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HomeMy WebLinkAboutReso 027-93 ADA ActionPlanRESOLUTION NO. 27 - 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: Councilmember Houston, Howard, Moffatt, & Mayor Snyder NOES: Councilmember Burton ABSENT: None ABSTAIN: None ATT~k~~_~ Ci .y oj Du' Lin Americans with Disabilities Act Title I Compliance Action Plan B(:Hll~!T A CITY OF DUBLIN 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(0)(3) of Title I states that Q1D's must request an accommodation in order to receive it. No agency is required to anticipate all possible disabilities which may arise. 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 Qualified Individual with a Disability (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. Consult with Q1D and ascertain the precise limitations imposed by the individual's disability. Consult the QID to identify potential accommodations options. 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. Consider accommodating options, select and recommend the most appropriate alternative for both the individual and the City. 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. III. Upon 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. Make Accommodations Available. Mission: If a QID applies for a position, or requests an accommodation, the Accommodation Review Board will evaluate the request. The foliowing steps should be conducted if not already complete, to prepare for such a request. The City is required by the ADA to provide 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 addressed. Types of accommodations may include interpreters, rescheduling testing times or other modifications to the testing procedures. 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 request special accommodations at least seven (7) working days prior to the initial test date. 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 for 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. 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. Training Mission: Current employees will come into contact with disabled fellow employees or disabled customers. 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. Set up a training process communicating the requirements of the ADA for employees who interview applicants. In order to sensitize employees on disabilities in general, begin educational processes for employees who deal with disabled customers.