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Home My WebLink About32826 / 84-15April 19, 1984 (CARRIED LOST LAID OVER i115 RESOLUTION WITHDRAWN _) PURPOSE: APPROVE POLICY DEALING WITH DISCRIMINATION ON THE BASIS OF HANDICAPPED INITIATED BY: PERSONNEL DEPARTMENT BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached policy dealing with discrimination on the basis of handicap is hereby approved. - 16 - 3UBMITTED BY APPROVED R E V I S E D RESOLUTION /i 15 CITY OF OSHKOSH DISCRIMINATION ON THE BASIS OF HANDICAPPED GRIEVANCE PROCEDURE SECT_ION l. Policy. It is the policy of the City of Oshkosh to treat all citizens fairly and equitably in matters affecting their participation. The City has adopted a policy of nondiscrimination against handicapped in- dividuals with respect to treatment or employment, access to its phy- sical facilities and admission or participation in its public programs and activities. Any person who feels he/she has not been so treated, has a right to present his/her grievance to the appropriate official for prompt consideration and equitable decision, The filing of a grievance by any person will not reflect unfavorably on his/her standing, loyalty or desirability to the public service and shall be without fear of discrimination or reprisal. SECTION 2. Administration. The City has designated the Director of Personnel, as the official responsible for the administration of this policy. All grievances shall be filed with him in accordance with the procedure set forth herein. SECTION 3. Definitions. The following phrases used in this policy shall be inter- preted as follows: a) "Handicapped individual" means any person 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. b) "Physical or mental impairment" means (i) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological; musculo- skeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and enocrine; or (ii) any mental or physiological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term "phys- ical or mental impairment" includes, but is not limited to, such dis- eases and conditions as orthopedic, visual, speech and hearing im- pairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction and alcoholism. c) "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working d) "Aas a record of such an impairment" (i) means has history of or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities, but that is treated by a recipient government as constituting such a limitation; -lba- , R E V I S E D RESOLUTION li 15 (ii) has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or (iii) has none of the impairments defined in paragraph 1(a) of this section but is treated by a recipient govern- ment as having such impairment. e) "Qualified handicapped individual" means (i) with respect to employ- ment, a handicapped individual who, with reasonable accommodation, can perform the essential functions of the job in question; and (ii) with respect to services, a handicapped individual who meets the essential eligibility requirements for the receipt of such ser- vices. f) "Discrimination grievance on the basis of handicap" is a complaint stating that person who was otherwise qualified or eligible was sub- jected to discrimination on the basis of handicap status with respect to treatment or emplcymen*_ access to pub2ic facili*_ies or admission or participation in public programs or activities. SECTION 4. Grievance Procedure. Step 1. Whenever possible, grievances should be resolved informally and any person having a discrimination grievance on the basis of handi- cap shall first discuss the grievance with the official responsible for the administration of this policy. Step 2. Description of the Remedial Action. The Complainant shall prepare a written statement setting forth the grievance, including a description of the remedial action being sought and any information available to support the grievance. The statement should be given to the official responsible for the administration of this policy. The respective official responsible for the administra- tion of this policy shall make all reasonable efforts to resolve the grievance. A written reply to the grievance shall be made within five (5) days. Step 3. Zf the responsible official's decision does not satisfy I the person's grievance, such person may present the grievance in writing to the City Manager of the City of Oshkosh, who shall ascertair. rhe facts surrounding the dispute and when war:anted, �eet c.ith the Com- plainant and/or other persons having information with respect to the grievance. A written reply to the grievance shall be made within five (5) days. Step 4. In the event the decision of the City Manager does not satisfy the Complainant, the Complainant may present the formal grievance in writing to the City Council, The City Council shall review the case and reply in writing within ten (10) days of the meeting at which the complaint is considered. The decision of the City Council shall be final. SECTION 5. Representation, Each person with a grievance is entitled to a representa- tive of his/her choice. -16b- RESOLUTION # 15 SECTION 6. Time. Provision for hearing and decision is made to resolve the griev- ance as soon as possible. However, an extension of time can be made by agreement of both parties. For purposes of this article, time limits are defined as working days, i,e., 5 days is 5 working days. SECTION 7. Legal Action. Nothing in this policy and procedure shall abrogate any legal means of redress to the courts available to all citizens. - 16c - � c� a r• i z7 cr ry �C Fa N c� �' N � N N � �o �$ � 7'. ^ \� ~ � � � � � � { ., _- _�_ .. __. _i �� N. H O h7 � d.. N � O m d 0 , . �v rny o r� rn M N• zs � '� xoy w�5o � i-'• C � � � �,• F'• (� � �d '� cwr N 7s r• N• m o 0 a��c o t� � m w �+ � m � oq w � m N• r• ct f4 7' � m � � N Vl �� t,