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CC Resolution No. 8805 RESOLUTION NO. 8805 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ESTABLISHING AND AMERICANS WITH DISABILITIES ACT TRANSITION PLAN - FACILITIES WHEREAS, the 1990 Americans With Disabilities ACT (ADA) mandated state and local facilities be accessible and usable for the disables; and WHEREAS, the ADA further requires a transition plan that removes any barrier.; to that goal; and WHEREAS, the has been presented to the City Council part one of the transition plan which surveys the physical barriers identified in City facilities; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino approve the City of Cupertino Americans With Disabilities Act Transition Plan 1992, attached hereto and made part hereofby reference. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7 th day of December , 1992 by the following vote: Vote Members of the City Council i\'I'ES: Dean, Goldman, Koppel, Sorensen, Szabo NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: Isl Dorothy Cornelius Isl Nick Szabo Mayor, City of Cupertino City Clerk ~ CITY OF CUPERTINO AMERICANS WITH DISABILITIES ACT TRANSITION PLAN 1992 A special thanks to the citizens on the ADA Advisory Committee: Martin Bishop, Sally Brennan, Dan Fiduccia, Carol McDowell and Linda Walker Table of Contents Page I. Introduction 1 II. ADA Standards for Facility Accessibility 3 ill. Survey of City of Cupertino Building Facilities 6 IV. ADA Standards for Park Accessibility 13 V. Survey of City of Cupertino Parks 15 VI. ADA Standards for Signage and Symbols 19 VII. Survey of City of Cupertino Streets and Sidewalks 20 VIII. Complaint Procedure 22 IX. Disability Discrimination and Employee Complaint Policy 25 INTRODUCTION This transition plan has been developed to comply with the 1990 Americans with Disabilities Act (ADA) which prohibits discrimination against persons with disabilities, Title II, Subpart D, Section 35.150(d) requires governmental entities to make all public facilities accessible and usable. In the event that structural changes to the facilities will be undertaken to achieve "program accessibility", a transition plan setting forth the steps necessary for such changes is required. The transition plan should: 1. IdentifY the physical barriers that limit accessibility to programs and services for people with disabilities. 2. Outline of methods to be used in removing barriers and making facilities accessible. 3. Schedule the necessary steps to achieve accessibility by January 1995. 4. Name the official responsible for implementing the Transition Plan. 5. Be available for public inspection for a minimum of three years. The Act requires structural changes to existing City facilities needed to remove architectural and commumcation barriers which are "readily achievable" are to be completed as expeditiously as possible. All barriers are to be removed by January, 1995. The plan's priority for removal of barriers is based on the following: 1. Access trom sidewalks, parking and bus stops to City building entrances including curb ramps, entrance ramps, widening entrances and providing accessible parking spaces. 2. Sidewalk curb ramps. 3. Access to City buildings and facilities where services and programs are provided to the public. 4. Access to restrooms facilities including widening doors, accessible signage, widening stalls and correcting heights of dispensers, grab bars and toilets. S. Access to drinking fountains. 6. Access to public telephones. 7. Provision of Telecommunication Devices for the Deaf (T.D.D.) and Assistive Listening Devices. 8. Visual and audible fire alarms. 9. Signage including access logos, brai1le and directional signs The preceding criteria was applied to the City's eight buildings and 14 parks. The highest priority was given to those facilities that serve the greatest number of people, especially Memorial Park, Quinlan Center and City Hall. BuildiDlls fm City Hall Quinlan Center Senior Community Center Monta Vista Recreation Center McClellan Ranch Service Center Sports Center Blue Pheasant Memorial Portal Somerset Varian Monta Vista McClellan Linda Vista Three Oaks Jollyman W¡\son Hoover Fremont-Older Blackberry Farm Golf Course Blackberry Farm Picnic Area Bathrooms Number accessible Stalls Doors to staIls Grab bars Hardware Door closures Opening force Toilets Urinals Sinks Controls & dispensers (towels, soap, etc.) Signage Fire a1anns ADA Standards for Facilities Accessibility Based on ADA Accessibility Guidelines for Buildings and Facilities Minimum of one 36" X 69" 3Z" minimum clear width 34" for side approach 33" above floor; 1 IIZ"clear from wall (33" to 36" if toilet is tank type) Must not require tight grasping or twisting of wrist 3 second minimum sweep from 70 open 5 lbs. maximum 17" - 19" to top of seat One minimum wall hung or staIl type with elongated run 17" maximum to rim Clear floor space 30" X 48" minimum Flush controls - 44" maximum Wrap exposed pipes. Faucets lever; push or electric type mirrors at least one 40" to bottom 40" above finished floor Access logo/geometric symbol for all Visual (strobe) and audio a1anns to be placed where deaf people will see them, eSpecially if they are alone. Standards (Continued) Assembly Areas (Council Chambers & Soorts Center): Fixed seating Two fixed seats are required to be aisle seats with removable, folding or no arm rests and adequately identified Spaces for wheelchairs Clear floor space 30" X 48" spaces - four required for council chamber Assisted listeuing systems in council chambers and Cupertino Room Required fixed seating areas with a capacity greater than 50 and in assembly areas with existing audio systems Notify patrons of availability by signs Cupertino Room of Quinlan Center and council chamber Main Entrances: Rises greater than 6" Lift or ramp required smooth surfaces especially at threshold Signage Directional access logo Braille Doors One leaf or two leaf door accessible Three second minimum sweep hardware must not require tight grasping or twisting threshold - 1/2" clearance Handrails 30" - 34" in height Stairs No open risers except where also served by elevator 1 112" clearance to wall continupus, no interrupting posts Standards (Continued) Parkin!! Lots: Number of spaces One handicapped space for every 25 spaces. Minimum of one van space and one in every eight spaces for van unloading area provided at side of designated space cwb cuts or ramps from lot to main entrance. Size for van parking 9' X IS' Si2nal!e: Directional Indication direction to accessible features Indicating bathrooms and toilet stalls which are accessible. Directional signs in Braille Fire a1arms Visual and audible a1arms Interior doors Five Ibs. maximum opening force except for fire door. Pay phones 4S" to coin slot, 27" clearance below phone, cord length 29" long Drinking fountain 9" from ground clearance for feet 27" to bottom of fpunlain pan 36" maximum to bubbler 30" X 4S" floor space Must be approachable straight on Architectural Barriers to Access for People with Disabilities Survey of City of Cupertino Building Facilities The following Facilities Report for ADA constitutes the identification of the physical barriers in city buildings that limit accessibility to programs and services for people with disabilities. This report also includes estimated costs and the fiscal year recommended for the modifications to be made. That facilities are accessible can be communicated by the effective use of the access logo. Further communication about accessibility is planned for the Cupertino Scene. FACannES REPORT FOR ADA BUILDING CATEGORY NOTE COST DATE City Hall Parking Signs: $ 25.00 93-94 Directional Tow-away (6) 60.00 Entrances Automate front door 1,000.00 93-94 Bevel thresholds (4) 600.00 Access logo 25.00 Interior Routes Adjust door closures 28.00 92-93 Restrooms Replace sink faucets 175.00 93-94 Install full length mirror (4) 260.00 Council Chamber: Assembly Area Moditÿ arms of two seats 300.00 94-95 Create space for four wheelcbairs by removing four seats Purchase assistive listening device 500.00 94-95 Telephones Purchase T.D.D. place 800.00 93-94 with receptionist Signage To identify access throughout 1000.00 93-94 Buzzers for lower level 150.00 93-94 recreation area Rounded Subtotal (or City Hall: 54,000.00 Quinlan Center Parking Add two disabled parking stalls 60.00 93-94 Tow-away signs (6) 60.00 93-94 Directional signs (3) 75.00 93-94 Entrances Automate front doors (2) 3000.00 93-94 Add access logo to front door 25.00 93-94 BUlLDlNG CATEGORY oom OOSI DATE Quinlan (continued) Interior Routes Adjust door closure to 5 lbs. 28.00 92·93 or less opening force Telephones Purcbase T.D.D. 800.00 93·94 Assembly Areas Assistive Listening Device 500.00 94·95 for Cupertino Room Fin: Alarm Add visual strobe 500.00 94-95 Rounded Subtotal for QuiDlan Ceuter 54,000.00 Senior Center Parking Access logo 25.00 92-93 Exterior Routes ModifY patio picnic tables for wheelchair access(2) 52.00 92-93 Widen door from patio to cardroom 800.00 94-95 Entrances Automate front door 1500.00 93-94 Bevel thresholds (3) 25.00 93-94 Restrooms Replace sink faucets 175.00 93-94 Wrap hot water pipes 28.00 92-93 Install fuIllengtb mirrors 260.00 92-93 Lower dispensers to 40" 56.00 92-93 Work/plan surface Purcbase four caddies on casters to accommodate wheelchairs 350.00 93-94 Buy two extra tall car tables 150.00 93-94 Rouuded Subtotal for Senior Center 53,400.00 BUILDING CATEGORY NOTE ~ DATE Service Center Parking Add one van space 52.00 93-94 Directional signs/access logo Exterior Routes Handmil at entranœ ramp 800.00 93-94 Bevel front entrance 150.00 93-94 Automate front door 1500.00 93-94 Telephone Remount pay phone to PACBELL 92-93 48" to coin slot and add 29" cord Rounded Subtotal for Service Center 52,soo.00 Monta Vista Recreation Center Parking "Tow-away" signs 60.00 93-94 Stripe for van staIl 52.00 Exterior Routes Hard pack route to bleachers 1200.00 94-95 Handrails along including ramps 1500.00 94-95 Directional access signs 150.00 93-94 Entrances Door closures adjusted 28.00 92-93 Opening force for doors adjusted 28.00 92-93 Restrooms Acx:ess logos 25.00 93-94 Grab bars reinstalled 65.00 93-94 Wrap exposed pipes 26.00 92-93 Replace sink fàuœts (4) 500.00 93-94 Install full length mirrors 520.00 92-93 Lower dispensers 104.00 92-93 Signagc Needed everywhere 500.00 93-94 Audiolvisual fire alarms 1000.00 94-95 Rounded Subtotal for Mouta VIsta Center $6,000.00 BUILDING CATEGORY NOTE !X!SI DATE Sports Center Parking Add two accessible parking spaces 104.00 93·94 Relocate van space on flat surface 52.00 93-94 Curbcut at accessible parking spaces 750.00 93-94 Exterior Routes Pathway from Stevens Creek to lower level on cast ofbldg. 1250.00 94-95 Directional signs 150.00 93-94 Wheelchair lift to front door 10,000.00 93·94 Handrail at front entrance 800.00 93·94 Entrances Automate front door 1250.00 93-94 Bevel thresholds (2) 300.00 93-94 , Drinking Fountain Properly mountccl (2) 2000.00 93·94 (one inside-one outside) Interior Routes ·Elevator 30,000.00 Doors Hardware (5) 500.00 93·94 Thresholds beveled (3) 450.00 93·94 Adjust opening force 26.00 93-94 Restrooms Door clearance requites removal of modesty screen 56.00 94-95 Reconfigure toilet stalls 756.00 94·95 1nsta11 correct urinal 350.00 94·95 Wheelchair clearance under sink 750.00 94-95 Replaa: faucets 600.00 94-95 Wrap exposed pipes 310.00 94-95 1nsta11 full length mirrors 560.00 94-95 Lower dispensers to 40" 250.00 94-95 Access logo 25.00 94-95 Telephones Replaa: at correct height PACBELL 92-93 .The future of the Sports Center is subject to a master plan that has not yet been completed. Before a sum as large as that for the elevator is expended, the size of the facility and its program uses arc needed. Lower level access is possible without the elevator. BUlLDING CATEGORY NOTE COST DATE Sports Center (continued) Signage Access logos & braille 300.00 94-95 Visual fire a1ann 300.00 94-95 Rounded Subtotal for Sports Center 552,000.00 Blue Pheasant Building· Parking 6 accessible spaces required including one van space 300.00 94-95 Directional signs 50.00 94-95 Exterior Routes Ramp tp pro-shop replaced at correct slope and texture 18,000.00 94-95 Handrails 2000.00 94-95 Thresholds to outdoor , restrooms 450.00 93-94 Entrances Wheelcbair lift at front door 10,000.00 94-95 Automate front door 1500.00 93-94 Bevel threshold 150.00 93-94 Handrails 1500.00 93-94 Widen lower outside doorway 5000.00 94-95 Drinking Fountain Replace at pro-shop 1000.00 94-95 Restrooms (Inside &Outside) Reconfigure stalls 2400.00 94-95 Install grab bars 85,00 94-95 Replace urinals 700.00 94-95 Replace with accessible sinks 1000.00 94-95 Wrap exposed pipes 104.00 94-95 Change faucets 704.00 94-95 Install full length mirrors 660,00 94-95 LPwer dispensers 78.00 94-95 Widen exterior doors (2) in outside restrooms 1132.00 94-95 Telephones Locate pay phones at correct height PACBELL 92-93 Ronnded Subtotal for Blue Pheasant 546,813.00 ·The restaurant portion is leased for operation. Renegotiations for the restaurant will address whose obligation it is to make the required modifications before the January, 95 deadline. BUILDING CATEGORY NOTE gm DATE Blackberry Farm Exterior Routes Ramp to pump room 500.00 94-95 Ramp & fence reconfigurations 1500.00 94-95 to 2nd pool to include port-a-potties Ramps on creek crossing (2) 1500.00 93-94 Telephone Relocate to flat grade PACBELL 94-95 Fire Alarms V1SU8I and audio (10) 100.00 94-95 Restrooms Reconfigure stalls 2400.00 94-95 Install grab bars 85.00 94-95 Install urinal 350.00 94-95 Wrap exposed pipes 104.00 94-95 Install fu1llength mirrors 660.00 94-95 Lower dispensers 104.00 94-95 Reconfigure Woman's Dressing room 450.00 94-95 Shower outside Stalls Remove screen 208.00 94-95 Lower & modify faucets 450.00 94-95 Showerhead outdoors at 2nd pool 150.00 94-95 Pools Lifts for pools (2) 7000.00 94-95 Drinking Fountain RepIaa: (2) 2000.00 94-95 Rounded Subtota1 for Blackberry Farm 518,000.00 ESTIMATED FOR ALL BUILDINGS $136,700.00 ADA Standards for Park Accessibility Parkinll Lots Number One bandicapped space per 25 spaces with a minimum requirement of one One in every eight spaces, but not less than one, aa:essible van space (96" minimum width) Signs International symbol for access Signage for van space Geometric symbols for bathrooms Exterior Routes RequiIed from buildings to transportation stops, parking and sidewalks Trees Pruned to 72" above ground Texture Stable, firm and slip resistant Width 36" minimum 48" minimum for sidewalks Cbange in levels Greater than 112" requires bevel with ratio of 1:2; or ramp with ratio ofl:12 Picnic Tables Modifications to a minimum of one table to allow a wheelchair to use facing forward Standards (Continued) Bathrooms Number accessible Minimum of one Stalls 36" X 69" Doors to stalls 32" minimum clear width 34" for side approach Grab bars 33" above floor 1 112" clear from wall (to 36" above floor if tank type toilet) Hardware Must not require tight grasping or twisting of wrist Door closures 3 second minimum sweep from 70 open Opening force S lbs. maximum Toilets 17" - 19" to top of seat Urinals One minimum; wall hung or stall type with elongated rim 17" maximum to rim 30" X 48" of clear floor space Flush controls - 44" maximum Pay phones Maximum of 48" to coin slot 27" clearance to fountain pan 36" maximum to bubbler 30" X 48" floor space Must be approachable straight on Drinking Fountains 9" clearance from ground for feet 27" from ground to fountain pan 36" maximum to bubbler 30" X 48" floor space Must be approachable straight on Barriers to Access for People with Disabilities Survey of City of Cupertino Parks The following Facilities Report for ADA constitutes the identification of the physical barriers in parks that limit accessibility to programs and services for people with disabilities. This report also includes estimated costs and the fiscal year recommended for modifications to be made. Communication regarding the accessibility of pads are planned for the Cupertino Scene. Park Report for ADA PARK CATEGORY NOTE ~ DATE Memorial Bathroom Lower dispensers 56.00 93-94 Grab bars 65.00 93-94 Programs Tennis viewing for wheelchairs 750.00 94-95 Drinking Fountains Install two 2924.00 93·94 Signs Access logo 250.00 93-94 Picnic Tables Moditÿ two 104.00 93-94 Pathways Smooth and widen 600.00 ongoing Telephone Request pay phone outside Senior Center 92-93 McClellan Ranch Drinking Fountain Install one 1982.00 93-94 Parking Paint van stall 52.00 93-94 Picnic Table Moditÿ one 52.00 93-94 Bathrooms Install mirror 260.00 94-95 , Wrap pipes 28.00 94-95 Reconfigure stalls 700.00 94-95 Bevel entrance 600.00 94-95 Grab bars installed 65.00 94·95 Replace urinal 350.00 94-95 Replace sink fauœts 175.00 94-95 Lower dispensers 56.00 94-95 Signs Directional 25.00 94-95 Access logos 25.00 94-95 Restroom designations 150.00 94-95 Pathways Harden surface of trails 1200.00 Telephone Request installation of pay phone 92-93 Monta Vista Picnic Tables Moditÿ one 52.00 93-94 Parking Paint van stall 52.00 93-94 Linda Vista Topography This padt is located on a hillside. Its nature prohibits slopes which meet ADA standards and as such is exempted from regrading. Signs Access logo 100.00 93-94 Drinking Fountain Install one 1982.00 93-94 Bathrooms Remove modesty screen at entrance 500.00 94-95 PARK CATEGORY NOTE OOSI DATE Portal Topography The slopes of the pathway are not to standard due to the quick rise to the back of the park. Re-grading will be required one day Undeternúned Signs Access logos 100.00 Bathrooms Remove screening at entrance 500.00 94-95 Grab ban 65.00 94-95 Lower dispensers 56.00 94-95 Install minor 260.00 94-95 Wrap pipes 28.00 92-93 Recon1igure stalls 700.00 94-95 Replace sink faucets 175.00 94-95 Picnic Tables MPdify one 52.00 93-94 Drinking Fountain Install one 1982.00 93-94 Somerset Topography The slope of the pathways are not to standard due to the rise to the back of the park Picnic Tables MPdify one 52.00 93-94 Varian Drinking Fountain Install one 1982.00 Picnic Tables MPdify one 52.00 93-94 Signs Tow-away Wilson Signs Directional to accessible entrance 150.00 93-94 Drinking Fountain Install two 3132.00 93-94 Picnic Tables MPdify one 52.00 93-94 Jollyman Picnic Tables Modify one 52.00 93-94 Parking Both lots - stripe for van stall 104.00 93-94 Steps V1SU8l striping 28.00 92-93 Signs Access logo 150.00 93-94 Club cut SE parking area Three Oaks Drinking Fountain Install one 1932.00 93-94 Picnic Tables MPdify one 52.00 93-94 Parking signs Install 77.00 Club cut Modify slope & traction Hoover Picnic Table MPdify one 52.00 93-94 Rounded Total Costs: 25,000.00 o· ADA Standards for Signage and Symbols Letters and numbers width to height ratio of3:5 Minimum character height of 3" Letters and numbers shall be raised 1/32" and be accompanied by Braille at a height of at least 5/8" and no higher than 2" Characters and background of signs shall be non-glare and in contrast with each other Permanent signs placed adjacent to latch side of door no higher than 60" above the finished floor Symbols of Accessibility Facilities and elements which are accessible should be identified with international symbol of accessibility Telephones should be separately identified if: Volume controlled Text telephone Assistive listening systems need to be identified It has not yet been determined by the Department of Justice whether or not a closed captioned system must be used with The City Channel. The costs range rrom $15,000 to $35,000 depending on quality. Additionally, a stenographer would be required at all telecasted meetings at an approximate cost of$100.00 per hour. Signage needs have been identified in the previous surveys offacilities and parks. Barriers to Access for People with Disabilities Survey of City of Cupertino Streets and Sidewalks The following projects were identified during the public hearings held in July, 1992, It should be noted that public consensus that the City of Cupertino's streets and sidewalks are remarkably accessible due to an active program for curb ramps and maintenance. PROJECT ~ DATE Complete sidewalk along Bubb Road Grant will fund 93-94 Flatten sidewalk Ongoing program Straighten sidewalks on Council must decide to remove Stevens Creek Blvd. between the street trees or buy right-of-way, Stelling and De Anza The sidewalk itself would be approximately $7 per sq. foot. Audible traffic light at Bandley and Stevens Creek $ 1,000.00 93-94 Flashing caution light at Saich and Stevens Creek 6,000.00 93-94 Install sidewalk and curb 93-94 ramps at bus stop on Wolfe Rd. at Hewlett Packard entrance 2,600.00 Cwb ramps to walkway on 280lWolfe overpass 4,000.00 93-94 Sidewalk on De Anza near Stevens Already scheduled 93-94 Creek (by PWV Bank) KirwinlMcCleUan - curb ramps 2,000,00 93-94 Sears driveway on Stevens Creek needs 93-94 a slope correction WheatonIPortaI - curb ramps 2,000,00 93-94 Rounded Total of Streets and Sidewalk Projects S 17.600 COMP~PROCEDURE In February, 1992 the City Council adopted a resolution that established a Disability Discrimination Policy which, among other things, established a procedure for investigating and resolving internal disability discrimination complaints related to employment practices. The entire policy follows as Exhibit A Adoption of this transition plan establishes a similar complaint procedure for any individual that believes they have been subjected to unlawful discrimination on the basis of disability by the City of Cupertino, its employee(s), services or programs. CITY OF CUPERTINO ADA COMPLAINT PROCEDURE POLICY Any individual who believes that they have been subjected to unlawful discrimination on the basis of disability by the City of Cupertino, its employee(s), service or program may file a complaint. A complaint is a formal expression of dissatisfaction with an employee, policy, service or program provided by the City of Cupertino regarding access or discrimination on the basis of disability as defined in the Americans with Disabilities Act of 1990. PROCEDURE I. Any individual who believes he or she has been discriminated against on the basis of disability including being denied access to facilities and programs, may make a ' written complaint as soon as possible after the incident. In order to facilitate the investigation, the complainant is encouraged to submit the complaint within 30 days of the alleged incident(s). In all cases, complaints must be received in writing and include the location and date the alleged incident occurred. All complaints should be sent to the Assistant to the City Manager's office, City Hall, 10300 Torre Ave., Cupertino, 95014, for resolution. A written record of the complaint and the action taken will be maintained by the City. A decision by the Assistant to the City Manager will be rendered in writing within 30 working days. For additional information or assistance, call (408) 252-4505 (voice) or (TDD). Copies of this policy are available in large print. 2, The complaint shall include: a description of the alleged discriminating activity, policy, program or service; dates(s), tirne(s) and location(s) ofincidents(s); name( s), of witnesses, if any; complainant's address and telephone number; copies of documents; and remedy desired. 3. Upon receipt of a complaint, the Assistant to the City Manager ( or designee) shall cause an investigation of all charges to be made. The investigation shall include interviews with: (a) the complainant; (b) the person(s) responsible for the activity, policy, program or service engaged in the alleged incident; and (c) any other person believed to have relevant knowledge concerning the complaint. 4. Upon completion of the investigation, the Assistant to the City Manager (or designee) shall review factual information gathered through the investigation to determine whether the alleged complaint constitutes discrimination, giving consideration to all factual information, the totality of the circumstances, including the nature of the activity, program or services and the context in which the alleged incidents occurred. 5. The Assistant to the City Manager shall then prepare a written report stating the results of the investigation and the determination as to the action(s) to be taken, if any. The results of the investigation and recommendation(s) shall be conveyed to appropriate persons, including the complainant and the person( s) responsible for the alleged activity, policy, program or service engaged in the incident. The decision of the Assistant to the City Manager is final. 6. The complainant's right to a prompt and equitable resolution of the complaint will not be impaired by the complainant's pursuit of other remedies, such as the filing of a complaint within the Department ofJustice or other appropriate federal agency, or the filing of a suit in state or federal court. Complaints to any federal agency must lie within 180 days of the alleged discrimination. J Disability Discrimination Policy And Complaint Procedure I. PURPOSE The purpose of this policy is: to prohibit and eliminate any discrimination in employment against a qualified individual with a disability; to define what constitutes "disability"; to define who is a "qualified individual with a disability'" to define discrimination on the basis of disability; and to establish a procedure for investigating and resolving internal disability discrimination complaints. II, POLICY Discrimination on the basis of disability against an applicant or an employee who is a qualified individual with a disability, by a supervisor, management employee, or coworker is not condoned and will not be tolerated. This policy applies to the job application process and to all terms and conditions of employment including, but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation and training. 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 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, even if the complaint is not upheld. ill. 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. . Disability Discrimination Policy and Complaint Procedure Page 2 1. Physical or Mental Impairments Physical or mental impairments include, but are not limited to: vision, speech and hearing impairments; emotional disturbance and mental illness; seizure disorders; mental retardation; orthopedic and neuromotor disabilities; learning disabilities; diabetes; heart disease; nervous conditions; cancer; asthma; Hepatitis B; my infection; and drug addiction if the addict has successfully completed or is participating in a rehabilitation program and no longer uses illegal drugs. The following conditions are not physical or mental impairments: transvestitism; illegal drug use; homosexuality and bisexuality; compulsive gambling, kleptomania; pyromania; pedophilia; exhibitionism; and voyeurism; pregnancy; height; weight; eye color; hair color; left-handedness; proverty; lack of education; a prison record; and poor judgment or quick temper if not symptoms of a mental or physiological disorder. 2. Substantial Limitation of Major Life Activities An individual is disabled ifhe or she has a physical or mental impairment that (a) renders him or her unable to perform a major life activity, or that (b) substantially limits the condition, manner or duration under which he or she can perform a particular major life activity in comparison to other people. Major life activities are functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. In determining whether physical or mental impairment substantially limits the condition, manner or duration under which an individual can perform a particular major life activity in comparison to other people, the following factors sha1l be considered: a. the nature and severity of the impairment; b. the duration or expected duration of the impairment; and c. the permanent or long-term impact (or expected impact) of or resulting &om the impairment. Disability Discrimination Policy and Complaint Procedure Page 3 In determining whether a physical or mental impairment substantially limits an individual with respect to the major life activity of "working, " the following factors should be considered: a. the geographical area to which the individual has reasonable access; b. the job trom which the individual has been disqualified because of an impairment and the number and types of jobs within that geographical area utilizing similar training, knowledge, skills or abilities trom which the individual is also disqualified because of the impairment; and/or c. the number and types of other jobs within that geographical area not utilizing similar training, knowledge, skills or abilities (to the job trom which disqualified) trom which the individual is also disqualified because ' of the impairment (broad range of jobs in various classes). 3. Having a Record of Impairment An individual is disabled ifhe or she has a history of having an impairment that substantially limits the peñormance of a major life activity; or has been diagnosed, correctly or incorrectly, as having such an impairment. 4. Regarded as Having a Disability An individual is disabled if he or she is treated or perceived as having an impairment that substantially limits major life activities, although no such impairment exists. B. Qualified Individual with a Disability A "qualified individual with a disability" is a person who (1) satisfies the job related requirements for the position, and (2) can peñorm the "essential functions" of the position despite their disability, or who (3) with "reasonable accommodation" can perform the essential functions of the position. Disability Discrimination Policy and Complaint Procedure Page 4 1. Satisfied Job-Related Requirements The first step is to determine whether the disabled individual satisfied the job- related requirements of the position. SatisfYing the job-related requirements of the position means that the disabled individual possesses the appropriate educational background, employment experience, skills, and license required for the position. 2. Essential Factors The second step is to determine whether the individual can perform the essential functions of the position despite their disability. Essential functions are the fundamental duties of a position. Marginal or peripheral functions of a position are not essential functions. A function may be essential because: a. the reason the position exists is to perform that function; b. of the limited number of employees available among whom the performance of that job function can be distributed; and c. it is highly specialized and requires specific expertise or skill to perform. The following factors shall be considered in determining whether a function is essential: the agency's judgment as to which functions are essential; written job descriptions; the amount of time spent on the job performing the function; the consequences of not requiring the performance of the function; the terms of a collective bargaining agreement or MOU; and the work experience of past and present incumbents in the position. 3. Accommodation If the individual cannot perform the essential functions despite their disability, the third step is to determine whether reasonable accommodation would enable the individual to perform the essential functions of the position. Disability Discrimination Policy and Complaint Procedure Page 5 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. Accommodation means modification or adjustments: a. to a job application process to enable an individual with a disability to be considered for the position; b. to the work environment in which a position is performed so that a disabled person can perform the essential functions of the position; and c. that enable disabled individuals to enjoy equal benefits and privileges of employment as other similarly situated employees without disabilities enjoy. Accommodations includes making existing facilities and equipment used by employees readily accessible to and usable by individuals with disabilities. Accommodation applies to: * all employment decisions and to the job application process; * all services and programs provided in connection with employment; * non-work facilities provided by the agency to all employees; and * known disabilities only. Accommodation is not required if: * it eliminates essential functions of a position ftom the disabled individual's job; or * adjustments or modifications requested are primarily for the benefit of the disabled individual. Disability Discrimination Policy and Complaint Procedure Page 6 4. Undue Hardship Agency will not provide an accommodation that imposes an "undue hardship" on the operation of the agency's business. Undue hardship means significant difficulty or expense incurred in the provision of accommodation. Undue hardship includes but is not limited to financial difficulty. Undue hardship refers to any accommodation that would be unduly costly, extensive, substantial or disruptive, or that would fundamentally alter the nature or operation of the business. Whether a particular accommodation will impose an undue hardship is detennined on a case-by-case basis. The following factors will be considered in determining whether an accommodation would create an undue hardship: the nature and cost of the accommodation; the financial resources of the agency; the number of employees; and the type of operations of the agency, including , the composition and functions of its workforce. 5. Determining the Appropriate Accommodation If a qualified individual with a disability requests the provision of a reasonable accommodation, the agency shall engage in an informal, interactive process with the disabled person which identifies the precise limitations resulting £Tom the disability and the potential accommodations that could overcome those limitations. The accommodation process shall generally involve five steps. First, the agency shall analyze the particular job at issue and determine its purpose and essential functions. Second, the agency shall consult with the disabled individual to ascertain the precise job-related limitations imposed by the individual's disability. Third, the agency shall consult with the disabled individual to identify potential accommodations. Fourth, the agency shall assess the effectiveness of each potential accommodation with regard to enabling the individual to perform the essential functions of the position. Finally, the agency shall consider the preference of the individual to be accommodated and select and implement the accommodation that is not appropriate for both the employee and the agency. Disability Discrimination Policy and Complaint Procedure Page 7 C. Discrimination on the Basis of Disability Discrimination on the basis of 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 participate in a contract which could subject an applicant or employee with a disability to discrimination; to use any standards, criteria or method of administration which could have the effect of discriminating on the basis of disability; to deny equal jobs or benefits because of a disability; to fail to make reasonable accommodations to known physical or mental limitations of an otherwise qualified individual unless it can be shown that the accommodation would impose an undue hardship; to use a selection criteria which exclude disabled person unless the criteria is job-related and consistent with business necessity; and to fail to use employment tests in a manner that ensures that the test results accurately reflect the applicant's or employee's skills or aptitude for a particular job. IV. Complaint I. A 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: (a) comp1ainant's immediate supervisor; (b) comp1ainant's department head; or (c) the Assistant to the City Manager who has been designated to coordinate agency's efforts to comply with federal and state laws concerning employment discrimination on the basis of disability. In order to faci1itate the investigation, the complainant is encouraged to submit the complaint within 30 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. Disability Discrimination Policy and Complaint Procedure Page 8 2. The complaint shall include: * a description of the offending behavior( s) or violations; * date(s), time(s) and location(s) ofincident(s); * name( s) of alleged offender( s); * name(s) of witnesses, if any; and * remedy desired. 3. Complainant's immediate supervisor or department head shall refer all complaints received to the Assistant to the City Manager, 4. Upon receipt of a complaint, the Assistant to the City Manager 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 believed to have relevant knowledge concerning the complaint. 5. Upon completion of the investigation, the Assistant to the City Manager shall review the information gathered through the investigation to determine whether the alleged conduct constitùtes 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. 6. The Assistant to the City Manager shall then prepare a written report setting forth the results of the investigation and the determination as to whether discrimination occurred. The results of the investigation shall be conveyed to appropriate persons including to the complainant, the person(s) allegedly engaged in discrimination, the supervisor, and the department head. 7. If it is determined that discrimination occurred, swift and appropriate disciplinary action will be commensurate with the severity and/or rrequency of the offense. 8. Reasonable steps shall be taken to protect the victim and other potential victims rrom further discrimination. Disability Discrimination Policy and Complaint Procedure Page 9 9. Reasonable steps shall be taken to protect the victim fÌ'om retaliation as a result of communicating the complaint.