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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. .......... o0o .......... 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 - 3 - ORIGINAL