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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