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Item O5 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 17,2002 Division: Monroe County Housing Authority Bulk Item: Yes X No Department: Special Programs Office (Staff will be present at BOCC meeting for any questions) AGENDA ITEM WORDING: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ADOPTING A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), COMPLAINT PROCEDURE ITEM BACKGROUND: 24 CFR Section 570.486 and 9B-43, Florida Administrative Code, requires that participating jurisdictions adopt a Complaint Procedure in order to establish and provide a formal process for resolution citizens complaints and claims of discrimination related to the implementation of Monroe County's Community Development Block Grant (CDBG) Program. PREVIOUS RELEVANT BOCC ACTION: Approval of similar Resolutions in 1993 and 1997 in support of previous CDBG applications STAFF RECOMMENDATION: Approval TOTAL COST: COST TO COUNTY: $-0- $-0- APPROVED BY: BI rchasing _ Risk Management _ DEPARTMENT APPROVAL: 1. nu Castillo, Director, Special Programs Office onroe County Housing Authority DOCUMENTATION: Included To Follow Not Required X DISPOSITION: 0,5 RESOLUTION - 2002 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ADOPTING A COMMUNITY DEVELOPMENT BLOCK GRANT COMPLAINT PROCEDURE WHEREAS, 24 CFR Section 570.486 and 9B-43, Florida Administrative Code, requires that participating jurisdictions adopt a Complaint Procedure in order to establish and provide a formal process for resolution citizens complaints and claims of discrimination related to the implementation of Monroe County's Community Development Block Grant (CDBG) Program, and; WHEREAS, The Monroe County has resolved to prepare and submit a 2001 Small Cities Community Development Block Grant application, and; WHEREAS, Monroe County has previously adopted a Community Development Block Grant, Citizens Participation Plan that provides for the creation of a CDBG compliant procedure, and; WHEREAS, Monroe County desires to establish a formal process for resolution citizens complaints and claims of discrimination related to the implementation of Monroe County's Community Development Block Grant Program, and; NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County, Florida, that Monroe County hereby: Adopts as its Community Development Block Grant, Complaint Procedure, the item attached hereto as "Attachment A". The attachment identified herein shall replace any CDBG Complaint Procedures previously adopted by this body. PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a regular meeting on said Board on the 17th day of April, A.D., 2002 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor McCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Williams Commissioner Nelson By: Mayor Charles "Sonny" McCoy SEAL ATTEST: Approved as to form and legal sufficiency: Date: Attachment "A .. CDBG COMPLAINT PROCEDURES It is the policy of the U.S. Department of Housing and Urban Development (HUD), the Florida Department of Community Affairs (DCA), and Monroe County to provide a means by which persons may file complaints. It is also the policy of Monroe County to enforce nondiscrimination practices in program policy, procedure, or performance, and to assure quality workmanship. I. Any person who feels that he/she has been discriminated against because of race, color, religion, gender, national origin, age or physical handicap, or has a comj>laint concerning quality of workmanship should contact Special Programs Office, 1403 12 Street, Key West, Florida 33040, (305) 292-1221, Program Administrator, Monroe County CDBG Program. 2. All complaints should be filed within forty-five (45) days of the alleged incident. 3. Upon receipt of the complaint, notice of same will be provided by certified mail, return receipt requested, upon the individual(s) and/or company against whom the complaint has been filed, if applicable. 4. A fair and impartial investigation will be conducted by the Director of the Special Programs Office, Monroe County Housing Authority and within fifteen (15) working days a written report of findings and determinations will be rendered. Proper notification of findings will be provided to the complainant and the respondent by certified mail. 5. Within ten (10) days after notification, either party may request a hearing if they are not satisfied. 6. When either party requests a hearing, the Executive Director of the Monore County Housing Authority will conduct the hearing in accordance with applicable laws, procedures and regulations. 7. Within ten (10) days after the hearing, a decision will be rendered by the hearing officer and all necessary parties notified of the determination. 8. The determination of the hearing officer will be submitted to the Monroe County Board of County Commissioners, who has the authority to uphold, rescind or reverse a pervious determination. 9. An appeal of the local determination/decision should be filed by either party with the Florida Department of Community Affairs no later than thirty (30) days after the occurrence of the local determination. 10. Nothing in the aforementioned procedures shall prohibit a person from filing a complaint directly with the U.S. Department of Housing & Urban Development, Fair Housing and Equal Opportunity Division, the Florida Department of Community Affairs, Bureau of Community Development, 255 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100 or the Special Programs Office, Monroe County Housing Authority, 1403 Ith Street, Key West, Florida 33040. Housing discrimination complaints or questions may also be filed by calling: HUD at 1-800- 424-8590; State at 1-800-342-8170, Special Programs Office, (305) 292-1221.