the office of revenue sharing regulations, the board of commissioners need not process complaints from applicants for employment or from applicants for admission to post-secondary educational institutions.
(f) A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the compliance coordinator and a copy forwarded to the complainant no later than 45 days after its filing.
(g) The section 504 coordinator shall maintain the files and records of the board of commissioners relating to the complaints filed.
(h) The complainant can request a reconsideration of the case in instances where such complainant is dissatisfied with the resolution. The request for reconsideration should be made within ten days to the compliance coordinator.
(i) 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 responsible federal department or agency. Utilization of this grievance procedure is not prerequisite to the pursuit of other remedies.
(j) These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards, and to assure that the board of commissioners complies with section 504 and implementing regulations.
If you wish to submit a grievance under this procedure under Title II of the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973 please contact Matthew Eason, ADA Coordinator, at Matthew.Eason@GwinnettCounty.com or 770.822.8165
Sec. 54-81. Grievance procedure.
(a) The board of commissioners has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the office of revenue sharing regulations 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, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance."
(b) 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.
(c) A complaint should be filed within 15 days after the complainant becomes aware of the alleged violation. Processing of allegations of discrimination which occurred before this grievance procedure was in place will be considered on a case-by-case basis.
(d) An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation shall be conducted by the compliance coordinator. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.
(e) Under the office of revenue sharing regulations, the board of commissioners need not process complaints from applicants for employment or from applicants for admission to post-secondary educational institutions.
(f) A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the compliance coordinator and a copy forwarded to the complainant no later than 45 days after its filing.
(g) The section 504 coordinator shall maintain the files and records of the board of commissioners relating to the complaints filed.
(h) The complainant can request a reconsideration of the case in instances where such complainant is dissatisfied with the resolution. The request for reconsideration should be made within ten days to the compliance coordinator.
(i) 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 responsible federal department or agency. Utilization of this grievance procedure is not prerequisite to the pursuit of other remedies.
(j) These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards, and to assure that the board of commissioners complies with section 504 and implementing regulations.
If you wish to submit a grievance under this procedure under Title II of the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973 please contact Matthew Eason, ADA Coordinator, at Matthew.Eason@GwinnettCounty.com or 770.822.8165
