[Ord. No. 26116, 1-12-1987; Ord. No. 31417, 8-2-2010]
There is hereby established, in accordance with the provisions
of General Laws, Chapter 40, § 8J, the Disability Commission.
[Ord. No. 26116, 1-12-1987; Ord. No. 30417, 5-22-2006; Ord. No. 31417, 8-2-2010]
(a)
Appointment of members; compensation. The Commission shall consist
of seven members who shall be appointed by the Mayor and confirmed
by the City Council and one of the members shall be either an elected
or appointed official of the City. A majority of the members shall
consist of handicapped persons. Each member shall be a resident of
the City. Each of the seven permanent members of the Commission shall
be entitled to a stipend, in an amount established by ordinance for
each meeting of the Waltham Disability Commission or hearing conducted
by the Waltham Disability Commission in which said permanent member
actually participates as such a member. A permanent member shall be
eligible for only one such stipend per day, regardless of the number
of meetings and/or hearings conducted on such a day, and shall receive
no other compensation for serving as a member. For the purpose of
this section a site view, site visit or such activity shall not be
considered a meeting or hearing.
(b)
Terms of office of members; vacancies.
(1)
The initial appointment of the members shall be as follows:
Three members of the Commission shall serve for a term ending December
31, 1987, two members shall serve for a term ending December 31, 1988,
and two members shall serve for a term ending December 31, 1989.
(2)
The respective successors of each such member, shall be appointed
for terms of three years. Each member shall serve until such time
as his successor is appointed and qualified.
(3)
If for any reason, a vacancy occurs in the membership of the
Commission, the vacancy shall be filled forthwith by the Mayor with
Council approval for the unexpired term.
(c)
Election of Chairman. The Chairman of the Commission shall be elected
annually by a majority vote of all of the members of the Commission
prior to March 31.
[Ord. No. 26116, 1-12-1987]
(a)
The Commission shall research local problems of handicapped persons
and shall coordinate the activities of other local groups organized
for similar purposes, and may advertise, prepare, print and distribute
books, maps, charts, plans and pamphlets necessary for its work. The
Commission shall keep records of its meetings and actions and shall
file an annual report which shall be printed in the City annual report
and shall have at least six meetings annually.
(b)
The Commission may, in the name of the City and its own name, apply
for and receive grants and funds from private and public sources,
including grants from governmental agencies.
(c)
All gifts received by the Commission, from whatever source, shall
be managed and controlled by the Commission for the purposes as herein
set forth; provided, however, that any expenditure of funds, however
obtained, shall be subject to appropriation by the City Council in
accordance with the provisions of § 53A, Chapter 44 of the
General Laws.
(d)
The Commission may accept, subject to the approval of the City Council,
gifts of property, both real and personal and may accept gifts, contributions
and bequests of funds from individuals, foundations and from federal,
state and other governmental bodies for the purpose of furthering
the Commission's program.
(e)
The Commission may establish such rules and regulations as it may
deem prudent for the conduct of its business.
(f)
The Commission shall coordinate and carry out programs designed to
meet the problems of the handicapped in coordination with programs
of the office of handicapped affairs.
[Ord. No. 26116, 1-12-1987]
The functions of the Commission shall include the following:
(1)
To identify, analyze, evaluate and monitor public policies, programs,
services and regulations that affect or may affect persons with disabilities.
(2)
To utilize a system of collection of information for the purposes
of identifying inadequate or inaccessible programs and services, and
duplication of programs and services.
(3)
To make recommendations and to provide comprehensive coordination
and support to appropriate City departments concerning public policies,
programs, services and regulations as they affect or may affect persons
with disabilities.
(4)
To develop and promote information and referral services and such
other assistance to disabled persons as may be appropriate regarding
programs, services, rights and opportunities for persons with disabilities.
(5)
To identify and recommend to local agencies, departments and organizations
appropriate sources of City, state and federal funds which are available
for expanding or improving services and programs for persons with
disabilities.
(6)
To provide the City's Personnel Department with technical assistance
as to how to ensure reasonable accommodation, auxiliary aids and general
access to the employment process for persons with disabilities. Such
technical assistance shall include but not be limited to the review
of:
(7)
To address the transportation needs of the City's disabled population.
The Commission shall recommend to the Mayor, the establishment of
such policies, ordinance, and activities of City departments necessary
to assure progress toward the accomplishment of plans for meeting
the transportation needs of persons with disabilities and monitor
the implementation of such plans.
(8)
To promote the advancement of the legal and civil rights of all persons
with disabilities in the City.
(9)
To work in conjunction with the personnel department for the purpose
of effecting the compliance by all City departments with Section 504
of the Federal Rehabilitation Act of 1973 and all related rules and
regulations requiring all federally assisted programs, activities
and services to be readily accessible to and usable by persons with
disabilities; to monitor compliance with departmental self-evaluation
and transition plans, and to correct any noncompliance with said plans.
(10)
To consult with the Personnel Department in order to develop necessary
training and development programs for City personnel in order to increase
their sensitivity and awareness of the real and artificial barriers
faced by persons with disabilities in their effort to live independently
and to benefit from all City-sponsored programs, activities and services.
(11)
To prepare and submit to the Mayor and City Council, an annual report
which shall be a public document, and which shall include; the description
and evaluation of the activities of the Commission in implementing
the aforesaid duties and functions; the description, evaluation and
analysis of public policies, programs, services and regulations that
affect or may affect persons with disabilities; and, recommendations
for the development, coordination and improved responsiveness of such
policies, programs, services and regulations.
[Ord. No. 26116, 1-12-1987]
For purposes of this article, a person with a disability shall
be defined as set forth in Title 29 United States Code Section 706
(Federal Rehabilitation Act of 1973).
[Ord. No. 26116, 1-12-1987]
Beginning in 1987, and every year thereafter, the Commission
shall elect the Chairman from among its own number. The Chairman shall
annually appoint a member to serve as Secretary. If the Secretary
is absent from a meeting, the Chairman shall designate another member
to function as Secretary for that meeting. If the Chairman is absent
from a meeting, the Secretary shall assume the chair. If both the
Secretary and the Chairman are absent, the member with the most seniority
shall assume the chair. A majority of the Commission shall constitute
a quorum for the transaction of business.
[Ord. No. 26116, 1-12-1987; Ord. No. 31417, 8-2-2010]
(a)
Frequency of meetings; notice required for special meetings. The
Waltham Disability Commission shall meet at such times as may be necessary
for the proper exercise of its powers and duties. Special meetings
may be called by the Chairman, provided that forty-eight-hour notice
is given the other Commission members, either in writing or by telephone
contact. Notice shall be posted in accordance with the Open Meeting
Law, Massachusetts General Laws, Chapter 39, §§ 23A
through 23C. The Chairman is responsible for setting the agenda for
each regular and special meeting.
(b)
Rules of procedure. An affirmative vote of four members is required
for any motion to pass. The Chairman may limit presentations from
interested parties and guests, provided that he does so prior to the
beginning of the debate or presentation, and provided that a minimum
of 10 minutes be given to each side debating or presenting an issue.
The Commission may make such additional rules and regulations for
its own government and in relation to its officers and members as
it may deem expedient and proper. On all matters of parliamentary
procedure not provided for in these rules or by law or ordinance,
Robert's Rules of Order shall govern.
(c)
Public hearings. The Commission may hold public hearings when, in
its discretion, the Commission feels that such public hearings are
advisable or when required by law.
[Ord. No. 26116, 1-12-1987; Ord. No. 31417, 8-2-2010]
The Waltham Disability Commission shall keep a detailed record
of its acts and proceedings and shall make an annual report to the
Mayor in connection with such record.
