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Home My WebLink AboutRES NO 107-14RESOLUTION NO. 1 07- 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD ADOPTING THE PUBLIC NOTICE AND GRIEVANCE PROCEDURE AS REQUIRED UNDER THE AMERICANS WITH DISABILITIES ACT WHEREAS, the Americans with Disabilities Act of 1990 ( "ADA ") is important legislation for the residents of the City of Bakersfield; and WHEREAS, Title II of the ADA provides, in part, that "no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination" in programs or activities sponsored by a public entity; and WHEREAS, the City of Bakersfield is required to adopt and distribute a public notice about the relevant provisions of the ADA to all persons who may be interested in the City of Bakersfield's programs, activities and services; and WHEREAS, the City of Bakersfield is also required to adopt and publish procedures for resolving grievances arising under Title II of the ADA; and WHEREAS, grievance procedures set out a system for resolving complaints of disability discrimination in a prompt and fair manner; and WHEREAS, the City Council desires to adopt a public notice and an internal grievance procedure providing for the prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Justice regulations implementing Title II of the Americans with Disabilities Act. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 1. The City Council hereby adopts a Public Notice and Grievance Procedure implementing Title II of the ADA. 2. The City Council hereby approves the Public Notice, attached hereto as "Exhibit "A," and the City of Bakersfield's Grievance Procedure, attached hereto as Exhibit "B," in accordance with the ADA. •1• - Page 1 of 2 Pages - g A K,6 � T i-- m J � O ORIGINAL HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: YES, COUNCIL MEMBER RIVERA, MAXWELL, WEIR : SULLIVAN, JO< ON NOES: COUNCIL MEMBER IVCXIQ. AU LAIN: COUNCIL MEMBER ABSEN • COUNCIL MEMBER an � nnn�� irr� JUL 16 7614 i '�fd" ROBERTA GAFFORD, CFAt CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney i' JOSHUA H. RUDNICK Deputy City Attorney JHR:Isc S: \COUNCIL \Resos\ 13- 14 \ADA.N oticeGrievance.dou �gAK�c9 - Page 2 of 2 Pages - F- m v o ORIGINAL, Exhibit A ) Public Notice Under the he American with Disabilities Act In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ( "ADA "), the City of Bakersfield will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. Employment: The City of Bakersfield does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA. Effective Communication: The City of Bakersfield will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City's programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments. Modifications to Policies and Procedures: The City of Bakersfield will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. For example, individuals with service animals are welcomed in City's offices, even where pets are generally prohibited. Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of the City should contact the ADA Coordinator as soon as possible, but no later than 48 hours before the scheduled event. The ADA does not require the City of Bakersfield to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. Complaints that a program, service, or activity of the City is not accessible to persons with disabilities should be directed to: ADA Coordinator Caleb Blaschke City of Bakersfield - City Manager's Office 1600 Truxtun Ave, Bakersfield, CA 93301 Phone: (611) 326 -3745 Fax: (661) 324 -1850 E -mail: cblaschke @bakersfieldcity.us The City of Bakersfield will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids /services or reasonable modifications of policy, such as retrieving items from locations that are open to the Public, but are not accessible to persons who use a wheelchair. 1600 Truxtun Avenue • Bakersfield, CA 93301 • Phone: (661) 326 -3745 • Fax (661) 324 -1850 gA, KF O� 9�T >- m F- r v 6 ORIGINAL Exhibit B 1 \"W J Grievance Procedure Under the American with Disabilities Act This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ( "ADA "). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Bakersfield. The City's Human Resources Department administers Policy that governs employment - related complaints of disability discrimination. The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. A Grievance form is available for your convenience. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint will be made available for persons with disabilities upon request. The complaint should be submitted by the grievant and /or his /her designee as soon as possible, but no later than 60 calendar days after the alleged violation to: ADA Coordinator Caleb Blaschke City of Bakersfield - City Manager's Office 1600 Truxtun Ave, Bakersfield, CA 93301 Phone: (611) 326 -3745 Fax: (661) 324- 1850 E -mail: cblaschke@bakersfieldcity.us Within 15 calendar days after receipt of the complaint, the ADA Coordinator Caleb Blaschke or his designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the ADA Coordinator or her designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City of Bakersfield and offer options for substantive resolution of the complaint. If the response by the ADA Coordinator or her designee does not satisfactorily resolve the issue, the complainant and /or his /her designee may appeal the decision within 15 calendar days after receipt of the response to the City Manager or his designee. Within 15 calendar days after receipt of the appeal, the City Manager or his designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the City Manager or his designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. All written complaints received by the ADA Coordinator or her designee, appeals to the City Manager or his designee, and responses from these two offices will be retained by the City for at least two years. O�,;bAKe9�' -c� >- m 1600 Truxtun Avenue • Bakersfield, CA 93301 • Phone: (661) 326 -3745 • Fax (661) 324 -1850 v o nRIGINAl,.. Exhibit B a w City of Bakersfield COMPLAINT FORM Title II of the American with Disabilities Act Section 504 of the Rehabilitation Act of 1973 Discrimination Complaint Form Please fill out this form completely, in black ink or type. Sign and return to the address below: Name of person making this complaint: Address: City State Zip Telephone Number: E -mail address: If complainant is not the individual completing this form, please enter your: Name: Telephone Number: Other Contact Information: Describe the reason for your complaint: Signature: Please send the completed form to: Date: ADA Coordinator Caleb Blaschke City of Bakersfield — City Manager's Office 1600 Truxtun Avenue Bakersfield, CA 93301 Phone: (661) 326 -3745 Fax: (661) 324 -1850 Email: cblaschke @bakersfieldcity.us o``0AKF9�' M For more information or assistance in completing the form, please contact the ADA Coordinator. o r1RIGINAL