Loading...
1979R05- AMENDING RESOLUTION NO. 79-R-4 . . . RESOLUTION NO. 7'1-1?~ 6" A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AME~DING RESOLUTION NO. 79-R-4 BY ADDING A PROVISION RELATING TO GRIEVANCE AND COMPLIANCE REVIEW MECHANISM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, that Resolution No. 79-R-4 be amended by adding the following provision as required by Subpart F 135.80 of the Section 3 Affirmative Action Plan Act of 1968: "GRIEVANCE AND COMPLIANCE REVIEW MECHANISM AS REQUIRED BY SUBPART F l35.80 OF THE SECTION 3 HUD ACT OF 1968 Any person in the project area for himself, herself or representing persons in the same area seeking employ- ment or training opportunities with the City of Schertz prime contractor, subcontractor or any business concern located in the same area, may file grievance alleging non-compliance with Section 3. The EEO Officer designated by the City of Schertz will be the person responsible to investigate and conciliate if possible these grievances." PASSEO, APPROVED AND ADOPTED this the 6 day of ~ , 19 '1 q ~C ,3"L:./ ~ayor, City of Schertz, Texas ATTEST: ~. y Secretary, City of Schertz (SEAL OF CITY) .. " sJJ w~ ~ ~~ o ftrlLL . i --------- . Addendum No 1. to Affirmative Action Plan to provide employment opportunities for 8 businesses located within section 3 covered area GRIEVANCE AND COMPLIANCE PROCEDURE 1. WHO NAY FILE GRIEVANCE. Any lower income resident of the project area, for himself or as a representative of pcr~onz simil~rly zituatcd, seeking employment or training opportunitiez with an applicant, recipient, contractor, or subcontractor, or any business concern located in, or o\>ned in substantial part by persons residing within a project area seeking contract opportunities from any applicant, recipient, contractor, or subcontractor, for itself or as a representative of persons or firms similarly situated, may personally or by an authorized representative file a grievance alleging noncompliance with section 3, these regulations, or obligations undertaken pursuant thereto. 2. CONTENT OF GRIEVANCE FILINGS. (a) The grievance should include: (1) The name and address of the grievant, (2) the name and address of the grievant's business, if applicable, (3) the name and address of the applicant, recipient, contractor, or subcontractor (in this subpart called "respondent"), (4) a description of the acts or omissions giving rise to the grievance, and (5) the corrective action sought. (b) Where a grievance contains incomplete information, the Secretary shall seek promptly the needed information from the grievant. In the event such information is not furnished to the Secretary wi,thin sixty (60) days of the date of such request, the grie~ance may be closed. 3. FORM OF GRIEVANCE FILINGS. Each grievance shall be in writing and signed. 4. PLACE OF FILING. A grievance w~y be filed by mailing it to the Assistant Secretary for Equal ~pportunity, Department of Hou8ing and Urban Development, Washington, D. C. 20410, or by presenting it at any Regional Office, Area Office, or FHA Insuring Office of the Department. Any employee of the Department receiving a grievance shall forward the same directly to the Assistant Secretary for Equal Opportunity. 5. TIHE OF FILING. A grievance must be filed not later than ninety (90) days from the date of the action (or omission) upon which the grievance is based, unless the time for filing is extended by the Secretary upon good cause shown. 6. PROCESSING OF GRIEVANCE FILINGS. (a) Upon receipt of a grievance a copy thereof shall be furnished the respondent cy certified mail or through personal service. (b) The Secretary shall conduct an investigation of each grievance filed, and shall give notice in writing to the grievant and the respondent as to whetper he intends to resolve it. (c) Notwithstanding paragraphs (a) and (b) of this section, where the allegations of a greivance on their face, or as amplified by the statements of the grievant, disclose that the grievance is not timely filed or otherwise fails to state a valid claim for relief under these regulations or any other authority within the jurisdiction of the Department, the Secretary may dismiss the grievance without further action. To the extent that Executive Order 11246 relating to Equal Opportunity in Emplo}~ent applies to the sub- ject matter of the grievance, the procedures required by applicable regulations implement- ing that order shall be followed. (d) If the Secretary decides not to resolve a grievance, or to dismiss it under paragraph (co) of this section, he shall advise the grievant of the disposition of his grievance. Respondent shall also be notified in any case where he has been served with a copy of the grievance. , ' '. 0' J . (e) Any party adversely affected by a determination under. paragraph (b) or (c) ! of this section may, within 5 days of rcceipt of a notice of determination, request that thc Secretary reconsider his action. Such request for reconsideration will be granted only on the basis of additional material evidence not previously available to the party request- ing reconsideration or for other good, cause shown. (f) If the Secretary decides to resolve a grievance, he shall endeavor to eliminate or correct the matters complained of in the grievance by informal methods of conference, conciliation, and persuasion. (g) In conciliating a grievance, the Secretary shall attempt to achieve a just resolution of the grievance including (1) specific relief for the grievant. (2) Affirmative actions by the respondent to relieve the effects of past violation and preclude the occur- rcnce of future violation, and (3)appropriate reporting requirements. Notice of a proposed disposition of a grievance and of the terms of a proposed settlement, if any, shall be given to the parties, or their representatives, by the Secretary, in writing. If satisfac- tory, the proposed settement shall be signed by the grievant and the respondent or their representatives and approved by the Secretary. The Secretary may, from time to time, review compliance with the terms of any settlement agreement and may, upon a finding of noncompliance, reopen the grievance or take such enforcement action as is provided for under the settlement agreement or as may otherwise be appropriate. (h) Should a respondent fail or refuse to confer with the Secretary or fail or refuse to make a good faith effort to resolve the grievance, or should the Secretary find for any other reason that voluntary agreement is not likely to result, the Secretary may terminate his efforts to conciliate the dispute. In the latter event the parties shall be notified promptly, in writing, that such efforts have been unsuccessful. (i) If the Department is unable to obtain voluntary compliance, the Secretary shall advise the grievant and the parties in writing of his proposed resolution of the grievance. Such resolution shall become final and binding on the parties, unless within 15 days after the receipt of notification, either party files with the Secretary a written request for a hearing on the matter, , 7. HE1\.RINGS . .. (a) Whenever a hearing is requested reasonable notice shall be given by registered or certified mail, return receipt requested, to the parties. This notice shall advise the parties of the action proposed to be taken, the specific provision under which the proposed action is to be taken, and the matters of fact or, law asserted as the basis for this action. In addition, it shall either (1) fix a date not less than 20 days after the date of such notice within which the parties may request of the Secretary that the matter be scheduled for hearing or (2) advise the parties that the matter in ,question has been set down for hearing at a stated -time and place. The time and place so fixed shall be subject to change for cause. The requesting party may waive a hearing and in lieu thereof submit written information and argument for the record. The failure of the requesting party to appear at a hearing for which a date has been set shall be deemed to be a waiver of the right to a hearing and consent to the making of a decision on the basis of such information as available. (b) Hearing shall be held in or near the section 3 covered project area in question or at such other location as will serve the convenience of parties and witnesses, at a time fix-- ed by the Secretary. Hearings shall be held before the Secretary or, at his discretion, before a hearing examiner designated in accordance with 5 u.se. 3105 and 3344. (c) In all proceedings under this section, the respondent and grievant, if any, shall have the right to be represented by counsel. (d) The hearing, decision, and any administrative review thereof shall be conducted in conformity with 5 U.S.C. 554-557, and in accordance with such rules of procedure issued by HUD as are proper relating to the conduct of the hearing, the issuance of notice except that provided in paragraph (a) of this section, the taking of testimony, exhibits, argu- ments, and briefs, requests for findings, and other related matters. HUD, the respondent, and the grievant, if any, shall be entitled to introduce all relevant evidence On the issues as stated in the notice of hearing or as determined by the officer conducting the hearing at the outset of or during the hearing. - 2 - . .' . .. , . . (e) Technical rules of evidence shall not apply to hearings conducted pursuant to this paragraph but rules or principles designed to assure production of the most credible evidence available and to subject testimony to test by cross-examination shall be applied where deemed reasonably necessary by the officer conducting the hearing. The heating offi- cer may exclude irrelevant, immaterial, or unduly repetitious evidence. All documents and other evidence offered or taken for the record shall be open to examination by the Department of Housing and Urban Development, the respondent, and the grievant, if any, and opportunity shall be given to refute facts and arguments advanced on either side of the issues. A transcript shall be made of the oral evidence except to the extent the substance thereof is stipulated for the record. All decisions shall be based upon the hearing recorc and written .findings" shall be made. , ! (f) If the hearing is held by a hearing examiner, he shall either render an initial decision, if so authorized, or certify the entire record, including his recommended find- ings and proposed decision to the Secretary for a final decision. A copy of such initial decision or certification shall be mailed to the respondent and the grievant, or their representative, by certified or registered mail, return receipt requested. Where the initial decision is made by the hearing examiner, the respondent or grievant may within 30 days of the mailing of such notice of initial decision file with the Secretary excep- tions to the initial decision, with reasons therefor. In the absence of exception, the Secretary may on his own motion, within 45 days after the initial decision, serve on the respondent and giveant, a notice that he will review the decision. Upon the filing of such exceptions or of such notice of review, the Secretary shall review the initial decision and issue his own decision ther~on including the reasons therefor. If no excep- tion is taken or notice of review issued, the initial decision shall constitute the final decision of the Secretary. , (g) Whenever a record is certified to the Secretary for decision or he reviews the. decision of a hearing examiner pursuant to paragraph (f) of this section, or whenever the Secretary conducts the hearing, the respondent and grievant shall be given reasonable opportunity to file b~iefs or other written statements of their contentions, and a copy of the final decision of the Secretary shall be given in writing to the respondent, and to the grievant by certified or registered mail, return receipt requested. .. (h) Wnenever a hearing is waived pursuant to paragraph (a) of this section, a decision shall be made by the Secretary on the record and a copy of such decision shall be given in writing to the respondent, and to the grievant, by certified or registered mail, return receipt requested. (i) Each decision of a hearing examiner or the Secretary shall set forth his ruling on each finding, conclusion, or exception presented, and shall id,entify the requirement or requirements of section 3 of the Housing and Urban Development Act of 1968 or the regulations which the respondent has not complied with. (j) The final decision may contain such terms, conditions, and other provisions as are consistent with, and will effectuate the purposes of section 3 and these regulations. The decision may also include provisions designed to implement, maintain, and enforce sanctions until the respondent corrects its noncompliance and satisfies the Secretary tha~ it will fully comply with section 3 and these regulations. (k) The General Counsel shall represent the Department and shall receive copies of all notices, decisions and other documents which are forwarded to the parties. (1) The applicant or recipient, if not a party, shall be invited to participate in the hearing and shall receive copies of all notices, decisions, and other documents which are forwarded to the parties. 8. CO~WLIANCE REVIEWS ~~ PROCEDURES In order to determine whether the responsibilities imposed upon him by section 3 and these regulations are being properly carried out, the ,Secretary shall periodically conduct section 3 compliance reviews of selected applicants, recipients, contraeto~s, and sub- contractors. A compliance review shall consist of a comprehensive analysis and evaluation of each aspect of the aforementioned section 3 policies, and conditions resulting there- from, Where deficiencies are found to exist, reasonable efforts shall be made to secure com- pliance through the conciliation process set fort~ above. Compliance re.views m.:1Y be. con- ducted prior to award of contracts in any case where the Secretary has reasonable grounds ba::-ied on a substantial grievance, the Department's own investigation, or other subst"ntial evidence, to believe that the applicant, recipient, contractor, or subcontractor will be unable or unwilling to comply ,;ith section 3 and the provisions of this part. - 3 - I - , ., ,~.. .. . I I RESOLUTION 142-74 RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF ALICE ADOPTING GRIEVANCE AND COMPLIANCE PROCEDURE TO BE ATTACHED TO AND MADE A PART OF THE AFFIRMATIVE ACTION PLAN TO PROVIDE E}WLOYMENT OPPORTUNITIES FOR BUSINESSES LOCATED WITHIN SECTION 3 COVERED AREA WHEREAS, at a regular meeting of the Board of Commissioners of the Urban Renewal Agency of the City of Alice held August 5, 1974 the commissioners, by Resolution 100-74, adopted an Affirmative Action Plan to provide employment opportunites for businesses located within section 3 covered area; and WHEREAS, it has been called to the attention of the agency by the Area Office that the affirmative action plan should include a grievance procdure; NOW, THEREFORE, THE BOARD OF CO~lliISSIONERS OF THE URBfu~ RENEWAL AGENCY OF THE CITY OF ALICE hereby adopt the attached Grievance and Compliance Procedure which shall be attached to and made a part of the Affirmative Action Plan To Provide Employment Opportunities For Businesses Located Within Section 3 Covered Area. The foregoing resolution was presented, discussed and considered, after which Commissioner Garcia moved its adoption. Seconded by Commissioner Glossbrenner. Voted upon the Ayes and Nays were recorded as follows: AYES , NAYS Eugene Garcia None .. Ernestine G10ssbrenner Irvin Richardson R. R. Ramirez The Chairman thereupon declared the motion carried and the Resolution adopted.