Raleigh County Commission Grievance Procedure
This grievance procedure for the Raleigh County Commission is designed to accept and resolve any complaints and problems relative to the activities of the Raleigh County Commission.
Civil Rights and the Process of Discrimination
Title VI of the Civil Rights Act of 1964
No person in the United States shall, on the ground of race, color, age, disability, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
Title VII of the Civil Rights Act
Prohibits an employer from treating you differently, or less favorably, because of your sex, which is defined to include pregnancy, sexual orientation, and gender identity.
40 CFR § 7.30 General Prohibition
No person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving EPA assistance on the basis of race, color, age, disability, national origin, or on the basis of sex in any program or activity receiving EPA assistance under the Federal Water Pollution Control Act, as amended, including the Environmental Financing Act of 1972.
§ 7.35 Specific Prohibitions
(a) As to any program or activity receiving EPA assistance, a recipient shall not directly or through contractual, licensing, or other arrangements on the basis of race, color, age, disability, national origin, or, if applicable, sex:
- (1) Deny a person any service, aid, or other benefit of the program or activity;
- (2) Provide a person any service, aid, or other benefit that is different, or is provided differently from that provided to others under the program or activity;
- (3) Restrict a person in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service, aid, or benefit provided by the program or activity;
- (4) Subject a person to segregation in any manner or separate treatment in any way related to receiving services or benefits under the program or activity;
- (5) Deny a person or any group of persons the opportunity to participate as members of any planning or advisory body which is an integral part of the program or activity, such as a local sanitation board or sewer authority;
- (6) Discriminate in employment on the basis of sex in any program or activity subject to section 13, or on the basis of race, color, or national origin in any program or activity whose purpose is to create employment; or, by means of employment discrimination, deny intended beneficiaries the benefits of EPA assistance, or subject the beneficiaries to prohibited discrimination;
- (7) In administering a program or activity receiving Federal financial assistance in which the recipient has previously discriminated on the basis of race, color, sex, age, disability, or national origin, the recipient shall take affirmative action to provide remedies to those who have been injured by the discrimination.
(b) A recipient shall not use criteria or methods of administering its program or activity which have the effect of subjecting individuals to discrimination because of their race, color, national origin, or sex, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to individuals of a particular race, color, age, disability, national origin, or sex.
(c) A recipient shall not choose a site or location of a facility that has the purpose or effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination under any program or activity to which this part applies on the grounds of race, color, national origin, sex; or with the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of this subpart.
(d) The specific prohibitions of discrimination enumerated above do not limit the general prohibition of § 7.30.
Raleigh County Commission Grievance Procedure
The Raleigh County Commission (hereafter known as “Commission”) asserts that these grievance procedures will assure the prompt and fair resolution of complaints which allege a violation of federal civil rights laws.
An Acting Grievance Coordinator and/or Non-discrimination Coordinator shall be appointed by the Commission to represent the Commission for any civil rights or discriminatory complaints. This appointee will be chosen from the president, the commission, or a commission employee. It is important that this coordinator be available on an almost daily basis. The Grievance Coordinator appointed is Jay Quesenberry, County Administrator.
Step One
Anyone who has a grievance, feels they have been discriminated against, or that have a discriminatory complaint or problem, shall submit this form, or submit his or her grievance in writing to the Raleigh County Commission. A copy of this form is herewith attached and identified as “Raleigh County Commission Grievance Procedure”. Section I of this form must be completed by the complainant. The Commission does not intimidate or retaliate against any individual or group because they have exercised rights protected by 40 C.F.R. Parts 5 and 7 or interfere with such rights. (See link to the legal reference.)
Step Two
The Raleigh County Commission will evaluate the grievance or discrimination complaint in order to determine any action that may be required for resolution. This action may be one of the following alternatives:
- Resolution of the problem.
- Referral of the problem to the Non-discrimination Coordinator.
Step Two-A
If alternative I is chosen, the Raleigh County Commission will resolve the problem or complaint and record the action taken for resolution or complaint in the appropriate area (Section II) on the “Raleigh County Commission Grievance Procedure Form” and file it for future reference. A copy of the form will be placed in the Raleigh County Commission Grievance/Non-discrimination file at the Raleigh County Commission Office. All parties will be notified in writing as to the resolution.
Step Two-B
If alternative II is chosen, the Raleigh County Commission will make a referral of the problem or complaint to the Grievance Coordinator and/or Non-discrimination Coordinator for resolution. The Raleigh County Commission will make this referral by forwarding the “Raleigh County Commission Grievance Procedure Form” to the Grievance Coordinator and/or Non-discrimination Coordinator for resolution. Section I must be filled out completely. The Grievance Coordinator and/or Non-discrimination Coordinator will mediate to resolve the problem or complaint to the mutual satisfaction of involved parties.
Upon resolution, Section II will be completed and filed. All parties will be notified in writing as to the resolution. If the problem cannot be resolved to the satisfaction of the complainant or involved parties, the Grievance Coordinator and/or Non-discrimination Coordinator will act as the appellate body for unresolved complaints. Unless the complainant/appellant wishes to proceed with the issue in Circuit Court, the decision rendered by the Grievance Coordinator and/or Non-discrimination Coordinator will stand as final.
Disability Assistance
Should anyone with a disability request or require assistance in submitting a grievance or discrimination claim to the Raleigh County Commission, the Commission will assist them, or refer them to an appropriate source of assistance, to aid them with their grievance.
It is the policy of the Raleigh County Commission that all grievances and discrimination complaints be acknowledged within five (5) days of being filed with the Commission, and that all grievances and discrimination complaints be replied to within thirty (30) days of their receipt.
A person who submits a grievance or complaint will not be subject to any form of discrimination or retaliation whatsoever. All grievances and/or complaints will be respected and thoroughly examined.
