CC Resolution No. 2065RESOLUTION NO. 2065
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.
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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 l: 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 affirmativevot oj'the City Council of the City of
Baytown this the 27'" day of May, 2010. 1 /J
ACIO RAMIREZ, SR., t Attorney
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Exhibit "A"
Section 504 Grievance Procedure
The City of Baytown has adopted an internal grievance procedure providing for
prompt an 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: David Baker, Public Management, Inc.,
Project Manager, 2318 Center #111, Deer Park, TX 77536 (281) 479-1030,
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 David Baker, 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 David Baker, 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 files.
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
Exhibit "A"
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.