ORD 1992-02 - Americans With Disabilities 01-21-1991WHEREAS
WHEREAS
WHEREAS
ORDINANCE NO. 92- 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, RELATING TO AMERICANS WITH
DISABILITIES; INITIATING A SELF-EVALUATION OF
SERVICES, POLICIES, PRACTICES AND THE EFFECTS
THEREOF; PROVIDING NOTICE OF INFORMATION
RELATED TO AMERICANS WITH DISABILITIES ACT;
DESIGNATING RESPONSIBLE EMPLOYEE; ADOPTING A
GRIEVANCE PROCEDURE; PROHIBITING
DISCRIMINATION; AND MAKING OTHER PROVISIONS
RELATED THERETO.
Congress enacted the Americans with Disabilities Act on June 26, 1990; and
the Department of Justice has enacted rules regarding the implementation of
the Americans with Disabilities Act; and
it is the intent of the City of Huntsville to comply with the mandates of the
Americans with Disabilities Act despite the ambiguities or costs;
NOW, THEREFORE, be it ordained by the City Council of the City of Huntsville, Texas,
that:
SECTION 1: Self Evaluation Requirements.
(a) The City Council shall, by January 26, 1993, evaluate its current services, policies, and
practices, and the effects thereof, to determine whether they meet the requirements
of the Americans with Disabilities Act and its regulations (A.D.A.), and to determine
the extent modification of any such City services, policies, and practices is required,
and to schedule the necessary modifications.
The City Council shall provide an opportunity to interested persons, including
individuals with disabilities or organizations representing individuals with disabilities,
to participate in the self-evaluation process by submitting comments.
The City Secretary shall, for at least three years following completion of the self-
evaluation, maintain on file and make available for public inspection:
(1) a list of the interested persons consulted;
2,Z)
(2) a description of areas examined and any problems identified; and
(3) a description of any modifications made.
SECTION 2: Notice.
The City Manager shall make available to applicants, participants, beneficiaries, and other
interested persons information regarding the A.D.A., as it is applicable to the services,
programs and activities of the City, and make information available to them in a manner the
City Manager finds appropriate to apprise such persons of the protection against
discrimination assured them by the A.D.A.
SECTION 3:Designation of Responsible Employee and Adoption of Grievance Procedures.
(a) (1) The City designated its City Manager to coordinate its efforts to comply with
and carry out the responsibilities under the A.D.A..
(b)
(2) The City Manager, or a designee of the City Manager, shall investigate any
complaint communicated to the City Manager or any Councilmember alleging -
non- compliance with the A.D.A., or alleging any actions that would be
prohibited by the A.D.A.
(3)
The City shall make available to all interested individuals the name, office
address, and telephone number of the City Manager as the employee
designated by the City to be reasonable for A.D.A. compliance.
The City Council hereby adopts and publishes a grievance procedure, except for
employment, for prompt and equitable resolution of compliance alleging any action
of the City that would be prohibited by the A.D.A.:
(1) Any individual may complain to City Council during the citizen input section
of any agenda.
(2) The City Manager shall report back to Council at its next meeting regarding
the complaint.
(3)
The City Council will, upon receiving the City Manager's report, take such
action as it deems appropriate.
(c) All employee related grievances regarding the A.D.A. shall follow the procedure
provided by the City's personnel policies.
SECTION 4: General Prohibitions Against Discrimination.
(a) The City shall not exclude a qualified individual with a disability from participation
in or the benefits of services, programs, or activities of the City.
(b)
The City shall not, in providing aid, benefit, or service, directly or through contract,
licensing, or other arrangement, on the basis of disability:
(1) deny a qualified individual with a disability the opportunity to participate in
or benefit from the aid, benefit, or service of the City;
(2) afford a qualified individual with a disability the opportunity to participate in
or benefit from the aid, benefit, or service of the City that is not equal to that
afforded others;
(3)
provide a qualified individual with a disability with an aid, benefit, or service
that is not as effective in affording equal opportunity to obtain the same
result, to gain the same benefit, or to reach the same level of achievement or
that provided to others; or
(4) limit a qualified individual with a disability in the engagement of any right,
privilege, advantage or opportunity of the City enjoyed by others receiving the
aid, benefit or service.
(c) The City shall not deny a qualified individual with a disability the opportunity to
participate in service, programs, or activities that are not separate or different,
despite the existence of permissibly separate or different programs or activities.
(d) The City may not, directly or through contractual or other arrangement, utilize
criteria or methods of administration:
(1) that have the effect of subjecting qualified individuals with disabilities to
discrimination on the basis of disability; or
(2) that have the purpose or effect of defeating or substantially impairing
accomplishment of the objectives of the City's program with respect to
individuals with disabilities.
(e) The City may not, in determining its site or location of a facility, make selections:
(1) that have the effect of subjecting qualified individuals with disabilities to
discrimination on the basis of disability; or
(2) that have the purpose or effect of defeating or substantially impairing
accomplishment of the objectives of the City's program with respect to
individuals with disabilities.
(f) The City, in the selection of contractors, may not use criteria that subject qualified
individuals with disabilities to discrimination on the basis of disability.
(g)
The City shall make reasonable modifications in policies or procedures when the
modifications are necessary to avoid discrimination on the basis of disability, unless
the modifications would fundamentally alter the nature of the service, program or
activity of the City.
(h) The City shall not impose or apply eligibility criteria that tend to screen out an
individual with a disability unless such criteria is necessary for the provision of the
service, program, or activity being offered by the City.
SECTION 2: This ordinance shall take effect immediately.
PASSED AND APPROVED this v2I day of
ATTEST:
,,,,,,A)
-t)
Danna Welter, City Secretary
1992.
THE CITY OF HUNTSVILLE
W. H. Hodges, ayor