HomeMy WebLinkAboutRPT 4 ADA COMPLIANCE 01-20-92�A
AGEN
JANUARY 13, 1992
REPORTS NO. 4
1-20-92
WILLIAM A. HUSTON, CITY MANAGER
AMERICANS WITH DISABILITIES ACT (ADA) TASK FORCE
STATUS REPORT -- COMPLIANCE WITH THE AMERICANS WITH
DISABILITIES ACT
RECOMMENDATION
Receive and File.
BACKGROUND
The Americans with Disabilities Act (ADA), effective July 26, 1991 is a
federal anti -discrimination statute designed to' remove barriers that
prevent qualified individuals with disabilities from enjoying the same
opportunities that are available to non -disabled individuals. The Act
provides a comprehensive national mandate for the elimination of all
discrimination against qualified individuals with disabilities.
This law includes provisions regarding employment, state and local
government services, state and local government public transit services,
public accommodations provided by private entities, and communications.
DISCUSSION
Specifically, the Act contains five separate Titles, which have now been
codified in various Titles and Subchapters of the United States Code.
These Titles include:
1. EMPLOYMENT - Title I of the Act prohibits employers from
discriminating on the basis of an individual's disabilities.
This Title applies to all facets of employment, including
application for employment and all terms of employment.
2. PUBLIC SERVICE - Title II of the Act requires public entities
involved in public transportation services to upgrade
facilities and modes of transportation to provide readily
accessible services to disabled individuals.
3. PUBLIC ACCOMMODATIONS - Title III of the Act prohibits
discrimination in places of public accommodation and requires
affirmative action by private entities operating public
transportation services in terms of upgrading facilities for
the benefit of disabled persons.
4. TELECOMMUNICATIONS RELAY SERVICES - Title IV of the Act
requires carriers of telephonic services to provide equal
communication opportunities to disabled persons.
5. MISCELLANEOUS PROVISIONS - Finally, Title V of the Act
provides for certain miscellaneous considerations, such as
State immunity, attorneys' fees, and prohibits retaliation for
private actions take under available discrimination remedies.
While the City of Tustin is not the enforcement agency responsible for
ensuring private and public compliance with the Act, there are
provisions of the Act that do require the City to take certain actions.
By January 26, 1992 the City must have in place an internal complaint
procedure which provides for a prompt and equitable resolution of
complaints alleging an action for the City violating provisions of the
Act. To meet this requirement, staff has prepared the attached
Administrative Appeal procedure (Attachment "A"). Any grievances
received will be investigated by the City Manager or his designee. In
addition, the following information regarding the administrative appeal
procedure will be added to the "Tustin Today" publication to indicate
how the claim form and ADA information can be obtained:
"The City of Tustin has established an Administrative Appeal
Process to equitably and promptly resolve grievances from
individuals who feel the City is in noncompliance with the
Americans With Disabilities Act of 1990. Administrative Appeal
forms and copies of the Act are available in the City Clerk's
office at 15222 Del Amo Avenue, Tustin, CA. 92680."
By July 26, 1992 the City must develop a Transition Plan identifying
physical obstacles that limit access to City programs, activities, and
facilities. This plan must describe in detail methods to be used to
make facilities and programs accessible and specify an annual schedule
for achieving compliance. All improvements identified in the Transition
Plan must be completed as quickly as possible and no later than January
26, 1995. A task force of representatives from selected City
departments will be working together to complete the required
inventories, with input from the community, including individuals with
disabilities and organizations representing the disabled. Any
improvements identified as part of the Transition Plan will then need to
be programmed into the City's capital improvement plan.
ADA regulations also require that the City conduct a self-evaluation of
current policies, practices, and services to assure compliance with the
Act. This evaluation process will include a description of the City
programs examined and any identified problems, modifications made to
solve the problems, and a list of interested persons or organizations
consulted as part of the self-evaluation process. The ADA Task Force
has already begun the self-evaluation, which must be completed and
available for public review by January 26, 1993.
CONCLUSION
Staff does not anticipate any major problems with complying with ADA
regulations. The various requirements will provide several benefits to
the Tustin community, as barriers to participation and involvement will
be identified and removed. This will make the City's programs and
facilities accessible to more people. The City's ADA -Task Force will
continue to meet and will keep you apprised of the City's progress in
regards to meeting the provision of the Act.
a ie Pitcher
Administrative Assistant
ADA Task Force Representative
RSL:klb:ADA
Christine A. Shing ton
Assistant City Ma er
EXHIBIT 'A'
CITY OF TUSTIN
AMERICANS WITH DISABILITIES ACT
ADMINISTRATIVE APPEAL
The Americans With Disabilities Act of 1990 prohibits the City of
Tustin, or any other unit of government, from discriminating on the
basis of disability in providing any governmental service to any
individual who meets essential eligibility requirements to receive
service. This administrative appeal process has been established
to promptly and equitably resolve grievances from individuals with
disabilities who allege the City's noncompliance with the Americans
with Disabilities Act. Grievances received by the City on this
form will be investigated by the City Manager or his designee.
Completed forms must be mailed or delivered to the City Manager,
City of Tustin, 15222 Del Amo Avenue, Tustin, California 92680.
The City Manager can be reached by phone by calling (714)544-8890
extension 210.
Copies of the Act and pertinent federal regulations are available
from the City Clerk.
WHEN COMPLETING THIS FORM, PLEASE TYPE OR PRINT IN BLACK INK
NAME:
ADDRESS:
CITY/ZIP CODE:
PHONE NUMBER:_
DESCRIPTION OF GRIEVANCE:
(Use additional pages if necessary)
SIGNATURE DATE
RECEIVED BY DATE
DRw : ADKI►PEAL . ADA