HomeMy WebLinkAboutRES 3007CITY OF RENTON, WASHINGTON
RESOLUTION NO. 3007
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING
A POLICY TO FURTHER COMPLIANCE WITH THE AMERICANS WITH
DISABILITIES ACT.
WHEREAS, the federal government has adopted the Americans with
Disabilities Act; and
WHEREAS, the City of Renton wishes to fully comply with that
Act; and
WHEREAS, adoption of a policy in written form would assist the
City in complying with the policy; and
WHEREAS, the adopted policy would be distributed to all City
employees, would appear in all operational documentation including
bid calls, and would be permanently displayed in appropriate City
facilities;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DO RESOLVE AS FOLLOWS:
SECTION I. The above recitals are found to be true and
correct in all respects.
SECTION II. The attached policy entitled "Americans With
Disabilities Act Policy" is hereby adopted as the policy of the
City of Renton and the Council President, Mayor and City Clerk are
hereby directed to sign the policy as the official act of the City.
PASSED BY THE CITY COUNCIL this 4th day of October 1993.
AA/liU^7%MA^(^JAA
Marilyn (/.('Petersen, City Clerk
RESOLUTION NO. 30 07
APPROVED BY THE MAYOR this 4th day of October , 199 3
Tr ^ n>\)
Earl Clyitier, Maoyor
Approvoopas to form:
Lawrence J. Warden, City Attorney
RES.319:9/17/93
POLICY & PROCEDURE
Subject:
AMERICANS WITH DISABILITIES ACT
Index: PERSONNEL
Number: 300-56
Effective Date | Supersedes | Page
10/18/93 IN/A II of 4
Staff Contact |
B. Nelson GlodeI
approved fty
MA ^vv£^
1.0 PURPOSE
2.
To establish guidelines for the promotion of fair practice and nondiscrimination in all activities
relating to employment and assure access to other City services, programs and activities for
individuals with physical, sensory, or mental disabilities (ADA).
ORGANIZATIONS AFFECTED:
All departments/divisions and city officials.
3.0 REFERENCES:
City Resolution #2340, issued July 10, 1972. Revised Februaiy 9, 1976, June 2, 1980 and
Resolution # 3007, issued October 4, 1993; Section 504 of the Rehabilitation Act of 1973 and
the Americans with Disabilities Act of 1990.
4 POLICY:
It is the policy of the City of Renton to provide equal treatment and service to all persons; to
assure equal employment opportunity to qualified individuals with a physical, sensory or mental
disabilities and to provide reasonable accommodations which will remove barriers to
employment, as necessary; and to provide equal access to other City services, programs and
activities for individuals with physical, sensory or mental disabilities who are otherwise qualified
to participate.
5. DEFINITIONS:
5.1 Disability
(a) A physical, sensory or mental impairment that substantially limits one or more of the
major life activities; (b) a record of such an impairment; (c) being regarded as having
such an impairment.
5.2 Physical. Sensory or Mental Impairment • -
Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss
affecting one or more major body systems, any mental or psychological disorders, and
specific learning disabilities.
5.2 Major Life Activities
Functions such as caring for oneself, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning, and working.
5.3 Substantially Limits
The inability or significantly restricted ability to perform a major life activity that the
average person in the general population can perform.
5.4 Essential Functions
The fundamental job duties of the position as demonstrated, for example, by a job that
exists to perform those functions, or duties that persons with highly specialized
knowledge and abilities are hired to perform. Fundamental job duties do not include
marginal duties that could be performed by another person in a similar position.
5.5 Reasonable Accommodation
Modifications or adjustment to any part of the employment process or modifications to
the work environment. Examples include, but are not limited to, job restructuring,
modifications to facilities, or the provision of auxiliary aides which make it possible to
perform the work of the position or to participate in the service, program or activity.
5.6 Undue Hardship
Any accommodation that would be unduly costly, extensive, substantial, or disruptive, or
that would fundamentally alter the nature or operation of the City. (The decision that
compliance would cause undue hardship must be made after considering all resources
available for use in the funding and operation of the service, program, or activity, and
must include a written statement of the reasons for reaching that conclusion.)
"} 5.7 Direct Threat
A significant risk of substantial harm to the health or safety of a disabled individual or
others that cannot be eliminated or reduced by reasonable accommodation. Factors to
be considered include (a) the duration of the risk; (b) the nature and severity of the
• potential harm; (c) the likelihood that the potential harm will occur; and (d) the
imminence of the potential harm. (The decision that a direct threat exists must rely on
objective, factual evidence rather than subjective perceptions or suppositions.)
5.8 Services, Programs and Activities
Services, programs and activities of the City can be divided into two categories: (a)
those involving general public contact as part of the on-going operations of the City; (b)
those directly administered by the City for program beneficiaries and participants.
6.0 PROCEDURES:
6.1 Employment Procedures
6.1.1 All activities relating to employment such as recruitment, application, selection,
promotion, benefits, termination and training will be conducted in a manner
which does not illegally discriminate against qualified individuals with disabilities
who can perform essential job functions with or without reasonable
accommodation.
•> 6.1.2 The essential functions of each position to be filled will be identified so that an
A accurate assessment of the qualifications of all candidates, including individuals
with disabilities, can be made. The education, experience, knowledge, and skills
of all candidates will be evaluated to determine if they are qualified to perform
the essential functions of the position held or desired with or without reasonable
accommodation for individuals with disabilities.
6.1.3 Reasonable accommodations for qualified individuals with disabilities (which may
include assistance in the application and testing processes through personal
assistance or the provisions of aides, making facilities used by employees readily
accessible, modifications to the job, modifications to equipment, and auxiliary
aids, among other possible accommodations) will be made on a case by case basis
unless the accommodation would result in an undue hardship, a direct threat to
the health and safety of the disabled individual or others, or fundamentally change
the nature of the job. The accommodation requested by an individual with a
disability will be provided if feasible.
6.1.4 Examinations, training programs, public meetings, conferences, and other
gatherings will be held in facilities accessible to individuals with disabilities.
Notices of such gatherings will include the information that it will be held in an
accessible location.
6.1.5 Medical and/or psychological examinations, when required, will be conducted
after a conditional offer of employment has,been made. Post-offer medical
examinations and all other medical records will be confidential.
6.1.6. Individuals with chronic diseases defined as disabilities will not be discriminated
against, segregated, or subject to actions which cause disparate impact unless
medical evaluation shows that the disease is in an active and highly contagious
stage, in which case the appropriate action recommended by health care
practitioners will be taken to protect the individual, City staff and the public. The
medical records of individuals with chronic disease disabilities will be
confidential. In the case of individuals with certain disabilities, such as HIV
disease, the name and condition of the individual will also be kept confidential
unless released by the individual.
6.2 Accessibility and Communications
6.2.1 Designated members of each department will identify all services, programs and
activities, including new programs as they are developed, and evaluate the
accessibility of each program, in its entirety, to individuals with disabilities who,
with or without reasonable accommodation, are otherwise eligible for services or
participation in programs and activities provided by the City. Individuals with
disabilities and organizations representing them will be notified that they may
participate in the evaluation process by submitting comments.
6.2.2 Appropriate action will be taken to ensure that communications with applicants,
program participants, and members of the public with disabilities are as effective
as communications with others. Interpreters, TDD's or equally effective
telecommunication systems for communication with individuals with impaired
hearing or speech and audio tapes or other effective methods for communication
with individuals with impaired vision or reading ability will be provided, as
feasible. Printed materials will be clearly legible and printed in high contrasting
colors so that individuals with visual impairments, including color blindness, can
read them. Printed materials will be placed where smaller print can be read from
a wheelchair.
6.2.3 Insofar as possible, accessibility to existing City facilities will be accomplished
through methods other than extensive remodeling of the facilities. Where
structural modifications are required, a transition plan was developed. Existing
facilities will be modified as necessary at the time of a major remodeling, unless
to do so would result in a fundamental alteration of the nature of the program or
in undue financial and administrative burdens. Facilities under design and/or
constructed after January 26, 1992 will be built in a manner that makes the
facility or part of the facility readily accessible to individuals with disabilities.
6.3 Use of Contractors
When providing any aid, benefit, or service, individuals with disabilities will not be
denied the ability to participate because of contractual, licensing, or other arrangements.
Discrimination against individuals is not permitted by providing significant assistance to
an agency, organization, or person that discriminates. Contractors will be made aware of
this requirement and their performance monitored.
6.4 General
6.4.1 The Human Rights Commission will serve as the advisory committee on
Americans with Disabilities Act issues, such as assisting in the development of
programs, policies and procedures that do not discriminate against or segregate
individuals with disabilities,.to advise the City on auxiliary aides available to
individuals with disabilities and with any other matters related to accessibility and
non-discrimination towards individuals with disabilities.
6.4.2 Training will be provided periodically for employees regarding City policies and
practices and the legal protections afforded individuals with disabilities, and to
develop employee sensitivity to the needs and aspirations of individuals with
disabilities. Some training will also be included in the new employee orientation
program.
6.4.3 A grievance procedure is available upon request to individuals with disabilities
who believe that an action of the City was discriminatory or otherwise violated
their legal protections.
6.4.4 The Personnel Director will act as the City's general ADA Coordinator.
Employees with questions or individuals with disabilities seeking help or
information may contact the Personnel Department.
6.4.5 Each department will also appoint an ADA Coordinator to facilitate efforts to
identify and evaluate departmental services, programs and activities and prepare a
plan of action to provide accessibility of those services, programs and activities in
a non-discriminatory manner to individuals, with disabilities.
)
ATTACHMENT A
CITY OF RENTON
AMERICANS WITH DISABILITIES ACT
GRIEVANCE PROCEDURE
All complaints regarding alleged discrimination in employment or access to City services, activities and
programs will be submitted in writing to the Personnel Department for resolution. Written complaints
should be addressed to ADA Coordinator, City of Renton, 200 Mill Avenue South, Renton, WA 98055.
The decision of the ADA Coordinator will be made within fifteen days of the date the complaint is
received and sent to the complainant immediately thereafter. A record of the grievance and the decision
of the ADA Coordinator will be maintained in the Personnel Department ADA records.
If the complaint cannot be resolved to the satisfaction of the complainant by the ADA Coordinator, it
will be forwarded to the City of Renton Human Rights Commission.
The Commission's responsibilities in relation to the grievance procedure is to establish procedures for
hearing complaints concerning lack of access to City services, activities and programs or disparate
treatment in employment actions. The Commission will issue a written decision within 30 days of the
date the complaint is received and a recommendation for resolution submitted to the Mayor for
decision. The proceedings of the Commission will be directed in an unbiased, objective manner. A
record of the hearing will be maintained in the Personnel Department ADA records.
If the complainant is not satisfied with the recommendation made by the Commission, the complaint will'
be referred to the Mayor for a ruling. The determination of the Mayor must be made within 30 days of
the Commission recommendation. The decision of the Mayor is final. A record of the Mayor's
determination will be maintained in the Personnel Department's ADA records.
The individual's right to prompt and equitable resolution of the complaint must not be impaired by
his/her pursuit of other remedies, such as the filing of a complaint with the U.S. Department of Justice
or any other appropriate federal agency. Furthermore, the filing of a lawsuit in state or federal district
court can occur at any time. The use of this grievance procedure is not a prerequisite to the pursuit of
other remedies.
ATTACHMENT B
CITY OF RENTON
AMERICANS WITH DISABILITIES ACT
TRANSITION PLAN
CITY OF RENTON ADA POLICY
It is the policy of the City of Renton to promote and afford equal treatment and service to all persons; to assure
equal emplo.yment opportunity to qualified indh iduals with physical, sensory or mental disabilities and to provide
reasonable accommodations. which will remove barriers to the employment of such individuals as necessary,
dependent upon the City's ability and resources; and to provide, dependent upon ability and resources, equal
access to other City services, programs and activities, when viewed in their entirety, for individuals with physical,
sensory or mental disabilities who are otherwise qualified to participate. This policy shall be based on the
provisions of Section 504 of the Rehabilitation Act and the Americans with Disabilities Act and other applicable
federal, state and local laws and regulations. The Staff ADA Coordinator for the transition plan is Margaret
McDowell, Personnel Department. Departmental ADA Coordinators are Phil Jewett, Administrative Services
Department; Jim Shepherd, Community Services Department; Jack McLaughlin, Fire Department; Sherry Smith,
Police Department; Pat Porter, Planning/Building/Public Works Department.
TRANSITION PLAN FOR EMPLOYMENT
1. Recruitment, selection, promotion, benefits, training, termination and other personnel-related policies,
procedures and programs have been reviewed to eliminate any provisions that might tend to discriminate
against qualified individuals with disabilities who can perform job essential job functions with or without.
accommodation.
2. The essential functions of all classifications have been identified so that an accurate assessment of the
qualifications of all candidates, including individuals with disabilities can be made. The education,
experience, knowledge and skills of all candidates will be evaluated to determine if they are qualified to
perform the essential functions of the position held or desired with or without reasonable accommodation for
individuals with disabilities.
3. Reasonable accommodations will be made for applicants with disabilities as needed and requested.
Accommodations will be made on a case by case basis and may include assistance in the applications and
testing processes through personal assistance or the provisions of aides, making facilities used by employees
readily accessible, modifications to the job, modifications to equipment, and auxiliary aids, among other
possible accommodations. The accommodation requested by an individual with disability will be provided if
feasible.
4. The Personnel Department maintains a taped job line to orally transmit information about positions open to
the public, including individuals with disabilities. The City also provides written information about City
programs, including positions openings, through the City's television channel. A TDD will be purchased and
installed in the Personnel Department as soon as possible. Until the TDD is available, the Personnel
Department will make use of a TDD relay system.
5. All posters and announcements will be clearly legible, printed in high contrast colors and placed in physically
1 accessible locations for people in wheelchairs.
6. If accommodation is requested in the testing process, a suitable accommodation will be arranged unless the
test is designed to test sensory, manual or speaking skills which are necessary to perform the essential
functions of the job.
7. Examinations, training programs, meetings, conferences and other gatherings will be held in facilities
accessible to individuals with disabilities. The accessibility of each City facility will be assessed. Those that
are not accessible to individuals with disabilities will be modified, when possible, to make them accessible or
they will not be used for public programs or if employees or other individuals with disabilities would
otherwise attend or might wish to attend. Notices of such gatherings will include the information that it will
be held in an accessible location.
8. Medical examinations, when required, will be conducted after a conditional offer of employment has been
made. Post-offer medical examinations and all other medical records will be confidential. If an offer of
employment is withdrawn because of the medical examination, the reasons for the withdrawal will be made
only for job-related reasons that are consistent with business necessity and the City can demonstrate there is
not a reasonable accommodation which would enable an individual with disability to perform essential job
functions.
9. Individuals with chronic diseases defined as disabilities will not be discriminated against, segregated, or
subject to actions which cause disparate impact unless medical evaluation shows that the disease is in an
active and highly contagious stage, in which case appropriate action recommended by health care
practitioners will be taken to protect the individual, City staff and the public. The medical records of
individuals which chronic disease disabilities will be confidential. In the case of individuals with certain
disabilities, such as HTV disease, the name and condition of the individual will also be kept confidential unless
released by the individual.
^ TRANSITION PLAN FOR ACCESSIBILITY TO CITY PROGRAMS. SERVICES AND ACTIVITIES
A" ' :
The City of Renton will develop a procedure for keeping the results of the self-evaluation survey on file for three'
years and for making it available for inspection by interested people.
A draft policy and procedure on the City policies regarding nonnliscrimination against individuals with disabilities
has been prepared. When approved, a copy of the policy and procedure will be distributed to all departments.
All City employees will receive training in the provisions of the ADA as well as training to help employees
understand and be sensitive to the needs, concerns and abilities of individuals with disabilities and to assure their
acceptance and support of the City's non-discrimination policies. All employees will receive a copy of the City's
policy and procedure concerning non-discrimination against individuals with disabilities as part of the training.
It will be the City policy that individuals with disabilities are assured equal opportunities to participate as
members of City boards and commissions. The opportunity to participate on boards and commissions will be
made known to individuals with disabilities through the City's quarterly newsletter, the Renton Report, the
television channel and other methods and through the assistance of the Ad Hoc Citizen's Advisory Committee.
All public meetings will be held in accessible facilities and notice of the meetings will carry the information that
the facilities are accessible. City facilities which are not accessible to all individuals with disabilities will be
modified to provide accessibility if possible as soon as financially possible.
A grievance procedure for addressing complaints about inaccessibility for individuals with disabilities will be
\ developed and communicated to City staff so that they will know where to refer individuals with disabilities for
assistance with this procedure, if requested.
The City's programs, services and activities have been evaluated to determine their accessibility to qualified
persons with disabilities. Those programs, services and activities which do not meet the criteria for accessibility
will be modified to afford equal opportunities to individuals with disabilities. Whenever possible, the
modifications will be non-structural. Necessary structural modifications have been identified and alterations will
be made in order of priority as funds are available with the goal of meeting the January 26, 1995 compliance date.
CITY OF RENTON
SUMMARY OF AMERICANS WITH DISABILITIES ACT POLICY
ADOPTED BY RESOLUTION NO. 3007
The policy of the City of Renton is to promote and afford equal treatment and service to all citizens and to assure
employment opportunity to persons with disabilities, when the City of Renton can reasonably accommodate the
disability. This policy shall be based on the principles of equal employment opportunity, the Americans With
Disabilities Act and other applicable guidelines as set forth in federal, state and local laws. All departments of the City
of Renton shall adhere to the following guidelines:
(1) EMPLOYMENT PRACTICES - All activities relating to employment such as
recruitment, selection, promotion, termination and training shall be conducted in a non-
discriminatory manner. Personnel decisions will be based on individual performance,
staffing requirements, and in accordance with the Americans With Disabilities Act and
other applicable laws and regulations.
(2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of
Renton will cooperate fully with all organizations and commissions organized to
promote fair practices and equal opportunity for persons with disabilities in
employment and receipt of City services, activities and programs.
(3) AMERICANS WITH DISABILITIES ACT POLICY - The City of Renton Americans
With Disabilities Act Policy will be maintained to facilitate equitable representation
within the City work force and to assure equal employment opportunity and equal
access to City services, activities and programs to all people with disabilities. It shall
be the responsibility and the duty of all City officials and employees to carry out the
policies and guidelines as set forth in this policy
(4) CONTRACTORS' OBLIGATION - Contractors, subcontractors, consultants and
suppliers conducting business with the City of Renton shall abide by the requirements
of the Americans With Disabilities Act and promote access to services, activities and
programs for people with disabilities.
Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City,
including bid calls, and shall be prominently displayed in appropriate City facilities.
CONCURRED IN by the City Council of the City of Renton, Washington,
this 4th day of October 1993.
CITY OF RENTON RENTON CITY COUNCIL:
Mayor Council President
v Attest:
)MM£jjAmAJMiAy^^J
City Clerk