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HomeMy WebLinkAboutAgenda Report - May 20, 1992 (87)oFr CITY OF LODI COUNCIL COMMUNICATION 41F AGENDA TITLE: Approval of Disability Discrimination policy and procedure. MEETING DATE: May 20, 1992 PREPARED BY: Personnel Director RECOMMENDED ACTION: That the City Council approve the Disability Discrimination policy and procedure in accordance with the provisions of the Americans with Disabilities Act of 1990. BACKGROUND INFORMATION: The Americans with Disabilities Act of 1990 (ADA) passed by the United States Congress, erfPct ive January 26, 1992, prohibits all employers with 25 or more employees rrom discrimination against individuals with disabilities in the conduct of business, provision of services, and from employment. This policy demonstrates the City of Lodi's commitment to non-discriminatory practices on the basis of disability in the provision of its services to the community and its employees, and establishes a procedure ensuring the City's compliance with law and the resolution of complaints of alleged discriminatory acts as required by the ADA. FUNDING: None. Joanne N. Narloch Personnel Director JMN/Ira CC9210/TXTA.04P APPROVED THOMAS A. PETERSON--��' City Manager RESOLUTION NO. 92-96 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE DISABILITY DISCRIMINATION POLICY AND THE DISABILITY DISCRIMINATION PROCEDURE FOR THE CITY OF LODI BE IT RESOLVED, that in compliance with the provisions of the Americans With Disabilities Act of 1990, passed by the United States Congress and effective January 26, 1992, the Lodi City Council hereby approves the City of Lodi's Disability Discrimination Policy. attached hereto as Exhibit A, and Disability Discrimination Procedure, attached hereto as Exhibit B, and incorporated herein by reference. Dated: May 20, 1992 saasass=sa=x====xa=seszsz=sasssss=a==s=s==ss======sssssssss�sx==pxzmassa I hereby certify that Resolution No. 92-96 was passed and adopted by the Lodi City Council in a regular meeting held May 20, 1992 by the following vote: Ayes: Council Members - Noes: Council Members - Absent: Council Members - Alice M. Reimche City Clerk 92-96 RES9296/TXTA.0IV A CITY OF LODI ADMINISTRATIVE POLICY AND PROCEDURE MANUAL SUBJECT: DISABILITY DISCRIMINATION Policy DATE ISSUED May 20, 1992 SECTION: D REFERENCE Americans With Disabilities Act of 1990; The Rehabilitation Act of 1973; California Fair Employment and Housing Act. y V • ►SEEMS -BR . The purpose cf this policy is: to prohibit and eliminate any discrimination in the provision of public services and in employment against a qualified individual with a disability; to define what constitutes a "disability"; to define who is a 'qualified individual with a disability"; and to define discrimination on the basis of disability. Discrimination on the basis of disability against a qualified individual with a disability in the provision of all public services of the City of Lodi, by any employee, or contractor with the City of Lodi, is not condoned and will not be tolerated. This policy applies to the provision of all public services, programs, and activities of the City of Lodi including, but not limited to: public transportation; the issuance of licenses and permits; parks and recreation, and community center programs; payment of utility bills, fines and fees; selection of procurement contractors; and communications. This policy applies to the j ob application process and to all terms and conditions of employment including, 5ut not limited to: hiring. placement, promotion, disciplinary action. layoff. recall, transfer, leave of absence, compensation and training. A CITY OF LODI AUMINISTRATIVE POLICY AND PROCEDURE MANUAL Section: D Pap -e 2 of 3 All complaints of discrimination on the basis of disability will be promptly and objectively investigated. Disciplinary action up to and including termination will be instituted for behavior described in the definition of discrimination on the basis of disability set forth below. Any retaliation against a person for filing a discrimination charge or making a discrimination complaint is prohibited. SECTION 3: DEFINITIONS A. B "Disability' is (1) a physical or mental impairment that substantially limits one or more major life activity; or (2) having a record of such an impairment; or (3) being regarded as having such an impairment. B. An individual 4th a disability who, with or without reasonable modifications to rules, policies. or practices. tte removal of architectural. communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the City of Lodi - In terms of employment, a "qualified individual with a disability' is a person who (1) satisfies thejob related requirements for the position. and (2) can perform the "essential functions" of the position despite their disability. or who (3) with or u it "reasonable accommodation" can perform the evsen?ial functions CC the position. C. DISCRIMINATION ON. THE BASIS OF DISABILITY : No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or he denied the benefits of the services, programs. or activities of the City of Lodi, or be subjected to discrimination by any employee. or contractor with the City of Lodi, 'APM' n -!o rM CITY OF LOD] ADMINISTRATIVE POLICY AND PROCEDURE MANUAL Section: D Page 3 of 3 Discrimination in employment on the basis of disability includes, but is not limited to the following actions: A. To limit, segregate, or classify a job applicant or employee in a way that adversely affects his or her employment opportunities or status on the basis of disability; B. To participate in a contractual or other arrangement or relationship that has the effect of subjecting the City's own qualified applicant or employee with a disability to discrimination; C. To usestandards, criteriaor nethod of administration which are not job-related and consistent with business necessity. and that (I) have the effect of discriminating on the basis of disability or (2) perpetuate the discrimination of others who are subject to common administrative control; D. To exclude or deny equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a family, business, social or other relationship or association; E To fail to make reasonable accommodations to known physical c- mental limitations of an otherwise qualified individual unless it can be shown that the accommodation would impose an undue hardship: F. To use qualification standards. employment tests or other selection criteria that screen out an individual with a disability or a class of individuals with disabilities on the basis of disability, unless the standard , test or other selection criteria, used is shown to be job-related for the position in question and is consistent with business necessity; and G. To fail employment in the most effective manner to ensu applicant's or employee's skills or aptitude for individual's disability. to select and administer tests concerning re APM'^ n-ro Lal that the test results accurately reflect the a particular job, rather than reflect that CITY OF LODI ADMINISTRATIVE POLICY AND PROCEDURE MANUAL SUBJECT: DISABILITY DISCRIMINATION Procedure DATE ISSUED: May 20, 1992 SECTION: D REFERENCE Americans With Disabilities Act of 1990; The Rehabilitation Act of 1973; California Fair Employment and Housing Act. g Dim Y relkly 11' "• The purpose of this procedure is to identify the means by which the City of Lodi implements the provisions of the Americans With Disabilities Act of 1990, and ko establish a procedure for investigating and resolving disability discrimination complaints. w •,� log �►Iu111 The ADA Compliance Committee has been established by the City of Lodi, with the purpose of evaluating and making recommendations regarding the City's ability to provide services in accordance with the Americans With Disabilities Act of 1990. The committee is composed of one chairperson. appointed by the City Manager, who shall be regarded as the Chief Compliance Officer, and committee members representing various City departments. The committee members and/or other personnel may be designated. as deemed necessary by the chairperson. as Compliance Officers to assist in efforts to comply with federal and state laws concerning discrimination on the basis of disability. *low*: 0.10P A CITY OF LODI ADMINISTRATIVE POLICY AND PROCEDURE MANUAL Section: D Paee 2 of 3 Kx"-K-Imn 111111=981LTAUR :I► _•_ �� The following procedure is intended to address the complaints of alleged discrimination on the basis of disability by the public and City employees. and is not intended to circumvent the established grievance procedures according to the appropriate memoranda of understanding. A. In.fgmall procedmnL In order to assure that further incidents do not occur, a citizen, job applicant. or employee who believes he/she has been subjected to discrimination on the basis of disability, should promptly inform the persons) alleged to have committed discrimination that such conduct is prohibited. 1 f a complaint Cannot be resolved. the complainant should promptly refer the matter to the appropriate immediate supervisor, department head, and/or the Chief Compliance Officer (or designee), who will be responsible to investigate and resolve the alleged incident(s) of discrimination. B. Formal Procedure: A citizen, job applicant, or employee who believes he or she has been discriminated against on the basis of disability may make a written complaint as soon as possible after the incident to the Chief Compliance Officer. The complainant is encouraged to submit the complaint within thirty (30)calendar days, but no later than 180 days, of the alleged incident(s). Where reasonable circumstances prevent the filing of the complaint within this time period, complaints received after this time period may be accepted. Other arrangements for submission of 4 grievance scch as a personal interview or tape recording will be made available for the visually-impairedor those with motor impairments. Submission of the complaint should be addressed to: ADA Chief Compliance Officer, c/o Office of the City Manager, 221 West Pine Street, P.O. Box 3006, Lodi, California 95240-1910, 0). The complaint shall include: a description of the offending behavior(s) or violations; date(s), time(s) and iocations(s) or incident(s); name(s) of alleged offender(s), name(s) of witnesses. if any; and remedy desired. (2). Upon the receipt of a complaint. the Chief Compliance Officer (and/or Jesignee(s) shall investigate all charges. The investigation shall include interviews with: (a) the complainant; (b) the person(s) allegedly engaged in discrimination; and (c) any other person the Compliance Officer believes to have relevant knowledge concerning the complaint. '.qPM": h4fw CITY OF LODI ADMINISTRATIVE POE.ECY AND PROCEDURE MANUAL Section: D Page 3 of 3 (3), The Compliance Officer shall. within thirty (30)work days of receipt of the complaint, r,,tify the complainant regarding the status ofthe investigation. (4). Upon completioncf theinvesLgation, the Compliance Officer shall review factual information gathered through the investigation to determine whether the alleged conduct constitutes discrimination, giving consideration to all factual information. the totality of the circumstances, including the nature of the alleged discriminatory conduct and the context in which the alleged incidents occurred. (g). The Compliance Officer shall then prepare a written report setting fxxffi the results of the investigation and the determination as to whether discrimination occurred. Such report with recommendation(s) shall be submitted to the City Manager for appropriate action. Such action shall include proper notification of the complainant. APM*: f)-Inw L RESOLUTION NO. 92-96 SOLUTION OF THE LODI CITY COUNCIL THE DISABILITY DISCRIMINATION POLICY AND ]ISCRIMINATION PROCEDURE FOR THE CITY OF LODI _asasssassss.:-sasr.===vs=_____===cca=ooa:gc==a=caxa , that in compliance with the provisions of the lities Act of 1990, passed by the United States e January 26, 1992. the Lodi City Council hereby Lodi's Disability Discrimination Policy, attached and Disability Discrimination Proceoure. attached ind incorporated herein by reference. :asmssasaes:ssasaassaxasaa=xzx=aazza===as=szsa=z=== that Resolution No. 92-96 was passed and adopted :il in a regular meeting held May 20, 1992 by the 1 Members - Hinchman. Pennino, Sieglock and Pinkerton (Mayor) 1 Members - None 1 Members - Snider dktd Alice M. Re the City Clerk 92-96 � lEM�D'T A CITY OF LO D l ADMINISTRATIVE POLICY AND PROCEDURE MANUAL SUBJECT DISABILITY DISCRIMINATION poiaey DATE ISSUED: May 20, 1992 SECTION D REFERENCE Americans With Disabilities Act of 1994; The Rehabilitation Act of 1973: California Fair Employment and Housing Act, SECTION l: PURPOSE The purpose of this policy is: to prohibit and eliminate any discrimination in the provision of public services and in employment against a qualified individual with a disability; to define what constitutes a "disability"; to define who is a 'qualified individual with a disability; and to define discrimination on the basis of disability. Discrimination on the basis of disability against a qualified individual wit0 a disability in the provision of all public services of the City cf Mi. by any employee. or contractor with the City of Lodi, is not condoned and will not be tolerated. This policy applies to the provision of all public services, programs. and activities of the City of N& including, but not limited to: public transportation; the issuance of licenses and permits; parks and recreation, and community Center programs: payment of utility bills, fines and fees; selection of procurement con;Tact')rs; and communications. This policy applies to the j ob application process and to al l terms and conditions ofemployment including. but not limited to: hiring, placement. promotion, disciplinary action. layoff, recall. transfer. leave of absence. compensation and training. •1rM•: n-rn C CITY OF LODI ADMINISTRATIVE POLICY AND PROCEDURE MANUAI, Section: D Page 2 of 3 All complaints of discrimination on the basis of disability will be promptly and objecively investigated. Disciplinary action up to and including termination will be instituted for behavior described in the definition of discrimination on the basis of disability set forth below. Any retaliation against a person for filing a discrimination charge or making a discrimination complaint is prohibited. SECTION 3 DEFINITIONS A. DISABILITY; "Disability' is (1) a physical or mental impairment that substantially limits one or more major life activity; or (2) having a record of such an impairment; or (3) being regarded as having such an impairment. B. OUAL1FIED INDIVIDUAL: ', H A DISABILT Y: An individual with a disability who, with or without reasonable modifications to rules. policies. or practices, the removal of architectural. communication, or transportation barriers, or the provision of auxiliary aids and services. meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the City of Lalli. In terms of employment. a "qualified individual with a disability' isaperson who (I) satisfies thejob related requirements fortheposition, and (2) can perform the 'essential functions" of the position despite their disability. or who (3) With or without "rea-wnable accommodation" can perform the essential functions of the position. C. DISCRIMINATION ON THE L�SiS OF PZABIL,ITY _ No qualified individual with a disability shall, by reason of such disability. be excluded from participation in or be denied the benefits of the services, programs, or activities of the City of Lodi, or be subjected to discrimination by aiy employee, or contractor with the City of Lodi. `.4Y.V'.' !l 10 C CITY OF LODE ADMINISTRATIVE POLICY AND PROCEDURE MANUAL Section: D Page 3 of 3 Discrimination in employment on the basis of disability includes. but is not limited to the following actions: A. To limit. segregate, or classify a job applicant or employee in a way that adversely affects his or her employment opportunities or status on the basis of disability; B. To participate in a contractual or other arrangernes. t or relationship that has the effect of subjecting the City's own qualified applicant cr employee with a disability to discrimination; C. Th use standards, criteria or method of administration which are not job-related and consistent with business necessity, and that (1) have the effect of discriminating on the basis cf disability or (2) perpetuate the discrimination of others who are subject to common administrative control: D. To exclude or deny equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a family, business, social or other relationship or association; r t E To fail to make reasonable acro m m cdad on s to k n o w physical or n,,w l limitations of an otherwise qualified individual unless it can be shown that the accommodation would impose an undue hardship: F. To use qualification standards, employment tests or other selection criteria that screen out an individual with a disability or a class cf individuals with disabilities on the basis of disability, unless the standard , test or other selection criteria. used is shown to be job-related for the position in question and is consistent with business necessity; and G. To fail to select and administer tests concerning employment in the most effect:.ve manner to ensure that the test results accurately reflect the applicant's cr employe's skills or aptitude for a particular job. rather than rete ;t that individual's disability. "WM*11 040 CITY OF LODI ADMINISTRATIVE POLICY AND PROCEDURE,NIANUAL SUBJECT: DISABILITY DISCRItAINATION Procedure DATE ISSUED May 20, 1992 SECTION D REFERENCE Americans With Disabilities Act of 1990; The Rehabilitation Act of 1973; California Fair Emp:oyment and Housing Act. The purpose of this procedure is to identify the mcam by which the City of Lodi implements the provisions of the Americans With Disabilities Act of 1990, and to establish a procedure for investigating and resolving disability discrimination Ccomplaints. The ADA Compliance Committee has been established by the City of Lodi, with the purpose of evaluating and making recommendations regarding the City's ability to provide services in accordance with the Americans With Disabilities Act of 1990. The committee is composed of one chairperson, appointed by the City Manager, who shallbe regarded as the ChiefComplianx Officer. and committee members representing various City departments. The committee members and/or other personnel may be designated, as deemed neocssary by the ciiaiitperwn, as Compliance Officers to assist in efforts to comply with federal and state laws concerning discrimination cn the basis of disability. •.u�-: n-ror CITY OF LODI ADMINISTRATIVE POLICY AND PROCEDURE MANUAL Section: D Page 2 of 3 WMM The following procedure is intended to address the complaints of alleged discrimination on the basis cf disability by the public and City employees. and is not intended to circumvent the established grievance procedures according to the appropriate memoranda of understanding. A. informal Pxooeduxv-- In order to assure that further incidents do not occur. a citizen, jab applicant. or employee who believes he/she has been subjected to discrimination an the basis of disability. should promptly inform the person(s) alleged to have committed discrimination that such conduct is prohibited. If a complaint cannot be resolved, the complainant should promptly refer the matter to the appropriate immediate supervisor, department head, and/or the Chief Compliance Officer (or designee), who will be responsible to investigate and resolve the alleged incident(s) of discrimination. a Formal Procedory A citizen. job applicant, or employee who believes he or she has been discriminated against on the basis of disability may make a written complaint as soon as possible after the incident to the Chief Compliance Officer. C The complainant is encouraged to submit the complaint within thirty (30) calends days. but no later than 180 days, of the alleged incident(s). Where reasonable circumstances prevent the filing of the complaint within this time period, complaints received after this time period may be accepted. Other arrangements for submission of a grievance such as a personal interview or W pe recording will be made available for the visually -impaired or those with motor impairments. Submission of the complaint should be addressed to: ADA Chief Compliance Officer, c/o Office of the City Manager, 221 West Pine Street, P.O. Box 3006, Lodi, California 95240-1910. (I). The complaint shall include: a description of the offending behavior(s) or violations; date(s), time(s) and locations(s) or incident(s); names) of alleged offender(s); name(s) of witnesses, if any; and remedy desired. (2). Upas the receipt of a complaint, the Chief Compliance Officer (and/or d•signWs) shall investigate all charges. The investigation shall include interviews with: (a) the complainant; (b) the person(s) allegedly engaged in discrimination: and (c) any other p€rmn the Compliance Officer believes to have relevant knowledge concerning the complaint. CITY OF LODI ADMINISTRATIVE POLICY AND PROCEDURE MANUAL Section: D Page 3 of 3 (3). The Cornpliancc Officer shall, within thirty (30) work days of receipt of the complaint. notify the complainant regarding the status of the investigation. (4). Upon completion of ft investigation, t!x Compliance C shall review factual information gathered through the investigation to determine whether the alleged conduct constitutes discrimination, giving consideration to all factual information. the totality of the circumstances. including the nature of the alleged discriminatory conduct and the context in which the alleged incidents occurred. (5). The Compliance Of fi =shall then prepare a written stport stating forth the results of the investigation and the determination as to whether discrimination occurred. Such report with recommcndation(s) shall be submitted to the City Wager for appropriate action. Such action shall include proper notification of the } complainant. i +:3Y t !k Y l •" f *Arm': D-040 3.. t:ti�;