Loading...
HomeMy WebLinkAbout03/15/2005, C7 - RESOLUTION ADOPTING THE NOTICE AND GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT counat j acEnaa Report CITY OF SAN LUIS OBISPO FROM: Monica M. Moloney, Director of Human Resources`M _ SUBJECT: RESOLUTION ADOPTING THE NOTICE AND GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT CAO RECOMMENDATION Adopt and distribute the Notice Under the Americans with Disabilities Act and Grievance Procedure Under the Americans with Disabilities Act per the Settlement Agreement between the City of San Luis Obispo and the United States Department of Justice (USDOJ) effective December 14, 2004. DISCUSSION On November 20, 2003 Mayor Romero received a letter from Dana Jackson, Specialist, Disability Rights Section of the USDOJ informing him that the City of San Luis Obispo had been selected to participate in their "Project Civic Access" (PCA) initiative. The letter explained that the USDOJ, Civil Rights Division, Disability Rights Section is working with local governments around the country to assist them in coming into full compliance with Title lI of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and the Department's implementing regulation, 28 C.F.R. Part 35. Mr. Jackson informed staff that the City was selected based on its demographics,not because the USDOJ had received any citizen complaints. In preparation for the USDOJ audit, the Human Resources Director formed a committee of City employees that could provide information concerning the areas of review. At the end of a three day on-site review in January 2004, Mr. Jackson complimented the City on its progressive approach to providing equal access to people with disabilities. In addition, Mr. Jackson praised the City for its cooperation in the audit. Mr. Jackson also compiled a list of areas of non-compliance with ADA regulations and the timeframes in which the City would be required to reach compliance. Staff reviewed the proposal and made a counter proposal asking for additional time, which was subsequently granted by the USDOJ. A Settlement Agreement between the USDOJ and the City of San Luis Obispo was approved by Council on September 7,2004 and went into effect on December 14, 2004 when the USDOJ signed the agreement. The agreement includes a variety of provisions such as modifications to policies and procedures, signage, and facilities over the course of the next three years. Each provision is assigned a completion date and the City is required to provide the USDOJ with a summary report annually during the three year period. The Notice (Exhibit A) states that the City will not discriminate against qualified individuals with disabilities on the basis of disability in the City's services, programs, or activities. The Grievance Procedure (Exhibit B) establishes a formal procedure for those alleging discrimination on the basis of disability in the provisions of services, activities, Resolution Adopting Notice and Grievance Procedure Under the Americans With Disabilities Act Page 2 programs, or benefits by the City. The Notice and Grievance Procedure must be adopted and distributed prior to June 30, 2005. FISCAL IMPACT The fiscal impact is minimal because the distribution of the Notice and Grievance Procedure can be done internally and electronically with the exception of the requirement to run one advertisement in a local paper. There are adequate funds in the Human Resources' budget to pay for advertisements. ALTERNATIVES Council could elect not to adopt these documents, however, staff advises against that option because the City entered into the Settlement Agreement with the USDOJ in good faith. Adoption of the Notice and Grievance Procedure are part of the Settlement Agreement. ATTACHMENTS 1. Resolution (Exhibit A) Notice Under the Americans with Disabilities Act (Exhibit B) Grievance Procedure Under the Americans with Disabilities Act GAagenda reports\ADANotice&GrvncPrcdr.doc A BHT 1 Page 1 of 2 RESOLUTION NO. (2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE UNITED STATES DEPARTMENT OF JUSTICE (USDOJ) "NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT (ADA)" AND ADOPTING "THE CITY OF SAN LUIS OBISPO'S GRIEVANCE PROCEDURE UNDER THE AMERICAN WITH DISABILITIES ACT (ADA)" WHEREAS, the City of San Luis Obispo entered into a Settlement Agreement with the USDOJ on December 14, 2004; WHEREAS, the Settlement Agreement stipulates the City of San Luis Obispo will formally adopt the USDOJ Notice Under the ADA (Exhibit A) by June 14, 2005; WHEREAS, the Settlement Agreement further stipulates the City of San Luis Obispo will formally adopt The City of San Luis Obispo's Grievance Procedure Under the ADA (Exhibit B)by June 14, 2005; WHEREAS, the City of San Luis Obispo intends to comply with the Settlement Agreement and adoption of the Notice and Grievance Procedure are steps toward full compliance; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that it hereby approves the USDOJ Notice Under the ADA and approves the City of San Luis Obispo's Grievance Procedure Under the ADA. Upon motion of , seconded by , and on the following vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this 15"' day of March 2005. Mayor David F. Romero ATTEST: Audrey Hooper City Clerk R �� 3 Ar"ACHMENT 1 Ps ,2 of 2 Resolution No. (2005 Series) Page 2 APPROVED AS TO FORM: Jonathal P. well City Attorney Magenda repo tAResolution-ADA Notice and Grievance Procedure.doc C•�� [� EXHIBIT A ;e 1 of 2 NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT d.. In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, the City will not discriminate against qualified individuals with disabilities on the basis of disability in the City's services, programs, or activities. Employment. The City does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the Americans with Disabilities Act(ADA). Effective Communication: The City will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City's programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments. Modifications to Policies and Procedures: The City will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all City programs, services, and activities. For example, individuals with service animals are welcomed in City offices, even where pets are generally prohibited. Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a City program, service, or activity, should contact the ADA Coordinator, at (805) 781-7250 as soon as possible but no later than 48 hours before the scheduled event. The ADA does not require the City to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. S� EffiBIT A Page 2 of 2 Complaints that a City program, service, or activity is not accessible to persons with disabilities should be directed to: ADA Coordinator c/o Department of Human Resources City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 The City will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs. C:\DDNME-I4louscrU.00ALS-1\TempWOTICEUNDER THE AMERICANS WITH DISABD..i7'ES ACT.dnc _ l EffiBIT B Page 1 of 2 City of San Luis Obispo Grievance Procedure Under The Americans with Disabilities Act This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City. The City's Personnel Policy governs employment- related complaints of disability discrimination. The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint will be made available for persons with disabilities upon request. The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to: ADA Coordinator c/of Department of Human Resources City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Within 15 business days after receipt of the complaint, the ADA Coordinator or his/her designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 business days of the meeting, the ADA Coordinator or his/her designee will respond in writing, and where appropriate, in format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City and offer options for substantive resolution of the complaint. If the response by the ADA Coordinator or his/her designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 business days after receipt of the response to the City Administrative Officer or his/her designee. Within 15 business days after receipt of the appeal, the City Administrative Officer or his/her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 business days after the meeting, the City Administrative Officer or his/her designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. EXHIBIT B Page 2 of 2 All written complaints received by the ADA Coordinator or his/her designee, appeals to the City Administrative Officer or his/her designee, and responses from these two offices will be retained by the City for at least three years. G:WDA AUDIT 2(M%Grfevnvice Pmced=Under d¢ADAdoc i rj