[Ord. No. 877,[1] § I, 9-12-2000; Ord. No. 996, § I,
6-26-2007]
In order to comply with MGL Title VII, Chapter 40, § 8J,
Disability commission; powers, duties, members and terms, there is
hereby established a municipal board to be known as the “Commission
on Disabilities of the City of Pittsfield” heretofor known as
the “Pittsfield Commission on Disabilities” and referred
to as the “Commission.”
[1]
Editor’s Note: This ordinance also repealed former Article
XLI, Commission on Disability, adopted 6-10-1992 by Ord. No. 709.
[Ord. No. 877, § I, 9-12-2000; Ord. No. 996, § I,
6-26-2007]
It is the policy of the City of Pittsfield to see that each
individual, regardless of physical or mental handicap, shall have
access to City services, programs and activities. It is also the policy
of the City of Pittsfield to identify, assess and remove handicaps,
which are imposed barriers that restrict a person’s access to
City services, programs and activities, therefore allowing the full
integration of people with disabilities in such City.
[Ord. No. 877, § I, 9-12-2000; Ord. No. 996, § I,
6-26-2007]
The function of the Commission shall be to implement the policy
of this article by the exercise of the following powers and duties:
(a)
To research and listen to the local problems of people with disabilities;
to assist these people with disabilities to advocate for the positive
resolution of said concerns by being an information, educational and
referral resource.
(b)
To provide a resource regarding disability access for City boards
and agencies, to effect an ongoing dialogue and exchange of views
among such boards and agencies and to help enable boards and agencies
to operate programs so that they are (programmatically and architecturally)
accessible to and usable by individuals with disabilities.
(c)
To review and make recommendations about policies, procedures, services,
activities and facilities of departments, boards and agencies of said
City as they affect people with disabilities.
(d)
To advise and assist municipal officials and employees in ensuring
compliance with state and federal laws and regulations that affect
people with disabilities.
(e)
To develop, complete and revise as needed the ADA Plan for the City.
(f)
To serve as a resource on federal and state regulations with respect
to barriers that restrict a person’s access to City services,
programs and activities, especially when City, state or federal funds
have been used for these services, programs, and activities. To assist
in the evaluation of current and proposed access requirements for
the said programs, services and activities.
(g)
To make suggestions and recommendations to and advise the Mayor,
City Council and its standing committees, Park Commission and Traffic
Commission of federal and state regulations and matters pertaining
to barriers that restrict a person’s access to City services,
programs and activities.
(h)
To investigate complaints regarding the elimination of barriers that
restrict a person’s access to City services, programs and activities.
(i)
To coordinate and carry out programs designed to meet the problems
of people with disabilities, in conjunction with the programs of the
Massachusetts Office on Disability.
(j)
To provide information, referrals, guidance and technical assistance
to individuals, public agencies, businesses and organizations in all
matters pertaining to disability.
(k)
To serve as a liaison with federal and state enforcement agencies.
[Ord. No. 877, § I, 9-12-2000; Ord. No. 996, § I,
6-26-2007]
All departments, boards and committees of the City of Pittsfield
having records, information, material, or services required by the
Commission in the discharge of its duties shall, if practicable, make
the same available to said Commission; and all such departments, boards,
and committees shall cooperate with said Commission in the discharge
of its duties.
[Ord. No. 877, § I, 9-12-2000; Ord. No. 996, § I,
6-26-2007]
(a)
In accordance with Article 2, Section 2-10, Article 3, Section 3-3, and MGL c. 40, § 8J, the Mayor shall appoint not fewer than five but no more than 13 regular members to the Commission on Disabilities subject to City Council approval. The majority of the members on the Commission shall be persons with disabilities; and further one member shall be a City official either elected or appointed; and further one member shall be an immediate family member of a person with a disability; and one member shall be a representative from a disability-related community agency and/or support group; and another shall be a representative of the Department of Community Development; and another person shall be a City Engineer; additional members may include a Building Inspector who shall serve in an ex officio capacity. The Mayor shall seek to find members with expertise who can contribute to the fulfillment of the purposes for which this Commission has been established. The members of the Commission shall serve without compensation. Excepting any reasonable excuse, the ex officio member set forth in this section is required to attend each meeting.
[Ord. No. 1132, § I, 4-14-2015; Ord. No. 1180, § I, 3-28-2017]
(b)
The Americans with Disabilities Act (ADA) Coordinator shall be an
ex officio member and shall clerk or be responsible for arranging
for a clerk for every meeting of the Commission on Disabilities. The
clerk will take all minutes for meetings of the Commission. The ADA
Coordinator shall attend all meetings of the Commission.
(c)
Excepting the City elected or appointed official, who shall serve so long as he/she is a City official, each member shall serve a term of three years. In the event of a vacancy, the Mayor shall appoint a successor as soon as practicable, subject to City Council approval, and said successor shall fulfill the unexpired term of the member whose seat was vacated. In accordance with Article 10, Section 10-6(a) of Chapter 72 of the Acts of 2013, the Commission shall choose, from among its own members, a Chairperson, a Vice Chair, a Secretary and any other officers it deems necessary.
[Ord. No. 1132, § II, 4-14-2015]
[Ord. No. 877, § I, 9-12-2000; Ord. No. 996, § I,
6-26-2007]
(a)
The Commission shall meet as frequently and at such times and places
as it may deem necessary for the proper exercise of its powers and
discharge of its duties, but at least once every month, for a minimum
of 10 months, annually. The Chairperson of the Commission may declare
vacant the seat of any member who misses three consecutive meetings
without a valid reason, as determined by the Chairperson. Upon such
vacancy, the Chairperson shall promptly notify the Mayor so that a
replacement can be appointed.
(b)
A majority of the members of the Commission shall constitute a quorum. A majority vote of those members present at a meeting shall be considered a vote of the Commission in accordance with Article 10, Section 10-6(e) of the City Charter enacted by Chapter 72 of the Acts of 2013.
[Ord. No. 1142, § XLIX, 9-29-2015]
[Ord. No. 877, § I, 9-12-2000]
The Commission may, with the approval of the Mayor and City
Council, on behalf of the City, accept contributions, grants, and
appropriations from other governmental agencies and from civic and
charitable functions, trusts and other organizations, private or public,
to effectuate the policy of this article.
[Ord. No. 877, § I, 9-12-2000]
If any provision or section of this article shall be held to
be invalid, then such provision or section shall be considered separately
and apart from the remaining provisions or sections of this article,
which shall remain in full force and effect.
