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HomeMy WebLinkAbout1992-292 .. 1 2 3 4 5 6 RESOLUTION NO. 92-292 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING A POLICY OF THE CITY TO COMPLY WITH THE CIVIL RIGHTS ACT OF 1964, THE EQUAL EMPLOYMENT ACT OF 1972, THE CIVIL RIGHTS ACT OF 1991 AND THE AMERICANS WITH DISABILITIES ACT, MAKING FINDING RELATIVE TO THE CITY'S COMPLIANCE THEREWITH, AND DIRECTING AMENDMENT OF THE CITY'S AFFIRMATIVE ACTION PLAN TO MAKE IT CONSISTENT THEREWITH. WHEREAS, the citizens that make up this country are both 7 male and female and are of all races, religions, and ethnic 8 backgrounds, and 9 WHEREAS, many of our ci 1.izens are also physically 10 handicapped, and 11 WHEREAS, it is through this variety and diversity that 12 America derives much of its streng~:h, and 13 WHEREAS, no citizen, no matter what his race, sex, age, 14 color, ethnicity, religion, national origin, physical handicap, 15 16 17 18 19 20 21 22 23 24 25 26 27 28 marital status, political affiliation, or personal belief should be restricted or denied in his access to the public facilities and institutions that serve him, and WHEREAS, the Congress of the United States has adopted the Civil Rights Act of 1964, the Equal Employment Act of 1972, the Civil Rights Act of 1991 and the Arrericans with Disabilities Act to assure that all citizens are treated equally before the law, and WHEREAS, the City of San Bernardino desires to express its support for these legislative enactments and to assure that the residents of this City are all treated equally with courtesy and respect by the official City bodies and representatives, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: DAB/ses/Affirmat.res 1 July 10. 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 1. The policy attached hereto as Exhibit A is approved and adopted as an official policy of the City of San Bernardino. SECTION 2. The City hereby finds that it is in compliance with the Americans with Disabilities Act, the Civil Rights Act of 1964, the Equal Employment Act of 1972 and the Civil Rights Act of 1991 and directs its officers and employees to continue and maintain such compliance insofar as said Acts apply to the City. SECTION 3. The Affirmative Action Officer is hereby directed to prepare an amendment to the City's Affirmative Action Plan to reflect the City's commitment to the attached pOlicy. III III III III III III III III III III III III III III III III III DAB/ses/Affirmat.res 2 July 10. 1992 1 RESOLUTION...APPROVING AND ADOPTING A POLICY OF THE CITY TO COMPLY WITH THE CIVIL RIGHTS ACT OF 1964, THE EQUAL EMPLOYMENT ACT 2 OF 1972, THE CIVIL RIGHTS ACT OF 1991 AND THE AMERICANS WITH DISABILITIES ACT... 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 20th day of July , 1992, by the following vote, to wit: Council Members: AYES ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER of ~~OregOing resolution , 1992. Approved as to form and legal content: JAMES F. PENMAN, City Attorney I 6'y DAB/ses/Affirmat.res NAYS ABSTAIN ABSENT x x x x x x x ~ ~<HL~ C1 Y lerk is hereby approved this c13mt day " ichael Maudsley, Mayor t}o Tern City of San Be nardino 3 July 10, 1992 POLICY The civil Rights Act of 1964, Public Law 92-261 of The Equal Employment Act of 1972, civil Rights Act of 1991 and the Americans with Disabilities Act (ADA) prohibits discrimination because of race, sex, age, color, ethnicity, religion, national, origin, physical handicap, marital status, political affiliation and/or beliefs, or any other category protected by law. Any person who perceives they have been excluded from participation in employment opportunities with the City or have been excluded from participation in or denied the benefits of any service, program or activity sponsored in whole or part by the city of San Bernardino, or anyone who believes that they have been subjected to discrimination in any form based upon race, sex, age, color, ethnicity, religion, national origin, physical handicap, marital status, political affiliation and/or beliefs and any other category protected by law may file a complaint alleging such discrimination. Therefore, all notices and all contracts and agreements and services to be provided to the city and for the city sponsored activities and programs, must contain information relating the requirement of civil Rights Act, Equal Employment Act, Vocational Rehabilitation Act and the Americans with Disabilities Act (ADA) The following will be printed on all brochure, flyers, notices, announcements, posters, etc., which gives information about programs, services, activities, and facilities The following will be included in contracts and agreements for services to be provided by private individuals and organizations for City sponsored programs and activities. agrees that during Contractor, Vendor, Organization activities described above, no person will be excluded from participation in, denied the benefits of our otherwise subj ected to discrimination on the basis of race, color, national origin, age, sex, or handicap, or any other category protected by law. COMPLAINT PROCEDURES 1. Should any individual complain to any City Department employee of alleged discrimination in conjunction with any City afforded services activities, programs and/or facilities, that person will be directed to the City Affirmative Action Office to complete a formal complaint form if the complaint cannot be resolved at the departmental level. 2. The Affirmative Action Officer will initiate an inquiry into the alleged discrimination complaint. Information as to the findings will be forwarded to all concerned parties as listed in paragraph 3 below. 3. Procedures for filinq and distributinq comnlaint forms & information When the individual files the formal complaint form, the transaction will be date stamped as being received in the Affirmative Action Office and entered into the Complaint Log. One copy of the form will be forwarded to the appropriate office in Washington D.C. when the complaint cannot be resolved at the local level. A second copy will be maintained in the Affirmative Action Office with an information copy forwarded to the interested city department. A fourth copy will be returned to the complainant. * The above requirements and procedures are provided for the guidance and direction of all city Department personnel as activities and services are planned and carried out. It is incumbent upon each City Department to insure that all requirements and procedures are followed and that individuals voicing complaints which cannot be resolved at the departmental level be directed to the Affirmative Action Office for filing a formal complaint form. The City of San Bernardino is also in the process of doing a handicap accessibility self-evaluation of all City owned and leased buildings to assure that under the requirement of the American Disability Act that city facilities meet handicap accessibility including building and site, and programmatic accessibility.