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Home My WebLink AboutR-92-0379J--92-406 6/08/92 RESOLUTION NO. 92--- 379 C: A RESOLUTION PROHIBITING DISCRIMINATION ON THE BASIS OF DISABILITY AND REAFFIRMING THE CITY COMMISSION'S PREVIOUS POLICY STATEMENT THAT THE CITY OF MIAMI SHALL PROVIDE EQUAL ACCESS AND EQUAL OPPORTUNITY IN EMPLOYMENT; APPOINTING A CITY OF MIAMI EMPLOYEE TO BE RESPONSIBLE FOR THE IMPLEMENTATION OF THE AMERICANS WITH DISABILITIES ACT OF 1990 (ADA); AND REAFFIRMING THE ADOPTION OF SECTION XI, COMPLAINT PROCESS OF THE AFFIRMATIVE ACTION PLAN, AS A GRIEVANCE PROCEDURE FOR INDIVIDUALS FILING COMPLAINTS UNDER THE PROVISIONS OF THE ADA. WHEREAS, the ADA was adopted by Congress to provide a clear and oomprehensive mandate for the elimination of discrimination against individuals with disabilities and to provide standards addressing discrimination against individuals with disabilities; and WHEREAS, the ADA provides civil rights protection for people with disabilities in employment, public accommodations, services provided by state and local governments, public and private transportation and telecommunications services; and WHEREAS, it is the desire of the Commission of the City of Miami that the Americans with Disabilities Act (ADA) be implemented and that a grievance procedure for individuals filing complaints under the provisions of the ADA be reaffirmed; CITY COMMISSION MEETING OF. J U N 1 1 1992 Resolution No. 9 2 -- 379 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: i Section 1. The recitals and findings contained in the Preamble of this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this j� Section. Section 2. Discrimination on the basis of disability is hereby prohibited and the City Commission's previous policy, statement that the City of Miami shall provide equal access and equal opportunity in employment and services and does not discriminate on the basis of disability is hereby reaffirmed. Section 3. The City Manager is hereby authorized to appoint a City of Miami employee to be responsible for the implementation of the Americans with Disabilities Act of 1990 (ADA) in the City of Miami. Section 4. The adoption of Section XI, Complaint Procedures of the Affirmative Action Plan, as a grievance procedure for individuals filing complaints under the provisions of the ADA is hereby reaffirmed. Section 8. This Resolution shall become effective immediately upon its adoption. -2- 92- 379 PASSED AND ADOPTED this 11th day of ATTE .3f: MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: 4()1,1�-r_..` h1. )g,�..__.. IRMA M. ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: . 1. , I e, �,, P0,4, AA W, IN NES, II CITY A EY IMA/rcl/M2975 -3- V L , 1992. Z, 92- 3'79 13 ;.!TY OF 1;114t;1!, F�ORiC�. INTER -OFFICE MEMORANDUM The Honorable Mayor and Members of the City Commission :. Ott Cesar H. Od City Manage �cwr Recommendation DATE (j1 iE. _ 3((]]r1n FILE iUi� �. t•.J�7i auBJEGT Americans With Disabilities Act REFERENCES. ENCLOSURES It is recommended that the Commission approve the attached resolution prohibiting discrimination on the basis of disability in compliance with the Americans With Disabilities Act (ADA); appointing a City employee responsible for implementation of the ADA; and reaffirming the adoption of a complaint procedure for individuals filing complaints under the provisions of the ADA. Background The Americans With Disabilities Act of 1990 signed into law by President Bush on July 26, 1990 establishes a clear and comprehensive prohibition against discrimination on the basis of disability. Specifically, the ADA prohibits discrimination against individuals with disabilities in the areas of employment, public services and transportation, public accommodations, and telecommunications services. Under the ADA, an individual with a "disability" is one who'has a physical or mental impairment that substantially limits one or moremajorlife activities such as caring for oneself, walking, seeing, hearing, speaking, and working; an individual who has a record of such a.n impairment, or an individual who is regarded as having such an impairment. Specifically, excluded from the ADA's definition. of individuals with disabilities are homosexuals, bisexuals, transvestites,` voyeurs, gender disorders, compulsive gamblers, kleptomaniacs, pyr,oma.niacs, and illegal drug users. As a result- of this legislation, I established an internal task force.co-chaired'by Hattie Daniels, Director, Internal Audits and Reviews, and Sue Weller, Labor Relations Officer, to review the impact on City programs, services and facil it.ies and to make recommendations to bring the City into compliance with the Act. 92_ 379 0#15 -1 The Honorable Mayor and Members of the City Commission Page 2 The employment requirements for the ADA become effective July — 26, 1992. Title I - Employment prohibits employers, employment agencies, labor organizations and joint labor-management committees from discrimination against any qualified individual with a disability regarding any term, condition or privilege of employment. The City is obligated to provide reasonable accom- modations such as making existing facilities used by employees readily accessible to and usable by individuals with disabilities, job restructuring, permitting part-time or modified work schedules, reassignment to vacant positions, acquisitions of modification of equipment or devices and the provision of qualified readers or interpreters. The task force is currently conducting a self -evaluation required by January 26, 1992 to assess the impact of services, policies and practices on accessibility. This evaluation will include input from the disabled community. To that end, we have appointed Harry Russell, Office of Handicapped Opportunities, and Jim Parrish, advocate for the disabled. The provisions established under Title I - Public Services, prohibit discrimination in restaurants, hotels, theaters, retail stores, museums, libraries, parks, private schools, and day care centers., Access must be provided for individuals with disabili- ties in all programs, activities and services provided by state and local government. These services must be provided for in an integrated setting. All City programs (including the Commission meetings) must be held in accessible facilities with interpreters provided upon request for hearing impaired individuals and City documents must be provided in an accessible format to the visually impaired upon request. Subpart, B of Title II addresses Public Transportation including buses, railroads, taxis, and limousines. Alterations to existing facilities must be accomplished so as to make the path of travel accessible for individuals with disabilities including those in wheelchairs. Therefore, we are required by the A-DA to provide all curbcuts at pedestrian intersections and sidewalks at bus shelters. A transition plan, must be prepared prior to July 26, 1992 identifying structural barriers in City facilities and leaseholds and establishing a time frame for structural changes. All structural barrier removal should be accomplished as soon as -possible but must take place no later than January 26, 1995. A survey is underway to identify architectural barriers in City buildings and facilities. This effort is being led by Marcia Brieter, Program Coordinator for the Disabled, and Aurora Badia, of Public Works. The Honorable Mayor and Members of the City Commission Page 3 Further, I have assigned Ron Williams to be responsible for the implementation of the ADA. Section XI of the Affirmative Action Plan establishes a complaint procedure which covers disability. This same procedure will be used to address grievances under the ADA.