CC Resolution No. 2349RESSOLUTION NO. 2349
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADOPTING A GRIEVANCE PROCEDURE TO IMPLEMENT SECTION 504 OF THE
REHABILITATION ACT OF 1973 AS REQUIRED BY THE TEXAS DEPARTMENT
OF RURAL AFFAIRS FOR THE CDBG DISASTER RECOVERY GRANT
PROGRAM AND DESIGNATING A SECTION 504 STANDARDS OFFICER; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, Section 504 of the Rehabilitation Act of 1973 specifies, in part, that an otherwise
qualified handicapped individual shall not, solely by reason of his/her handicap, be excluded from
receiving financial assistance; and
WHEREAS, the Texas Department of Rural Affairs requires that recipients of the CDBG Disaster
Recovery Grant Program adopt an internal grievance procedure; and
WHEREAS, such procedure is to provide for prompt and equitable resolution of complaints
alleging any action in violation of Section 504 of the Rehabilitation Act of 1973, as amended; and
WHEREAS, the procedure adopted herein establishes the complaint procedure and designates a
Section 504 Officer /Coordinator; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby adopts a grievance
procedure to implement Section 504 of the Rehabilitation Act of 1973 as required by the Texas
Department of Rural Affairs for the CDBG Disaster Recovery Grant Program and designates a Section
504 Standards Officer. The grievance procedure is attached hereto as Exhibit "A" and incorporated
herein for all intents and purposes.
Section 2: This resolution shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED, by the affirmative ybte f the City Council of the City of
Baytown this the 26"' day of March, 2015. A
H. DONCARLOS,
A
Clerk
APPROVED AS TO FORM:
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4AAeCIO RAMIREZ, SR., it A torney
RitKaretfTiles;City Council',Resolutions 15\March 261TDRAGrievanceProcedure.doc
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4AAeCIO RAMIREZ, SR., it A torney
RitKaretfTiles;City Council',Resolutions 15\March 261TDRAGrievanceProcedure.doc
Exhibit "A"
Section 504 Grievance Procedure
The City of Baytown has adopted an internal grievance procedure providing for prompt and
equitable resolution of complaints alleging any action prohibited by the U.S. Department of
Housing and Urban Development regulations (24 CFR Subpart A Sec. 8.4(a) implementing
Section 504 of the Rehabilitation Act of 1973 as amended (29 USC 794). Section 504 states,
in part that "No otherwise qualified handicapped individual shall, solely by reason of his
handicap, be excluded from the participation in, denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance..."
Complaints should be addressed to: Patrick Wiltshire, Public Management, Inc., Project
Administrator /Chief Operating Officer, 207 S. Bonham, Cleveland, Texas 77327, (281)
592 -0439, who has been designated to coordinate Section 504 compliance efforts.
A complaint should be filed in writing or verbally, contain the name and address of the person
filing it, and briefly describe the alleged violation of the regulations.
A complaint should be filed within ten (10) working days after the complainant becomes aware
of the alleged violation. (Processing of allegations of discrimination occurring before this
grievance procedure was in place will be considered on a case -by -case basis).
An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation
will be conducted by Patrick Wiltshire, Public Management, Inc. These rules contemplate
informal but thorough investigations, affording all interested persons and their representatives,
if any, an opportunity to submit evidence relevant to a complaint.
A written determination as to the validity of the complaint and description of resolution, if any,
shall be issued by Patrick Wiltshire, Public Management, Inc., and a copy forwarded to the
complainant no later than ten (10) working days after its filing
The Section 504 Coordinator shall maintain the files and records of the City of Baytown
relating to the complaints filed.
The complainant can request a reconsideration of the case in instances where he or she is
dissatisfied with the resolution. The request for reconsideration should be made within ten
working days to the City of Baytown.
The right of a person to a prompt and equitable resolution of the complaint filed hereunder
shall not be impaired by the person's pursuit of other remedies such as the filing of a Section
504 complaint with the U.S. Department of Housing and Urban Development. Utilization of this
grievance procedure is not a prerequisite to the pursuit of other remedies.
These rules shall be construed to protect the substantive rights of interested persons, to meet
appropriate due process standards and assure that the City of Baytown complies with Section
504 and HUD regulations.