HomeMy WebLinkAboutR-2016-05 City of La Porte, Texas, Regarding Civil Rights for CDBG Project Number C2014-0043RESOLUTION NO. 2016- 2016 -OS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTS, TEXAS, REGARE3ING CIVIL RIGHTS
-FOR CnBG PROJECT NUMBER C2014-0043; FIN171NG COMPLIANCE WITH THE OPEN MEETINGS LAW;
ANI7 PROVInING AN EFFECTIVE SATE HEREOF.
Whereas, the City of La Porte, Texas, (hereinafter referred to as "City") has been awarded CE>BG funding through
a COBG grant from Harris County Community Services department (hereinafter referred to as Project
Number C2014-0043;
Whereas, the City of La Porte, in accordance with Section 109 of the Title I of the Housing and Community
E)evelopment Act. (24 CFR 6); the Age Eiscrimination Act of 1975 (42 U.S.C. 6101-6'107); and Section 504 of
the Rehabilitation Act of 1973 (29 U_S_C_ 794) and for construction contracts greater than $10,000, must take
actions to ensure that no person or group is denied benefits such as employment, training, housing, and contracts
generated by the CABG activity, on the basis of race, color, religion, sex, national origin, age, or disability;
Whereas, the City of La Porte, in consideration for the receipt and acceptance of federal funding for the Contract, -
agrees to comply with all federal rules and regulations including those rules and regulations governing citizen
participation and civil rights protections;
Whereas, the City of La Porte, in accordance with Section 3 of the Housing and Urban C)evelopment Act of 1968,
as amended, and 24 CFR Part 135, is required, to the greatest extent feasible, to provide training and
employment opportunities to lower income residents and contract opportunities to businesses in the CABG
project area;
Whereas, the City of La Porte, in accordance with Section 104(1) of the Housing and Community Development
Act, as amended, and State's certification requirements at 24 CFR 91 _325(b)(6), must adopt an excessive force
4ppolicy that prohibits the use of excessive force against non-violent civil rights demonstrations;
Whereas, the City of La Porte, in accordance with Section 504 of the Rehabilitation Act of 1973, does not
discriminate on the basis of disability and agrees to ensure that qualified individuals with disabilities have access
to programs and activities that receive federal funds; and
Whereas, the City of La Porte, in accordance with Section 8O8(e)(5) of the Fair Housing Act (42 USC 3608(e)(5))
that requires HUD programs and activities be administered in a manner affirmatively to further the policies of the
Fair Housing Act, agrees to conduct at least one activity during the contract period, to affirmatively further fair
housing;
NOW, THEREFORE, 13E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTS, TEXAS, THAT
THE CITY OF LA PORTS ADOPTS THE FOLLOWING:
1. Citizen Participation Plan and Grievance Procedures;
2. Section 3 Policy;
3_ Excessive Force Policy
4. Section 504 Policy and Grievance Procedures; and
5. Fair Housing Policy.
Passed d approved this � day ofp �'��✓l 2096_
Attest: „h'O By.
ity Secreta
ry L uis Rigby, a r
`- ity Attorney
CITIZEN PARTICIPATION PLAN
CITY OF LA PORTE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
COMPLAINT PROCEDURES
These complaint procedures comply with the requirements of the Harris County Community
Development Block Grant (CDBG) Program and Local Government Requirements found in 24 CFR
§570.486 (Code of Federal Regulations). Citizens can obtain a copy of these procedures at City Hall,
604 W Fairmont Parkway, La Porte, TX 77571-6215, (281) 470-5011 during regular business hours.
Below are the formal complaint and grievance procedures regarding the services provided under the
CDBG project.
1. A person who has a complaint or grievance about any services or activities with respect to the
CDBG project, whether it is a proposed, ongoing, or completed CDBG project, may during
regular business hours submit such complaint or grievance, in writing to the City Manager at 604
W Fairmont Parkway, La Porte, TX 77571-6215 or may call (281) 470-5011.
2. A copy of the complaint or grievance shall be transmitted by the City Manager to the entity that
is the subject of the complaint or grievance and to the City Attorney within five (5) working days
after the date of the complaint or grievance was received.
3. The City Manager shall complete an investigation of the complaint or grievance, if practicable,
and provide a timely written answer to person who made the complaint or grievance within ten
(10) days.
4. If the investigation cannot be completed within ten (10) working days per 3. above, the person
who made the grievance or complaint shall be notified, in writing, within fifteen (15) days where
practicable after receipt of the original complaint or grievance and shall detail when the
investigation should be completed.
5. If necessary, the grievance and a written copy of the subsequent investigation shall be forwarded
to the CDBG for their further review and comment.
6. If appropriate, provide copies of grievance procedures and responses to grievances in both
English and Spanish, or other appropriate language.
TECHNICAL ASSISTANCE
When requested, the City shall provide technical assistance to groups that are representative of
persons of low- and moderate -income in developing proposals for the use of CDBG funds. The City,
based upon the specific needs of the community's residents at the time of the request, shall determine
the level and type of assistance.
PUBLIC HEARING PROVISIONS
For each public hearing scheduled and conducted by the City, the following public hearing provisions
shall be observed:
Public notice of all hearings must be published at least seventy-two (72) hours prior to the
scheduled hearing. The public notice must be published in a local newspaper. Each public notice
must include the date, time, location, and topics to be considered at the public hearing. A
published newspaper article can also be used to meet this requirement so long as it meets all
content and timing requirements. Notices should also be prominently posted in public buildings
and distributed to local Public Housing Authorities and other interested community groups.
2. When a significant number of non-English speaking residents are a part of the potential service
area of the CDBG project, vital documents such as notices should be published in the
predominant language of these non-English speaking citizens.
3. Each public hearing shall be held at a time and location convenient to potential or actual
beneficiaries and will include accommodation for persons with disabilities. Persons with
disabilities must be able to attend the hearings and the City must make arrangements for
individuals who require auxiliary aids or services if contacted at least two days prior to the
hearing.
4. A public hearing held prior to the submission of a CDBG application must be held after 5:00 PM
on a weekday or at a convenient time on a Saturday or Sunday.
5. When a significant number of non-English speaking residents can be reasonably expected to
participate in a public hearing, an interpreter should be present to accommodate the needs of
the non-English speaking residents.
Corby . lexander, Ci Manager Date
049
SECTION 3 POLICY
In accordance with 12 U.S.C. 1701 u, (Section 3), the City of La Porte agrees to implement the following
steps, which, to the greatest extent feasible, will provide job training, employment and contracting
opportunities for Section 3 residents and Section 3 businesses of the areas in which the program/project
is being carried out.
A. Introduce and pass a resolution adopting this plan as a policy to strive to attain goals for
compliance to Section 3 regulations by increasing opportunities for employment and contracting
for Section 3 residents and businesses.
B. Assign duties related to implementation of this plan to the designated Civil Rights Officer.
C. Notify Section 3 residents and business concerns of potential new employment and contracting
opportunities as they are triggered by grant awards through the use of: Public Hearings and
related advertisements; public notices; bidding advertisements and bid documents; notification
to local business organizations such as the Chamber(s) of Commerce or the Urban League;
local advertising media including public signage; project area committees and citizen advisory
boards; local HUD offices; regional planning agencies; and all other appropriate referral sources.
Include Section 3 clauses in all covered solicitations and contracts.
D. Maintain a list of those businesses that have identified themselves as Section 3 businesses for
utilization in grant funded procurements, notify those businesses of pending contractual
opportunities, and make this list available for general Grant Recipient procurement needs.
E. Maintain a list of those persons who have identified themselves as Section 3 residents and
contact those persons when hiring/training opportunities are available through either the Grant
Recipient or contractors.
F. Require that all Prime contractors and subcontractors with contracts over $100,000 commit to
this plan as part of their contract work. Monitor the contractors' performance with respect to
meeting Section 3 requirements and require that they submit reports as may be required by HUD
or HCCSD to the Grant Recipient.
G. Submit reports as required by HUD or HCCSD regarding contracting with Section 3 businesses
and/or employment as they occur; and submit reports within 20 days of calendar year end which
identify and quantify Section 3 businesses and employees.
H. Maintain records, including copies of correspondence, memoranda, etc., which document all
actions taken to comply with Section 3 regulations.
As officers and representatives of the City of La Porte, we the undersigned have read and fully agree
to this plan, and become a party to the full implementation of this program.
Corby V Alexander, City Mana er Date
`•
Excessive Force Policy
In accordance with 24 CFR 91.325(b)(6), the City of La Porte hereby adopts and will enforce the
following policy with respect to the use of excessive force:
1. It is the policy of the City of La Porte to prohibit the use of excessive force by the law enforcement
agencies within its jurisdiction against any individual engaged in non-violent civil rights
demonstrations;
2. It is also the policy of the City of La Porte to enforce applicable State and local laws against
physically barring entrance to or exit from a facility or location that is the subject of such non-
violent civil rights demonstrations within its jurisdiction.
3. The City of La Porte will introduce and pass a resolution adopting this policy.
As officers and representatives of the City of La Porte, we the undersigned have read and fully agree
to this plan, and become a party to the full implementation of this program.
Corbyt. Alexander, City Vanager
17l ' ( �f/
Date «--
C.7
Section 504 Policy against Discrimination based on Handicap and Grievance Procedures
In accordance with 24 CFR Section 8, Nondiscrimination based on Handicap in federally assisted
programs and activities of the Department of Housing and Urban Development, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Section 109 of the Housing and
Community Development Act of 1974, as amended (42 U.S.C. 5309), City of La Porte hereby adopts
the following policy and grievance procedures:
1. Discrimination prohibited. No otherwise qualified individual with handicaps in the United States
shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity receiving Federal financial
assistance from the Department of Housing and Urban Development (HUD).
2. City of La Porte does not discriminate on the basis of handicap in admission or access to, or
treatment or employment in, its federally assisted programs and activities.
3. City of La Porte's recruitment materials or publications shall include a statement of this policy in
1. above.
4. City of La Porte shall take continuing steps to notify participants, beneficiaries, applicants and
employees, including those with impaired vision or hearing, and unions or professional organizations
holding collective bargaining or professional agreements with the recipients that it does not discriminate
on the basis of handicap in violation of 24 CFR Part 8.
5. For hearing and visually impaired individuals eligible to be served or likely to be affected by the
CDBG program, City of La Porte shall ensure that they are provided with the information necessary to
understand and participate in the CDBG program.
6. Grievances and Complaints
a. Any person who believes she or he has been subjected to discrimination on the basis of
disability may file a grievance under this procedure. It is against the law for City of La Porte
to retaliate against anyone who files a grievance or cooperates in the investigation of a
grievance.
b. Complaints should be addressed to the City Manager at 604 W Fairmont Parkway, La Porte,
TX 77571-6215 or call (281) 470-5011, who has been designated to coordinate Section 504
compliance efforts.
c. 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.
d. A complaint should be filed within thirty (30) working days after the complainant becomes
aware of the alleged violation.
e. An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation
will be conducted by the «Official_Title». Informal but thorough investigations will afford all
interested persons and their representatives, if any, an opportunity to submit evidence
relevant to a complaint.
46 f. A written determination as to the validity of the complaint and description of resolution, if any,
shall be issued by the City Manager, and a copy forwarded to the complainant with fifteen
(15) working days after the filing of the complaint where practicable.
g. The Section 504 coordinator shall maintain the files and records of the City of La Porte
relating to the complaints files.
h. The complainant can request a reconsideration of the case in instances where he or she is
dissatisfied with the determination/resolution as described in f. above. The request for
reconsideration should be made to the City of La Porte within ten working days after the
receipt of the written determination/resolution.
i. 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.
j. These procedures shall be construed to protect the substantive rights of interested persons,
to meet appropriate due process standards and assure that the City of La Porte complies
with Section 504 and HUD regulations.
Corby lexander, CK y Manager Date
Fair Housing Policy
In accordance with Fair Housing Act, the City of La Porte hereby adopts the following policy with respect
to the Affirmatively Furthering Fair Housing:
1. City of La Porte agrees to affirmatively further fair housing choice for all seven protected classes
(race, color, religion, sex, disability, familial status, and national origin).
2. City of LaPorte agrees to plan at least one activity during the contract term to affirmatively further
fair housing.
3. City of La Porte will introduce and pass a resolution adopting this policy.
As officers and representatives of the City of La Porte, we the undersigned have read and fully agree
to this plan, and become a party to the full implementation of this program.
Corb . Alexander, Cit Manager
llow 2- id
Date