HomeMy WebLinkAboutRES NO 168-92RESOLUTION NO. 168-92
A RESOLUTION AUTHORIZING A COMPLAINT PROCEDURE
FOR DISABLED PERSONS PARTICIPATING IN CITY
SERVICES, PRO~RAMS AND ACTIVITIES.
WHEREAS, the federal regulations implementing Title 2 of
the Americans With Disabilities Act of 1990 requires that a public
entity designate an employee to investigate complaints that the
entity is not complying with the requirements of Title 2 and
implementing regulations; and
WHEREAS, the same federal regulations also require that
a public entity adopt and publish a complaint procedure providing
for the prompt and equitable resolution of complaints alleging any
action that would be a violation of Title 2; and
WHEREAS, the federal regulations implementing Title 5 of
the Rehabilitation Act of 1973 also require public entities to
adopt a complaint procedure and designate an employee to
investigate complaints of violations of that act; and
WHEREAS, it is the intent of this Council to designate
an employee to investigate complaints alleging violations of these
acts and their implementing regulations and to provide a complaint
procedure providing for the prompt and equitable resolution of any
such complaints.
NOW, THEREFORE, IT IS HER~YRESOLVEDANDORDE~RDby the
Council of the City of Bakersfield as follows:
The City Manager of the City of Bakersfield shall have
the responsibility for and is hereby delegated the authority to:
(1) develop policies encouraging city personnel
providing services, programs or activities to accommodate me~%bers
of the public who qualify under the Americans With Disabilities Act
or the Rehabilitation Act of 1973, (hereafter "disabled persons");
and
(2) develop and implement a complaint procedure within
the City administration providing for the prompt and equitable
resolution of complaints of disabled persons alleging City
violations of federal regulations implementing Title 2 of the
Americans With Disabilities Act and Title 5 of the Rehabilitation
Act of 1973; and
(3) publish the complaint procedure in the City
Administrative Rules and Regulations; and
ORIGINAL
(4) designate a City employee or his designee to
investigate such complaints and respond to the complainant as
required by federal regulations; and
(5) cause the City of Bakersfield to comply in all other
respects with the requirements of Title 2 and Title 5 of the
respective acts, except where further authority for incurring
expenses is required by the Bakersfield Municipal Code; and
(6) report to the City Council annually between January
and June of the fiscal year the number of complainants using the
informal complaint procedure, investigations cormmenced by the
designated investigator, results of investigations, actions taken
to resolve any violations detected by the investigator, and other
recommendations he may have regarding changes in the complaint
procedure or plans to change facilities or services so as to
accomplish the goals of the respective acts.
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ORIGINAL
I HEREBY CERTIFY that the foregoing Resolution was passed
~ ~ ~" ~ ~ ..... ~ -~ ~- ~ .... ~ Bakersfield
meeting thereof held on AU8 2 ~ ~99~ , by the following
vote:
NOES: COUNCILM~MBERS
ABSENT COUNC~LMEM~RS~
ABS~tN: C0UNCILMEMBEBS' ~
CITY CLERK and EX OFFICIO of the
Council of the City of Bakersfield
APPROVED
AU$ 2 6 1992
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
AMS/kf/meg
ADA-C2.R-2
8/20/92
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ORIGINAL