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CITY OF SAN BERteRDINO - REQUEST OR COUNCIL ACTION
From: Ernie Wilson, Affirmative Action OfficerSubjact: American with Disability Act
Dept: Affirmative Action Office
Date: July 13, 1992
Synopsis of Previous Council action:
None
Recommended motion:
Adopt Resolution
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Signature
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2.
Contact person: Ernie Wilson
Phone: (714) 384-5004
Supporting data attached: Staff Report
Ward:
FUNDING REQUIREMENTS:
Amount: none
Source: (Acct. No.)
(Acct. Descriotion)
Finance:
Council Notes:
75-0262
Agenda Item No /3
.CIT~ OF SAN BERtORDINO - REQUEST OR COUNCIL ACTION
75-0264
STAFF REPORT
The American Disability Act was signed into law in 1990 and becomes effective in
1992. The ADA prohibits disability discrimination in government services, public
accommodations, employment, transportation, and telecommunications. The law is
based on section 504 of the Vocational Rehabilitation Act. The ADA is much
broader in scope than section 504. All agencies and departments of all state and
local governments must comply, whether or not they receive federal funds. The
City of San Bernardino employment practices, libraries, parks, community services,
fire and police services, City Halls, community buildings - any program or
activity run by the City of San Bernardino - must be accessible to disabled
people.
Under the U.S. Justice Department ADA regulations, local government faces a
further unique set of rules and requirements. For example all jurisdictions
must conduct self-evaluations of programs and activities. This means also all
buildings owned, leased, or sub-let by the City; we must ensure that they are
readily accessible to and usable by disabled persons. If not modification may
be necessary which could or may impact the general fund.
Failure to comply with ADA requirements could mean federal government investi-
gations, lawsuits by employees and citizens and even loss of federal funding.
The City has formed a Task Force to do the self-eveluations. The Task Force
members are from Facilities Management, Building & Safety, Parks/Recreation &
Community Services, Planning, Economic Development Agency, Water Department,
Civil Service, Personnel, and the Affirmative Action Office acts as the
coordinator.
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING AND ADOPTING A POLICY OF THE CITY TO
3 COMPLY WITH THE CIVIL RIGHTS ACT OF 1964, THE EQUAL EMPLOYMENT ACT
OF 1972, THE CIVIL RIGHTS ACT OF 1991 AND THE AMERICANS WITH
4 DISABILITIES ACT, MAKING FINDING RELATIVE TO THE CITY'S COMPLIANCE
THEREWITH, AND DIRECTING AMENDMENT OF THE CITY'S AFFIRMATIVE
5 ACTION PLAN TO MAKE IT CONSISTENT THEREWITH.
6 WHEREAS, the citizens that make up this country are both
7 male and female and are of all races, religions, and ethnic
8 backgrounds, and
9 WHEREAS, many of our citizens are also physically
10 handicapped, and
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WHEREAS, . it is through this variety and diversity that
12 America derives much of its strength, and
13 WHEREAS, no citizen, no matter what his race, sex, age,
color, ethnicity, religion, national origin, physical handicap,
marital status, political affiliation, or personal belief should
be restricted or denied in his access to the public facilities and
institutions that serve him, and
WHEREAS, the Congress of the United States has adopted the
Civil Rights Act of 1964, the Equal Employment Act of 1972, the
Civil Rights Act of 1991 and the Arr,ericans with Disabilities Act
to assure that all citizens are treated equally before the law,
and
WHEREAS, the City of San Bernardino desires to express its
support for these legislative enactments and to assure that the
residents of this City are all treated equally with courtesy and
respect by the official City bodies and representatives,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
DAB/BeB/Affirmat.res
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July 10. 1992
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SECTION 1. The pOlicy attached hereto as Exhibit A is
approved and adopted as an official policy of the City of San
Bernardino.
SECTION 2. The City hereby finds that it is in compliance
with the Americans with Disabilities Act, the Civil Rights Act of
1964, the Equal Employment Act of 1972 and the Civil Rights Act of
1991 and directs its officers and employees to continue and
maintain such compliance insofar as said Acts apply to the City.
SECTION 3. The Affirmative Action Officer is hereby
directed to prepare an amendment to the City's Affirmative Action
Plan to reflect the City's commitment to the attached pOlicy.
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DAB/aea/Affirmat.res
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Ju1y 10. 1992
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RESOLUTION...APPROVING AND ADOPTING A POLICY OF THE CITY TO
COMPLY WITH THE CIVIL RIGHTS ACT OF 1964, THE EQUAL EMPLOYMENT ACT
OF 1972, THE CIVIL RIGHTS ACT OF 1991 AND THE AMERICANS WITH
DISABILITIES ACT...
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a.
meeting thereof, held on the
day of
, 1992, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
HILLER
City Clerk
The foregoing resolution is hereby approved this
of , 1992.
day
w. R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
DAB/ae./Affirmat.res
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July 10. 1992
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POLICY
The Civil Rights Act of 1964, Pub1ic Law 92-261 of The Equal
Emp10yment Act of 1972, civi1 Rights Act of 1991 and the Americans
with Disabilities Act (ADA) prohibits discrimination because of
race, sex, age, color, ethnicity, religion, national, origin,
physical handicap, marital status, political affiliation and/or
beliefs, or any other category protected by law.
Any person who perceives they have been excluded from participation
in employment opportunities with the City or have been excluded
from participation in or denied the benefits of any service,
program or activity sponsored in whole or part by the city of San
Bernardino, or anyone who believes that they have been subjected to
discrimination in any form based upon race, sex, age, color,
ethnicity, religion, national origin, physical handicap, marital
status, political affiliation and/or beliefs and any other category
protected by law may file a complaint alleging such discrimination.
Therefore, all notices and all contracts and agreements and
services to be provided to the city and for the city sponsored
activities and programs, must contain information relating the
requirement of Civil Rights Act, Equal Employment Act, Vocational
Rehabilitation Act and the Americans with Disabilities Act (ADA)
The following will be printed on all brochure, flyers, notices,
announcements, posters, etc., which gives information about
programs, services, activities, and facilities
The following will be included in contracts and agreements for.
services to be provided by private individuals and organizations
for City sponsored programs and activities.
agrees that during
Contractor, Vendor, Organization
activities described above, no person will be exc1uded from
participation in, denied the benefits of our otherwise
subjected to discrimination on the basis of race, color,
national origin, age, sex, or handicap, or any other category
protected by law.
COMPLAINT PROCEDURES
1. Should any individual complain to any City Department employee
of alleged discrimination in conjunction with any City
afforded services activities, programs and/or facilities, that
person will be directed to the city Affirmative Action Office
to complete a formal complaint form if the complaint cannot be
resolved at the departmental level.
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2. The Affirmative Action Officer will initiate an inquiry into
the alleged discrimination complaint. Information as to the
findings will be forwarded to all concerned parties as listed
in paragraph 3 below.
3. Procedures for filing' and distributing' cOIIDlaint forms &
information
When the individual files the formal complaint form, the
transaction will be date stamped as being received in the
Affirmative Action Office and entered into the Complaint Log.
One copy of the form will be forwarded to the appropriate
office in Washington D.C. when the complaint cannot be
resolved at the local level. A second copy will be maintained
in the Affirmative Action Office with an information copy
forwarded to the interested city department. A fourth copy
will be returned to the complainant.
*
The above requirements and procedures are provided for the guidance
and direction of all City Department personnel as activities and
services are planned and carried out. It is incumbent upon each
City Department to insure that all requirements and procedures are
followed and that individuals voicing complaints which cannot be
resolved at the departmental level be directed to the Affirmative
Action Office for filing a formal complaint form.
The City of San Bernardino is also in the process of doing a
handicap accessibility self-evaluation of all City owned and leased
buildings to assure that under the requirement of the American
Disability Act that city facilities meet handicap accessibility
including building and site, and programmatic accessibility.
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P Ii f
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COMPLAINT PROCEDURES
1. Should any individual complain to any City Department employee of any
alleged discrimination in conjunction with any City afforded services
activities, programs and/or facilities, that person may be directed to
the City Affirmative Action Office to complete a informal/formal
complaint form (if the complaint cannot be resolved at the departmental
level.
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