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HomeMy WebLinkAbout1992-07-28; City Council; 11816; AMERICANS WITH DISABILITIES ACT GREIVANCE PROCEDURE POLICY AND COMPLIANCE ACTION PLAN. *- t AMERICANS WITH BISABILITIES AGT Adopt Resolution No. ?x-% 0 approving a grievance procedure policy and compliar in response to the Americans with Disabilities Act. ITEM EXPLANATION: The Americans with Disabilities Act (ADA) provides protection for the disabled against in areas of employment, State and local government services, public accommi telecommunications. Individuals are protected under the act if they have a physi impairment that substantially limits a "major life activity" such as walking, seeing, hearin performing manual tasks. Most local governments, including Carlsbad, are recipiei financial assistance, and therefore, must already prohibit discrimination against the disa Rehabilitation Act of 1973. ADA extends Rehabilitation Act regulations to all local go\ includes some additional requirements. A task force has been formed to ensure that the City is in compliance with all ADA Members of the task force have completed inspections of City facilities to determine w are needed to ensure that the disabled have access to City services, programs and a( alterations must be completed prior to January 26, 1995. Surveys have also been condi comments from City employees and the public on what might be done, so that the ( accommodate the disabled.Results of the inspections and surveys have been used Compliance Action Plan (included as Exhibit A to Resolution No.- to meet the . The Compliance Action Plan does not commit the City to expend the amount of funds ic plan. The estimated amounts listed in the plan would fund improvements to mer requirements by physically modifying the facilities. There are other alternative mean! compliance which may not necessarily require all of those alterations listed in tt completed. Staff will evaluate those alternatives before they return to Council with rect for appropriating funds. with ADA requirements. There may be other acceptable methods for meeting ADA requir consideration. 8 + '. : ~ Page Two of Agenda .I -4 I No. / 1: 8 16 e '. The ADA Task Force and Finance Department staff are exploring alternative source funding the projects, including the Capital Improvement Program, City Operating Buc General Fund Reserves, and Community Development Block Grants. The City could possible fines, court actions, or loss of federal funds if it does not comply with the act Although Federal tax incentives are available for the private sector to recover some o costs incurred as a result of complying with the act, local and state governments do have any means of recovering such costs. Council may wish to encourage Congressi representatives to introduce legislation which would allow state and local governmen be reimbursed for some or all of those costs. EXHIBITS: 1. Resolution No. qa-27 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I' e 0 RESOLUTION NO. 92-240 A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A POLICY IMPLEMENTING GRIEVANCE PROCEDURES AND A COMPLIANCE ACTION PLAN FOR MEETING REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT. WHEREAS, The United States Congress has enacted the Americans with Di Act (the "Act") to provide a national mandate for the elimination of discrimination as individuals with disabilities; and WHEREAS, the Act requires public entities to disseminate information to ap participants, beneficiaries and other interested parties to inform them of the rights protections afforded by the Act; and WHEREAS, the Act requires public entities to designate an employee respi ensuring that their organization complies with the Act, establish a grievance procc assist individuals in resolving complaints and establish an action plan to describe facilities will be altered to provide access for disabled individuals; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C California, as follows: 1. 2. That the above recitations are true and correct. That the City Manager is hereby designated as the employee respc I ensuring that the City complies with the Act and that the City Manager may deles 20 21 22 23 24 25 26 27 28 so long as the name, title and location of the responsible employee is posted so individual with a complaint can easily locate the person. 3. That the Americans with Disabilities Act Compliance Action Plan a Exhibit A, which identifies facilities in need of modification to meet Americans wit Act requirements, is approved, and physical or other remedial measures will be 1 ensure the City is in compliance with the act. 'Ii /if 111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l? 18 19 20 21 22 23 24 25 26 27 20 e a 4. That City Council Policy Number 52, Grievance Procedure Policy foi of Non-Compliance with Americans with Disabilities Act, attached as Exhibit 6, is i PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbac Council held on the 28thday of JULY , 1992 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton NOES: None f / f d /l /k//. I/ I ABSENT: Council Member Nygaard ///4{ , 1 &L&JDE A. LEhlSyMay$r - ATTEST: [UJk 4. ih ALETHA L. RAUTENKRANZ, City Clerk 1 (SWL) u,, IIY4 I e e CITY OF CARLSBAD AMERICANS WITH DISABILITIES ACT COMPLIANCE ACTION PLAN President George Bush signed the Americans with Disabilities Act (ADA) on July 26, 1990 its provisions went into effect on January 26, 1992. The act provides comprehensive civil ri protection to the disabled in the areas of employment, State and local government serv public accommodations, and telecommunications. An individual is considered to be disabled protected under the act if they have a physical or mental impairment that substantially lim major life activity such as walking, seeing, hearing, speaking, or performing manual tasks. An ADA Task Force has been established to ensure that the City of Carlsbad complies with requirements. An evaluation of all City services, programs, and activities is being conduct determine how disabled individuals are accommodated or how they can be accommodat the future. A report on the findings of the evaluation will be completed and made available I public prior to January 26,1993. City of Carlsbad facilities have also been inspected to detei what alterations are needed for them to meet Americans with Disabilities Act requirements necessary alterations are listed on the attached pages along with the estimated costs and in which each project will be completed. The City Manager is responsible for implementin modifications identified in this transition plan. City employees and the public have also been surveyed to identify how the City can 1 accommodate the disabled. Suggestions obtained through the surveys, and responses to suggestions from the ADA Task Force, are summarized below: A number of survey respondents commented on the fact that there is no handicapped pz or access to City Hall from the main parking lot. Handicapped parking and access is prc in the smaller parking lot in the rear of the building. There is a sign indicating this in the parking lot. A larger sign will be installed to provide better notice concerning whei handicapped parking is located. Several suggestions concerned modifications to restrooms and public telephones in City fa to make them more accessible to disabled individuals. Restrooms will be modified to accommodate the disabled as outlined on the attached pages and the ADA Task Forc requested that the telephone company install phones for the disabled. Two survey respondents suggested that more citations be issued to those illegally u handicapped parking areas. The Police Department has been notified of problem areas ind in the survey responses. A group of suggestions concerned equipment that could be installed in the library to accommodate patrons with vision impairments. The library has recently installed a print mr which was suggested, but will not be able to provide a speech synthesizer for the on-line system as suggested because it is not compatible with the INLEX system currently bein! A telephone device for the deaf (TDD) will also be installed in the library and the current E will be renovated, or replaced, to meet ADA requirements as part of the future library renc I 0 0 ~ ADA ACTION PIAN Page 2 One respondent suggested that employment messages for the hearing impaired be provi The Human Resources Department is currently evaluating the most effective method for prov this service. 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Pi 2 &Ti a$: ksPi 2 v- .-I a no 3:r; 8+ L e 0 Exh CITY OF CARLSBAD Policv No. 52 Effective Date July SuDersedes No. COUNCIL POLICY STATEMENT Date Issued July 28 General Subject: AMERICANS WITH Cancellation Date DISABILITIES ACT (DA) Specific Subject: GRIEVANCE PROCEDURE FOR ALLEGATIONS OF NON-COMPLIANCE WITH ADA Copies to: City Council, City Manager, City Attorney, Departmeni Divisions Heads, Employee Bulletin Boards, Press, File PURPOSE: The Americans with Disabilities Act (ADA) Grievance Procedure i describe the steps to follow if one files a grievance. A grieulance for purpose is an allegation of noncompliance with a provision of Titles or V of ADA. PoLICp: The City of Carlsbad will make all reasonable accommodaiions for The City will attempt to resolve disputes or allegations of non-compli with ADA informally. Where appropriate and permitted by law, dis resolution may include fact fifidi. :g, conciliation, facilitation, mediatic arbitration. The filing of this grievance does not preclude an info resolution. PROCEDURE: Grievances shall be processed in the following manner. 1. disabled with regard to employment. programs and facilities. Within fifteen (15) calendar days after a grievant knew, c reasonable diligence should have known, of the condition which the grievance may be based, the grievant shlall attem resolve it by filing a grievance. Any grievance that has not informally resolved may be filed verbally or in writing tc personal letter or by the City’s Grieuance Fonn Assistant City Manager’s office. A written grievance may 1 .. e 0 ! CITY OF CARLSBAD Policy No. 52 Effective Date Supersedes No. COUNCIL POLICY STATEMENT Date Issued General Subject: AMERIC * NS WITH Cancellation Date DISABiLITIES ACT (ADA) Specific Subject: GRIEVANCE PROCEDURE FOR ALLEGATIONS OF NON-COMPLIANCE WITH ADA Copies to: City Council, City Manager, City Attorney, Department Divisions Heads, Employee Bulletin Boards, Press, File PROCEDURE (continued): 2. The grievance must contain the following information: Name, address and phone number of the grievant e Specific identifkation of the provision(s) of ADA that the e Facts related to issue, such as witnesses, dates, act may not be in compliance locations e Specific request for remedy or resolution 3. Upon receipt of the grievance, the City shall act withir Within ten (10) working days from the date of receipt c grievance the Assistant City Manager, or a designate, render a decision in writing. Such response shall includ Grievance Response Form and the written decisic Assistant City Manager as attachment to the Response FI Within ten (10) working days the grievant's response t decision shall be on the Response Form, indicating agreement with or appeal of the Assistant City Man decision. Within ten (10) working days of receipt of the grie' appeal, the City Manager, or a designate, shall contat grievant and/or the grievant's representative to sched mutually convenient meeting to review the appeal. following guidelines: a) b) c) a 0 .- CITY OF CARLC 3AD Policv No. 52 Effective Date SuDersedes No. COUNCIL POLICY STATEMENT Date Issued General Subject: AMERICANS WITH Cancellation Date DISABILITIES ACT (ADA) Specific Subject: GRIEVANCE PROCEDURE FOR ALLEGATIONS OF NON-COMPLIANCE WITH ADA Copies to: City Council, City Manager, City Attorney, Departmer Divisions Heads, Employee Bulletin Boards, Press, Filt PROCEDURE (continued): d) Within ten (10) working days after the scheduled meet the City Manager, or designate, shall render a decisio1 writing. Such response shall include the Response Form, initial decision letter from the Assistant City Manager, the written decision of the City Manager as a sec attachment to the Response Form. The decision of the City Manager is final. The grievant accept the decision by indicating such on the Response 1 and returning to the City Manager within ten (10) wor days of the date of the final decision. e) 0 * , - d- - CrrYOlEF~~ Carlsbad, CA 92008 Americans with Disabilities Act Grievance Foam .. -- 1200 Carlsbad Vi@$e Drive Contact: Assistant City Manager (61 9) 434-2820 Definitlon: A grievance is an allegation of noncompliance with a provision of any Title c Americans with Disabilities Act (ADA). The City will attempt to resolve disputes or allegations of non-compl informally. Where appropriate and permitted by law, dispute resolution include factfinding,conciliation, facilitation, medication or arbitration.. filing of this grievance does not preclude an informal resolution. Instructions: Complete this form as best as you can. Submit either by mail or in person City Manager at the address above. This grievance will be handled in accorf with the City’s ADA grievance procedure. A copy of this procedure is ava upon request. Policy: Name: Phone: Address: 1. Statement of Grievance (state the facts as you know it relating to your grievance, including names, dates, locations, and actions if applicable) : 2. Resolution requested: 3. If you are being represented by another person on this grievance, please give the nami phone number of this person: 4. Signature: Date: ~ 9 0 0 1' cITY0E'mm 1200 Carlsbad Village Drive Carlsbad, CA 92008 Americans with Disabilities Act Grievance Response Form In accordance with paragraph 3. of the City's procedure to respond 1 grievance filed for non-compliance with any provision of Titles I, I1 or ' the Americans with Disabilities Act (ADA). this form is to be used rendering a decision. INITIAL DECISION: Assistant City Manager Date Grievance Received: A written decision by the Assistant City Manager, or a designate, must bl rendered within ten (10) working days of receipt of this grievance. Wri decision is attached to this form and sent to grievant. Signature of Decision Maker Date Grievant's response to attached decision. / / / / I accept the attached decision by marking an "X in t box to the left and with my signature below. I wish to appeal the attached decision by marking an in the box to the left and with my signature below. Signature of Grievant Date NOTE: Request for Appeal must be submitted to the City Manager' oface within ten (10) working days of the date of the Assis City Manager's decision. (See Reverse for City Manager's Decision) a I 0 a . I CY L1 OF @m hneriicma&th Di sal3 rntie$QA$ZO Gdemee ResaoBsq Fam F+,e 2 gmubX.9 DECESION: City L-er D2te Request for Apped Received: The City kLnraiger, or designate, shall contact the @evant and/or the g:.k-:ant*s representative within ten [lo) working Bays of receipt of appez be puqme is to m.mge a mutually convenient meeting to review the appeal. Da" - of Contact: Bare of Meeting: A written decision by the City Manage;, or a design;te, rnust be renderec vabhin ten (10) working days of the date of the meetirht) to review the appeal. Written decicion is attached to this form and sent to grievant. e -. Signature of Decision Maker Date - --- -a. --- .LC-. -- -- Grievant's response to fina! decision. I-. J I accept the attached decision by marking an %X* in t bac tci ?he left and wi+h my signature below. - Signature of Grievant Date -- n-e -.- .