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HomeMy WebLinkAboutItem 8.2 AmericanDisabilitiesActRpt ~, e . CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: Feb~ary 22, 1993 SUBJECT: Americans with Disabilities Act Report. ~(Prepared by: Bo Barker, Management Assistant) EXHIBITS ATTACHED: 1. / Resolution Approving Title I CompliaJ~ce Action Plan 2. I Resolution Adopting Title II TransitioIJ Plan 3. / Resolution Adopting a Complaint Procedure RECOMMENDATION: Adopt Resolutions approving the Title I Compliance Action Plan, the Title II Transition Plan, and ADA Complaint Procedure. FINANCIAL STATEMENT:Cost of complying with the ADA are unknown. To date, the costs to modify the Dublin Swim Center to meet ADA requirements is estimated at $86,350. DESCRIPTION: On July 26, 1990, the American with Disabilities Act (ADA) was signed into law by the President. The ADA extends federal civil rights protection in several areas to people who are Qualified Individuals with Disabilities (QID's). The Act prohibits discrimination in the areas of employment, public services, transportation and telecommunications. There are consequences for not complying with the ADA regulations. The range of consequences includes: the judicial award of monetary damages; a mandate that a specific accommodation be performed; and/or the award of attorney fees. Other remedies for violations include compensation for emotional pain and suffering, inconvenience, loss of enjoyment of life and mental anguish, depending on the degree of the offense. Definitions The ADA refers to specific terms throughout the regulations. These terms are defined below in order to decrease their ambiguity as the requirements of the ADA are presented in this report. "Disability" means: 1) a physical or mental impairment that substantially limits one or more of the major life activities of such an individual; 2) having a record of such an impairment; or 3) being regarded as having such an impairment. A physical or mental impairment may include any physiological disorder or condition, or any mental or psychological disorder. Examples of these impairments include, but are not limited to: vision, speech and hearing impairments; emotional disturbance and mental illness; seizure disorders; orthopedic and neuromoter disabilities; learning disabilities; diabetes; heart disease; nervous conditions; cancer; asthma; Hepatitis B; the HN infection and prior drug addiction. Drug addiction is only covered under the ADA if the person has successfully completed or is participating in a rehabilitation program and no longer uses illegal drugs. Substantially limits a major life activity means significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average persons having comparable training, skills and abilities. . A major life activity means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing speaking, breathing, learning and working. . A reasonable accommodation is, any change in the work environment or in the way things are customarily done that enables a disabled individual to enjoy equal employment opportunities. (Section 1630.2) ---------------------------------------------------------------------- ITEM NO. _8. 2.. COPIES TO: Vie Taugher, Building Official ~ . . Discrimination on the basis of a disability means: . to limit, segregate, or classify a job applicant or employee in a way that may adversely affect opportunities or status, because of the applicant's or employee's disability; . .~ . '.- . to use any standards, criteria or method of administration, which could have an effect of discriminating on the basis of a disa1.Jility; to deny equ~l jobs or benefits because of a disability; ~ to deny access to programs or services based on a disability; Title I - Employment Title I, Section 1630.4, prohibits discrimination by employers, including cities, against Qualified Individuals with Disabilities (QID's) in all aspects of employment, including hiring, advancement and discharge of employees, and benefits. Also prohibited in Title I is discrimination against persons having a record of a disability, persons regarded as having a disability, and associates of persons with disabilities. Under Title I, the City of Dublin is required to make reasonable accommodations with regard to the known disability of a qualified applicant. Section 1630.2(p) of the Act states that an employer or other covered entity is not required to provide an accommodation that will impose an undue hardship on the operation of the employer's business. The term "undue hardship" takes into account the financial realities of the particular employer. Additionally, "undue hardship" refers to any accommodation that would be unduly costly, extensive, substantial, disruptive or which would fundamentally alter the nature Of opefation of the business. In determining if an accommodation is an undue hafdship, the following factors should be taken into account. 1) the nature and cost of the accommodation; 2) the financial fesources of the city; 3) the numbef of employees; 4) the type of operations of the city, including the composition and functions of the workforce. Title I of the ADA covers all aspects of employment. This includes hiring, firing, recruiting, testing, pre-employment screening and other aspects of the personnel rules. Staff has prepared an Action Plan to comply with Title I (see Exhibit 1) The Action Plan: 1) Establishes an Accommodation Review Board 2) Establishes an Accommodation Review Process 3) Sets up guidelines to feview essential functions of positions 4) Recommends training fOf employees on disability awareness These processes are designed to deal with the eventuality of a QID requeSting an accommodation. The Board, using the Accommodation Review Process, will determine if an individual is an actual QID and then recommend appropriate accommodations. These actions set the framework fOf complying with Title I. Title II - Access to Sefvices and Facilities In general, cities can comply with the mandates of this section through such means as fedesign of equipment, reassignment of service to accessible buildings, assignment of aides to beneficiaries, home visits, delivery of services at alternate accessible sites, alteration of existing facilities and construction of new facilities. (Section 35.150) The City is required to give priority to those methods that offer services pfograms and activities to Qualified Individual with Disabilities (QID's) in the most integrated setting possible. . . Transition Plan Under Title IT, Section 35.150 (d) of the ADA, a transition plan for all public agencies must be developed. The Tfansition Plan must covef "structural modifications to achieve pfogramaccessibility." Actual physical barriers to city facilities are the main focus of the transit!on plan. The League of California Cities recommends that cities comply with the following checklist in order to meet this mandate. A. List the physical barriers in each city facility that limit the accessibility of its programs, activities, and services to individuals ~th disabilities; r .; t ~ B. Create a detailed outline of the methods to be utilized to remove these barriers and make the facilities accessible; C. Schedule the necessary steps to achieve compliance with Title II. If the time period for achieving compliance is longer than one year, the plan should identify the interim steps that will be taken during each year of the transition period; and; D. The name of the official responsible for the plan's implementation. Staff has prepared a Transition Plan, (See Exhibit 2). The Transition Plan focuses on City buildings and barriers to access services within those buildings. Each facility has been surveyed and a checklist has been completed. For those items which indicate non-compliance, a follow-up sheet is attached detailing the barrier and the plans to remove the barrier or identify interim solutions so any QID can access services provided within building. A barrier would be, for example, the pay phone in the Civic Center not having a volume control. This impedes a QID with a hearing impairment from receiving service. Each facility has been evaluated using the standards established by the ADA. Complaint Procedure Section 35.170 provides that any individual who believes that he or she or a specific class of individuals has been subjected to discrimination on the basis of disability by the City may file a complaint. A complaint must be filed within 180 days of the date of the alleged discrimination unless the time for filing is extended by the City fOf good cause. An individual does not have to file a complaint with the City before going to the Department of Justice or the Equal Employment Opportunity Commission. The City is required to formulate a complaint procedure to allow members of the public the ability to gain access to progfams and services. The Complaint procedure is designed to be general and allows for flexibility in providing accommodations. Staff has prepared a complaint procedure, (See Exhibit 3) for City Council consideration. The pfocedure states that complaints must be received within 90 days of the occurrence. Additionally, the complaint should consist of certain descriptions such as the name of the individuals involved, the name of witnesses, remedies desired, etc. The Complaint Procedure is designed to mitigate problems QID's encounter while receiving service at the City of Dublin. QID's are not required by the ADA to go through this process before filing a complaint with one of the fegulating agencies. The main intent of the Complaint pfocedure is to handle problems befofe they get to the Federal Regulatory Agencies, i.e., Department of Justice, or Equal Employment Opportunity Commission. Notice The ADA requires the City to advertise that we are following the ADA provisions. The section does : not indicate to what extent the City must advertise, othef than the following language. "The City shall make available to applicants, participants, beneficiaries, and othef interested persons information regarding the provisions so this part and its applicability to sefvices, pfograms Of activities Of the City, and make such information available to them in such a manner as the head of the entity finds necessary to apprise such persons of the protections against discrimination." e . It is pfoposed the City meet this obligation through the City newsletter, Recfeation Brochure and other City publications or as other oppoftunities pfesent themselves. This activity can be cafried out at little expense through existing publications. Communications The ADA requires that the City shall furnish appfopriate auxiliary aides and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of, a service, program, Of activity conducted by a public entity. I. . i' Where a public entity communicates by telephone with app~ants and beneficiaries,.TDD's, or equally effective telecommunication systems shall be used to communicate with individuals with impaired hearing or speech. Relay systems are considered to be an effective method to communicate with the hearing impaired and thus, TDD's afe not requifed at this time. Futufe considefation fOf this equipment will need to be considefed as the City grows. Computer modems can also be utilized as a means to communicate with the disabled. This would require equipment which is not currently in place. At least one public pay phone at each facility will need to have a volume control installed on the unit. This activity is currently being coordinated with Pacific Bell. Summary The Americans with Disabilities Act is a comprehensive law pfohibiting discrimination on the basis of a disability and guarantees access to services. This report focuses on establishing the foundations for the City to comply with these extensive federal mandates by: 1) Approving an Action Plan to comply with the Title I mandates relating to employment. 2) Adopting a Tfansition Plan which details physical barriers in City facilities. 3) Adopting a Complaint Procedure. More ADA Requirements Once these items are adopted staff will compile a comprehensive evaluation of services, programs and other access issues for all City facilities in a document requifed undef the ADA called the "Self Evaluation." The self evaluation will address accessibility issues in terms of parks, recreation programs and other City services not included in the Transition Plan. Section 35.105 of the ADA requires that agencies with 50 Of mOre employees, (includes full-time and part-time) to evaluate and correct "policies and pfactices" not consistent with the Act. This diffefs from the Tfansition Plan in that it is requiring the City to evaluate all programs and services. The Self-Evaluation is supposed to be completed by January 26, 1993. Therefore, Staff will be completing this action as soon as possible following the actions taken in this report. Recommendation: Receive the staff fepoft. Adopt the resolutions approving the Title I Action Plan, the Title II Transition Plan and Complaint Procedure. - e RESOLUTION ~O. - 93 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN ACTION PLAN IN COMPLIANCE WITH TITLE I OF THE AMERICANS WITH DISABILITIES ACT **************** WHEREAS, the federal government enacted the Americans with Disabilities Act of 1990 (ADA) to prevent discrimination of the physically and mentally disabled relating employment and access to public facilities; and WHEREAS, discrimination on the basis of a disability against an applicant or an employee who is a qualified individual with a disability by a supervisor, management employee or co-worker is prohibited; and WHEREAS, the City must comply with Title I relating to employment issues and intends to utilize the Title I Compliance Action Plan to accomplish; and WHEREAS, the Action Plan establishes a means to review and evaluate requests for accommodation and make recommendation to assist the disabled. WHEREAS, the purpose of the plan is to bring the City in compliance with the provisions of the ADA relating to Title I. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Title I Compliance Action Plan in order to comply with the American with Disabilities Act of 1990 PASSED, APPROVED AND ADOPTED this 22nd day of February, 1993. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk EXHIBIT 1\ .L e e City of Dublin Americans with Disabilities Act Title I Compliance Action Plan EXHIBIT A e e CITY OF bUBLIN ~ , t ~, THE AMERICANS WITH DISABILITIES ACT TITLE I COMPLIANCE ACTION PLAN The following recommendations for action are presented in order to comply with Title I of the ADA. Note, Section 1630.2{O)(3) of Title I states that QID's must request an accommodation in order to receive it. No agency is required to anticipate all possible disabilities which may arise. I. Establish an Accommodation Review Board (ARB). Mission: . The Accommodation Review Board will determine if an individual is a QID and evaluate requests for accommodation. The Board would only meet to discuss requests for accommodation. The ARB will consist of the following personnel as designated by the City Manager: ADA Compliance Officer, the City Manager's designee representing Personnel, Recreation Director or designee, Public Works Director or designee. The City Manager shall have the discretion to adjust the ARB. II. Establish an Accommodation Review Process. Mission: Once a request for accommodation is received, the ARB will determine if the individual is indeed a QID and then make recommendations on potential accommodations. (The provision of an accommodation will not be necessary if an individual is not a QID). The accommodation review process will be instituted to cover requests for accommodation under Title II as well as Title I. (i.e. employment issues and access to services and facilities issues). The following specific steps will be followed in the review process. A. Consult with QID and ascertain the precise limitations imposed by the individual's disability. B. Consult the QID to identify potential accommodations options. C. Assess the effectiveness of the potential accommodation with regard to enabling the individual to perform the essential functions of the position or gain access to a particular service or facility. D. Consider accommodating options, select and recommend the most appropriate alternative for both the individual and the City. E. Submit recommendations to the City Manager for approval. The recommendation will include funding sources, if necessary, as well as a process for completing the accommodation. e e .. L F. 1- Upo~ approval from the City Manager, implement the accommodation. If the City Manager lacks sufficient authority to make the accommodation, a recommendation will be made to the City Council. III. Make Accommodations Available. Mission: If a QID applies for a position, or requests an accommodation, the Accommodation Review Board will evaluate the request. The following steps should be conducted if not already complete, to prepare for such a request. A. The City is required by the ADA to pfovide reasonable accommodations to facilitate disabled applicants in completing pre-employment tests. Request for accommodation and the providing of an accommodation will have to be handled on a case by case basis as there are invariably numerous types of disabilities which may have to be addfessed. Types of accommodations may include interpreters, fescheduling testing times or other modifications to the testing procedures. B. The City would generally only be required to provide accommodation if requested to do so in advance. The standard format now used for all job announcements includes a statement requesting that disabled individuals must fequest special accommodations at least seven (7) working days prior to the initial test date. IV. Section 1630.1, Title I mandates that in order to ascertain if a disabled person is able to perform a particular job in the City, the "essential functions" for the position must be determined. A. Identifying essential functions is the key aspect in determining if a disabled person is able to perform a job. A job task analyses fOf each position, quantifying both the frequency and criticality of each function performed by all positions will be completed. This does not have to be completed all at once, but should be completed in a manner that demonstrates a good faith effort at compliance. A schedule for modifying job descriptions will be developed by the ADA compliance officer and the City's Personnel Officer. B. Selection criteria consistent with the essential functions of the position will be developed. Testing procedures, interview questions, and other aspects of the screening process must be job related and consistent with business necessity. Once the essential functions of each position are developed, the selection criteria and practices will be modified, if necessary, for consistency. e e v. Training Mission: Current employees will come into contact with disabl~ fellow employees or disabled customefS. Inappropriate behavior due to : lack of knowledge on the part of employees could open the City to liability under the ADA. Informing employees on the facts about disabilities will limit this exposure and enable employees to conduct themselves properly when faced with QIDs. A. Set up a training process communicating the requirements of the ADA for employees who interview applicants. B. In order to sensitize employees on disabilities in general, begin educational processes for employees who deal with disabled customers. - e , r t. . A RESOLUTION OF THE tITY COUNCIL OF THE CITY OF DUBLIN ADOPTING A TRANSITION PLAN AS REQUIRED BY THE AMERICANS WITH DISABILITIES ACT, TITLE II "l **************** WHEREAS, the federal government enacted the Americans with Disabilities Act of 1990 (ADA) to prevent discrimination of the physically and mentally disabled relating employment and access to public facilities; and WHEREAS, discrimination on the basis of a disability against an applicant or an employee who is a qualified individual with a disability by a supervisor, management employee or co-worker is prohibited; and WHEREAS, the ADA requires that municipalities document barriers to accessibility which are described in the Transition Plan; and WHEREAS, the Transition Plan documents surveys of facilities identifying barriers and plans to remove those barriers; and WHEREAS, the Transition Plan should be adopted by the City Council; and WHEREAS, the purpose of the Plan is to provide equal access to the disabled when providing municipal services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby adopts the Transition Plan as required undef the American with Disabilities Act of 1990 PASSED, APPROVED AND ADOPTED this 22nd day of February, 1993. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk EXHIBIT ~ e - ~ ~~ I- t . City of Dublin Americans with Disabilities Act Title II Transition Plan E- 'r' U' i81=1 f\ t . I ., -~ , . ::' ~ - . . , ~. .,.,)<,.1I.' I-.,};ii \' .fii.'U ~!! .'.';. ~ . City of Dublin Transition Plan Checklist e 1- Building Name: Civic Center Date~ August 1, 1992 ; , Address: 100 Civic Plaza Inspector: Bo Barker Site Characteristics Doesn't Anticipated See Complies Comply N/A Correction Attachment Building Access X 1. Parking X a. Handicap X 2. Ramps X 3. Sidewalks X 4. Entrances X 5. Doors X 6. Thresholds X Building Attributes 1. Corridors X 2. Elevators X a. Audible Signals X b. Braille X c. Turning Area X d. Controls X 3. Floor Surface X 4. Obstacles X 5. Work Areas X 6. Payphones X 4/1/93 7. Employee Areas X a. Lounges X b. Training Room X Restrooms 1. Entry X 2. Handles X 3. Grab bars X 4. Assesories X 5. Water/Sinks X 6. Fountains X e e , r t_ t ,. City of Dublin Transition Plan Site Correction Specifications Americans with Disabilities Act Facility: Civic Center, 100 Civic Plaza, Dublin, California Responsible Official: City Manager's Office 1. At least one pay phone in the Civic Center should have a volume control. The Americans with Disabilities Act Architectural Guidelines (ADAAG) mandates that at least one pay phone in public facilities must have a volume control. There is no cost to add volume controls to the pay phones and it is anticipated that this will be completed by April of 1993. e e , ;- Building Name: Shannon Center Date: August 1, 1992 Address: 1600 Shannon Avenue Inspector: Bo Barkef Site Chafacteristics Doesn't Anticipated See Complies Comply N/A Correction Attachment Building Access 1. Parking X a. Handicap X 2. Ramps X 3. Sidewalks X 4. Entrances X 5. Doors X 6. Thresholds X Building Attributes 1. Corridors X 2. Elevators X a. Audible Signals X b. Braille X c. Turning Area X d. Controls X 3. Floor Surface X 4. Obstacles X 5. Work Areas X 6. Payphones X 4/1/93 X 7. Employee Areas X a. Lounges X b. Training Room X Restrooms 1. Entry X 2. Handles X 3. Grab bars X 4. Assesories X 5. Water/Sinks X 6. Fountains X City of Dublin _ Transition Plan Checklist; ~ t. e e City of Dublin Transition Plan Site Correctibn Specifications Americans wi'th Disabilities Act Facility: Shannon Center, 1600 Shannon A venue, Dublin, California Responsible Official: City Manager's Office 1. No pay phone at the Shannon Center is currently equipped with a volume controls. The ADAAG mandates that at least one public phone at each facility must be equipped with a volume control. There is no cost to add volume controls to the pay phones and it is anticipated that this will be completed by April of 1993. e e Building Name: Dublin Swim Center Date: August 1, 1992 Address: 8157 Village Parkway Inspector: Bo Barker Site Characteristics Doesn't Anticipated See Complies Comply N/A Correction Attachment BuildinJl; Access 1. Parking X a. Handicap X Dec-93 X 2. Ramps X 3. Sidewalks X 4. Entrances X 5. Doors X 6. Thresholds X Dec-93 X BuildinJl; Attributes 1. Corridors X Dec-93 X 2. Elevators X a. Audible Signals b. Braille c. Turning Area d. Controls 3. Floor Surface X 4. Obstacles X Dec-93 X 5. Work Areas X Dec-93 X 6. Payphones X Dec-93 X 7. Employee Areas X Dec-93 X a. Lounges X b. Training Room X Restrooms 1. Entry X Dec-93 X 2. Handles X Dec-93 X 3. Grab bars X Dec-93 X 4. Assesories X Dec-93 X 5. Water/Sinks X Dec-93 X 6. Fountains X Dec-93 X City of Dublin Transition Plan Checklist - . .~ City of Dubijn Transition PI~n Site Correction Spedfications Americans with Disabilities Act Under Title II of the ADA, the Transition Plan states that barriers must be identified, methods to achieve compliance must be presented and the interim steps to offer accessibly must be identified. The following list accomplishes these requirements of the Transition Plan Facility: Dublin Swim Center, 8157 Village Parkway, Dublin, California. Responsible Official: City Manager's Office 1. The parking lot as now configured does not conform to all the handicap parking specifications under the ADA. The Recreation Department is currently working with the School District, who actually own the parking lot, to meet this requirement. Uniform Federal Accessibility Standards (UP AS) and ADAAG standards require that at least one parking spot be at least 96 inches wide. 2. The threshold upon entering the building must be no higher than 1/2". The current threshold is higher than allowed by the ADAAG and UFAS requirements. Additionally, the grade from the parking lot to the entrance is higher than the required 1:15 gradient standard. 3. The current building does not have adequate corridors in which wheelchairs can maneuver. These corridors consist of small turning areas which render parts of the current building non-accessible. The turning areas must be at least 60" x 60". 4. There are obstacles producing barriers to accessibility. These include items such as small work areas and counters which prohibit easy access to parts of the building. 5. The pay phone must be equipped with volume controls. 6. Employee areas, specifically located in the center of the building are non-accessible for the disabled. These areas are required to be at least 60" by 60". This also relates to the work areas not being in compliance as noted in the Transition Plan checklist. 6. The pool does not have a lift. 7. The restrooms are not handicap accessible. The entry way is too small, there are no grab bars or handles, and the sinks do not meet ADA standards. 8. Drinking fountains do not have space underneath them so wheelchairs can access them. The Swim Center is due to be renovated starting in Fall 1993 All of the above barriers will be addressed and the new construction will conform to ADA guidelines. The exact cost of the renovation is unknown, but is estimated to cost in the area of $68,350. The Recreation Department is expecting to utilize grant funds to complete this project and more accurate cost estimates will be formulated at that time. The current completion date is estimated for December, 1993. The center will once again be utilized for summer recreation programs in 1992. Any QID will still have accessibility to the center entering through a side gate. Other issues such as access to the pool will be addressed by the pool manager using employees and other temporary methods to accommodate any QID. The Swim Center has been accommodating many disabled individuals over the past summers and will be able to provide adequate service to the disabled prior to the renovation. e e I- t City of Dublin Transition Plan Checklist :r Building Name: Senior Center Date: August 1, 1992 Address: 7437 Larkdale Inspector: Bo Barker Site Characteristics Doesn't Anticipated See Complies Comply N/A Correction Attachment Building Access 1. Parking X a. Handicap X 2. Ramps X 3. Sidewalks X 4. Entrances X 5. Doors X 6. Thresholds X Buildin~ Attributes 1. Corridors X 2. Elevators/Lift X a. Audible Signals X b. Braille X c. Turning Area X d. Controls X 3. Floor Surface X 4. Obstacles X 5. Work Areas X 6. Payphones X 7. Employee Areas X a. Lounges X b. Training Room X Restrooms 1. Entry X 2. Handles X 3. Gfab bars X 4. Assesories X 5. Water/Sinks X 6. Fountains X -- . Building Name: Corporation Yard Date: August 1, 1992 Address: 5600 Scarlett Court Inspectof: Bo Barker Site Characteristics Doesn't Anticipated See Complies Comply N/A Correction Attachment Building Access 1. Parking X a. Handicap X 2. Ramps X 3. Sidewalks X 4. Entrances X 5. Doors X 6. Thresholds X Building Attributes 1. Corridors X 2. Elevators X a. Audible Signals b. Braille c. Turning Area d. Controls 3. PlOOf Surface X 4. Obstacles X 5. Work Areas X 6. Payphones X 7. Employee Areas X a. Lounges X b. Training Room X Restrooms 1. Entry X 2. Handles X 3. Grab bars X 4. Assesories X 5. Water/Sinks X 6. Fountains X City of Dublin Transition Plan Checklist I- i . - . , r I!ESOLUTION NO. - 93 A RESOLUTION OF THE CITY COUNCIL ADOPTING A COMPLAINT PROCEDURE RELATING TO THE AMERICANS WITH DISABILITIES ACT **************** WHEREAS, the federal government enacted the Americans with Disabilities Act of 1990 (ADA) to prevent discrimination of the physically and mentally disabled relating employment and access to public facilities; and WHEREAS, discrimination on the basis of a disability against an applicant or an employee who is a qualified individual with a disability by a supervisor, management employee or co-worker is prohibited; and WHEREAS, the City must create a complaint procedure; and WHEREAS, the complaint procedure is designed to mitigate problems encountered by a Qualified Individual with a Disability by having a mechanism to voice such problems. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby adopts the Complaint procedure as required undef the American with Disabilities Act of 1990 PASSED, APPROVED AND ADOPTED this 22nd day of February, 1993. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk EXHIBIT 3 - . , CITY OF DUBLIN AMERICANS WITH DISABILITIES ACT COMPLAINT PROCEDURE The following procedures will be utilized if an employee or member of the public wants to file a formal complaint under the American with Disabilities Act (ADA). The City of Dublin will provide any reasonable accommodation to a Qualified Individual with a Disability as long as the accommodation does not cause an "undue hardship" as defined by the ADA. Complaint Procedure A. Formal Complaints and grievances received from the public against the City with regard to the ADA Of discrimination against a disabled person shall be filed with the City Clerk's Office within 90 days of the incident A complaint shall include; - a description of the violation or basis for the complaint - date, time, and location of the incident - names of individuals involved - names of any witnesses involved - what remedy is desired B. In the case of a late claim, a request must be submitted describing the reasons for the late claim. The City Manager will review the request and will determine if the claim should be accepted. C. The complaint will be forwarded to the City's ADA Compliance Officer who will attempt to mediate the complaint with the filing party. The Accommodation Review Board (ARB) may be consulted depending on the nature of the request. D. The ADA Compliance Officer and/ or the Accommodation Review Board will make recommendations to the City Manager on if the individual is indeed a Qualified Individual with a Disability and if so, how to provide the best accommodation without causing an undue hardship. E. The City Manager will make a determination and the Complainant will be advised, in writing, of the final disposition of the complaint.