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05-20-1998T Board Members Present: Board Members Absent: Others Present: ADA Advisory Board Meeting Minutes May 20,1998 Bob Evans, Tomas Mendez, Dorothy Powers, Ceasar Rodriguez, Kathe Stark Jennifer Switzer - Hensley, Larry Sharp, Ramon Armendariz John Weeks, Margaret Markham, Judy Harary, Jerry Nevarez, Don Brooks Absent a quorum, Kathe Stark called the meeting to order at 10:35 a.m. Since no quorum was present, approval of the minutes from the April meeting was deferred until the next meeting of the Board. Call for New Business: None heard Cupete. Don Brooks, Human Resources Director presented information to the Board on the activities of his department as they relate to the ADA. Don reported that prior to having an ADA Coordinator his Department was not fully aware of the entire scope of ADA as it relates to employment issues and that staff awareness of the requirements and procedures has risen tremendously. Don reported that Human Resources is responsible for recruitment, screening, referral, compensation, classification, recordkeeping and consultation with individual departments on employment issues. Ceasar Rodriguez asked if it was fair to say that before the ADA Coordinator was hired that the City was out of compliance. Don responded that the City made every effort to accommodate employees and applicants with disabilities but the addition of the ADA Coordinator has greatly enhanced their awareness in this area. Bob Evans and Dorothy Powers asked about responsibility for job descriptions and nondiscrimination. Don explained the current process of analyzing each position and ensuring the essential functions are delineated and only bona fide requirements are included. Kathe further described the process currently underway with over 200 job analyzed and job descriptions re- written. Bob Evans reported that Tresco is using a Department of Labor model which results in very detailed job descriptions of 4 -5 pages long. Margaret Markham asked what Don means when he refers to reasonable accommodation. Don explained the City Policy and that accommodations could include tools, testing assistance until they cause an undue hardship. Margaret asked about physical accessibility for an employee who uses a wheelchair. Don reported the City has not had to deal with that issue. Kathe Stark explained the requirements for an employee with a disability to request needed accommodations and that accommodations would include physical modifications to the work environment if needed. Margaret Markham posed a hypothetical question where a disabled candidate would be head and shoulders more qualified than other applicants but V J is paralyzed and yet has to use a City vehicle and cited that the vehicle would have be adapted, potentially with hand controls. Ceasar Rodriguez asked for the meaning of undue hardship. Kathe explained the ADA definition of unduly costly, substantial, disruptive, extensive or something which would fundamentally alter the nature of the operations. Kathe explained that since employment accommodations are not costly, based on national studies, unduly costly is not an issue. What can become an issue is something which would fundamentally alter the nature of the operations. Tomas Mendez stated that even if an analysis of a requested analysis showed it would create an undue hardship, the employee may still disagree. Margaret Markham stated she hopes Risk Management is involved in this area. Ceasar asked if he were hired, what accommodations would the City provide for him. Dorothy pointed out to Ceasar that it would depend upon the specifics of the job he held. Don Brooks agreed that reasonable accommodations are job specific. Jerry Nevarez, EEO/Training Director described his responsibilities in both training and EEO activities. Jerry reported that prior to the arrival of the ADA Coordinator, Dr. Larry Sharp had done 2 -3 open training sessions for city staff. Dr. Sharp needed an accommodation revolving around the height of the table and that blocks were placed under the legs to raise the surface. Ceasar asked how many attended. Jerry said he was not certain but would check training records. Jerry reported the on -going training efforts by the ADA Coordinator in collaboration which the EEO /Training Office. Ceasar asked for a list of participants in training pre -ADA Coordinator and post -ADA Coordinator. Margaret Markham asked Jerry for examples of ADA problems in the course of employment. Jerry reported he has not encountered ADA problems since with the City. Judy Harary asked where the nearest EEOC office is and requested the address and telephone number (information sent). Judy also asked what a New Mexico resident would do if employed in El Paso and felt his/her ADA rights were violated. Jerry suggested working with the EEOC since they are the federal agency in charge of enforcement of the employment provisions of the law. In New Mexico, the EEOC and New Mexico Department of Human Rights both investigate alleged violations of the ADA in employment. Jerry described the City's policy and procedures for filing a discrimination complaint and that this policy does not preclude an employee or applicant from filing their complaint with the New Mexico Department of Human Rights or the EEOC. Begin discussion of sidewalk priorities. The sidewalk survey with the GPS equipment is virtually complete. Developing a sidewalk transition plan will be a lengthy process given the scope of work. A discussion took place pertaining to means to identify where persons with disabilities live and where they are going so sidewalks, drive pads and curb cuts along those paths could be reviewed as potential priority areas in future improvements. A suggestion was made that there be a survey of persons with disabilities. Sources of information may include Memorial Medical Center, CORE Rehabilitation, TRESCO, the Housing Authority, Tierra del Sol developments, bus routes. Margaret Markham pointed to the public housing area across the street from Munson Center. Tomas asked to what end would a survey be done? U J Kathe reported there are going to be several driving forces behind sidewalk improvements including the pavement maintenance system which indicates the condition of roadways throughout the City. Currently when roadway improvements are going to be needed, the Engineering staff completes the sidewalk work the preceding year then follows up the following year with the roadway improvements. Other driving forces may be a case by case response to problems individuals experience and thirdly, getting the biggest bang for the buck with sidewalk improvements in those areas in which residents live and are traveling along sidewalks to certain locations. Tomas added that the Board could make a recommendation to the Council that such a survey be conducted if that is their intent. John Weeks asked why we didn't think in terms of developing a curb design so every place would be accessible. What about individuals being able to cross the street between curbs? Bob Evans cited that safety is the overriding issue. Curb cuts at the appropriate places provide pedestrian crossing for everyone at predictable locations. To have pedestrian crossings along the street would encourage jay - walking and put individuals at risk. Thomas added that at the last Board meeting Robert Garza addressed this issue and that there are several design standards in place. Margaret Markham cited that merely identifying where people with disabilities live may not accomplish anything because it does not indicate where they are traveling to and what barriers they are encountering. Bob Evans agreed citing that to know where the problems are we need to know where the need is. Absent a quorum, no recommendations could be made. Agenda Setting The Board would like to have Peter Gilbert come to the next meeting with a presentation on the sidewalk survey focusing on the area between Alameda and Mesquite. Kathe will extend the invitation to Peter. Adjourn Meeting Kathe adjourned the meeting at 12:00 p.m. Res ectfully su mitted, i Kat a Stark, M.S. ADA Coordinator NEXT MEETING: Wednesday, June 17,1998 Location: Branigan Library 2nd Floor Pearl Higgens Room Time: 10:00 p.m. -12:00 p.m. If you need an accommodation to fully participate in and benefit from this meeting, please call Kathe Stark at 528 -3401N or 528- 3402/TTY 48 hours in advance. / �� gqC7Q�fXit�' (AeRA--s co wues 1l 11 I V ev�rvkve- L C, o t o aCU 6orpemrd s j f3 a 3 f ,i V O Agenda ADA Advisory Board May 20,1998 10:00 Call to Order 10:00 Approval of the Minutes 10:05 Call for New Business 10:15 Guests: Gerard Nevarez, EEO /Training Office Don Brooks, Human Resources Director 11:45 Agenda Setting 12:00 Adjourn Meeting Serving Customers with Disaiblities Training Participant Department 1. Deborah McWilliams 2. Cynthia Buzman 3. Nicole Richie 4. David Aguayo Administration 5. Roberto Estrada City Manager 6. Tencha Puentes CS &F Administration 7. Dolores Estrada Fire 8. Carol Marin Fire 9. Marie Carrillo Fire 10. Carol Sedillo Fiscal Management 11. Carol Brey Library 12. Myrna Sanders Library 13. Nancy Welch Library 14. Nancy Turner Library 15. Nancy Harmeson Library 16. Jeanne Myers Library 17. Dolores Saucedo Library 18. Timothy Billman Parks & Recreation 19. Michael Bromwell Risk Management 20. Janice Hoffman Risk Management 21. Akemi Robies Risk Management 22. Irene Aguilar Senior Programs 23. Lisa Gonzales Senior Programs 24. Beverly Hatch Senior Programs 25. Ramona Martinez Senior Programs 26. Shelly Modell Senior Programs 27. Dorothy Terrazas Senior Programs 28. Aurora Ybarra Senior Programs 29. Ron Griego Support Services 30. Susie Fuentes Support Services 31. Imeida Sandoval Traffic Operations 32. Ralph Garcia Transit 33. Raymond Navaez Water Resources its t� J Program Self Evaluation Training Participant Department 5. Ted Morris Airport 6. Ron Baker Budget 7. Gerard Nevarez EEO/Training 8. Lorenzo Acosta Fire 9. Bill Hignight Fire 10. Adolf Zubia Fire 11. Carol Brey Library 12. Sally Meeks Museums 13. Sharon Bode - Hempton Museums 14. MariLynn VanZandt Museums 15. Anita Dawson Museums 16. Joan McClure -Post Museums 17. Anne Well Museums 18. Christina Trowbridge Museums 19. Greg Betty Parks & Recreation 20. Michelle Bush Parks & Recreation 21. Sonya Delgado Parks & Recreation 22. Teresa Enriquez Parks & Recreation 23. Cynthia Gutzman Parks & Recreation 24. Mike Bromwell Risk Management 25. Aurora Ybarra RSVP 26. Ramona Martinez Senior Programs 27. Dorothy Terrazas Senior Programs 28. Shelly Modell Senior Programs 29. Rudy Tarin Traffic Operations 30. Mike Noonchester Transit ADA 101 - Employment Issues for Manager and Supervisors Participant Listing Through 4/7/98 Participant Department 5. Laura Wright Administration 6. Flo Pierce Administration - Human Resources 7. Anselo Encinias City Manager 8. Aurelio Montoya CS &F - Library 9. Carol Brey CS &F - Library 10. Deborah McWilliams CS &F - Library 11. Mark Pendleton CS &F - Library 12. Molly Harris CS &F - Library 13. Nancy Harmeson CS &F - Library 14. Nancy Turner CS &F - Library 15. Sandra Vanlandingham CS &F - Library 16. Verla Peterson CS &F - Library 17. Xavier Paz CS &F - Library 18. Marilynn Van Zandt CS &F - Museum 19. Sally Meeks CS &F - Museums 20. Beatrice James CS &F - Parks & Recreation 21. Danois Montoya CS &F - Parks & Recreation 22. Greg Betty CS &F - Parks & Recreation 23. Jan Syling CS &F - Parks & Recreation 24. Richard Telles CS &F - Parks & Recreation 25. Aurora Ybarra CS &F - Senior Programs 26. Beveraly Hatch CS &F - Senior Programs 27. Dorothy Terrazes CS &F - Senior Programs 28. Irene Aguilar CS &F - Senior Programs 29. Lisa Gonzales CS &F - Senior Programs 30. Romona Martinez CS &F - Senior Programs 31. Shelly Modell CS &F - Senior Programs 32. Blas (Steve) Manzanares CS &F -- Support Services 33. Alma Reyes CS &F - Support Services 34. Daniel Tarin CS &F - Support Services 35. Jesus Fierro CS &F - Support Services 36. Ron Griego CS &F - Support Services 37. Dale Kemp CS &F - Transit 38. Kenneth Smithson CS &F - Transit 39. Ralph Garcia CS &F - Transit 40. Rollie Wright CS &F Administration 41. Tencha Puentes CS &F Administration 42. Alex Barrio CS &F - Support Services 43. Jim Ericson DSD - Administration 44. Joni Gutierrez DSD - Administration 45. Ted Morris DSD - Airport 46. Orasa Vaught DSD - Architect V J 47. Tomas Mendez DSD - Architect 48. Dave Church DSD - Engineering 49. Steven Salazar DSD - Engineering 50. Brian Denmark DSD - Planning 51. David Flores DSD Administration 52. Vincent Banegas DSD - Planning 53. Peter Gilbert DSD - Technical Support 54. Jim Davilla Finance - Purchasing 55. Richard Hodgin Finance - Risk Management 56. Richard Sanchez Finance - Warehouse 57. Adolfe Zubia Fire 58. Alonzo Madero Fire 59. Andrew Bencomo Fire 60. Bill Hignight Fire 61. Frank Marta Fire 62. James Louis Egnaczak Fire 63. Jay Immonen Fire 64. Joe Mendoza Fire 65. Johnny Carrillo Fire 66. Louis Roman Fire 67. Patrick Nicolai Fire 68. Randolph Nix Fire 69. Raymond Garcia Fire 70. Robert Locke Treon Fire 71. Ruben Casas Fire 72. Travis Brown Fire 73. Victor Bencomo Fire 74. William Baranowski Fire 75. Tom Bullard JU - Gas 76. Eric Lucero JU - Technical Services 77. Joe Garcia JU - Technical Services 78. Sam Tyson JU - Technical Services 79. Bill McKinney JU - Water Resources 80. Eric Lopez JU - Water Resources 81. Gilbert Morales JU - Water Resources 82. Glen Ford JU - Water Resources 83. John Palayo JU - Water Resources 84. Kenneth Garcia JU - Water Resources 85. Kevin Krause JU - Water Resources 86. Kurian Varughese JU - Water Resources 87. Mario Gonzales JU - Water Resources 88. Mitch Mauer JU - Water Resources 89. Ruben Salcido JU - Water Resources 90. Charles Apodaca Police 91. Conrad Perea Police 92. David Eckhart Police L-A 93. David Pena Police 94. Jerry Lee Fariss Police 95. Juan Hernandez Police 96. Kenneth Davis Police 97. Lynden Hodges Police 98. Peter James Bradley Police 99. Richard Medina Police 100.Richard Perra Police 10I.Robert Michael Cole Police 102.Rose Marquez -Maese Police 103.Sandra Troller Police 104.Scott Winans Police 105.A1ma Cortez Police /Codes 106.Eddie Rodolfo Police /Codes 107.Eddie Rodriguez Police /Codes Discrimination Complaints - New Mexico Human Rights Division New Mexico Department of Labor 1596 Pacheco Street Aspen Plaza Sante Fe, NM 87501 1- 800 -566 -9471 Equal Employment Opportunity Commission 505 Marquette NW, Suite 900 Albuquerque, NM 87102 1- 800 - 669 -4000 �J U Q .4 #1 A##//, Mls Date: May 1998 Shirley Clark, City Clerk Numerous questions have arisen regarding the City's responsibility to provide reasonable accommodations for a person with a disability in the interviewing/testing process. The City Council adopted the Reasonable Accommodation Policy (98 -016) August 18, 1997. The procedures which follow are to be used to implement that policy when it pertains to applicants and when it pertains to current employees. Applicant Reasonable Accommodation Procedures All application materials shall be made available by the Human Resources Department in alternative formats upon request and all position announcement shall include the following statement or its equivalent: Application materials are available in alternative formats upon request to the Human Resources Department, 505 - 528- 3100/Voice. For TTY communication, contact NMRN at 1 -800- 659 -8331 and ask them to place your call to the above number. 2. Each application shall contain a separate Applicant Request for Reasonable Accommodation form which the applicant may elect to use to request an accommodation. The form is not required for an applicant making a request. An applicant may make a verbal request. 3. Applicants invited for interviews shall be notified that they can request accommodations for a disability for the testing/interview processes and told how to make that request. The following paragraph shall be added to any correspondence scheduling an interview or test: It is the policy of the City of Las Cruces to provide reasonable accommodations for qualified persons with disabilities who are employees or applicants for employment. If you need assistance or accommodation to interview and /or test because of a disability, please contact the Human Resources Department at 505 - 528- 3100/Voice. For TTY communication, contact NMRN at 1 -800- 659 -8331 and ask them to place your call to the above number. Employment opportunities will not be denied to anyone because of the need to make reasonable accommodations for a person's disability. 4. If interviews are scheduled by telephone, the applicant shall be informed about the availability of reasonable accommodation in the interview and/or testing process. A letter, which includes the above statement and confirms the interview date, time and place shall be sent to the applicant. ADA Bulletin - May 1998 f 0 - G J The contact person for the accommodation request should NOT be a member of the search committee or in a decision - making position in the search process. 6. When a request for accommodation is received from an applicant, the contact person for the accommodation request shall contact the Human Resources Department for assistance. 7. The Human Resources representative shall discuss the needed accommodation and possible alternatives with the applicant. The ADA Coordinator is available to assist the Human Resources representative. 8. The Human Resources representative shall make a decision regarding the request, and if approved, take the necessary steps to insure the accommodation is provided. If the request is not approved, the Human Resources representative shall inform the applicant of the reason for denial of the requested accommodation, in writing, within 3 working days of the decision. Information about an applicant's disability is CONFIDENTIAL and may not be shared with search committee members ordecision- makers in the hiring process. 9. If the request for accommodation is not approved, the applicant may appeal the decision to the Office of the EEO/Training Director in accordance with the Employee Grievance Procedure. 10. Applicants who have received job offers may make accommodation requests following the same procedure used for employees, outlined below. 11. Human Resources will forward all completed and denied requests for reasonable accommodation documentation to the ADA Coordinator for retention in a separate, confidential file. Employee Reasonable Accommodation Procedures Each Division shall post and inform all employees of this accommodation policy and shall make this policy available in accessible formats upon request. 2. The employee shall inform his/her supervisor of the need for an accommodation. Note: An employee does not need to use the phrase "reasonable accommodation." If an employee discloses a disability or potential disability and requests assistance /adjustments of any kind, the supervisor or manager shall consider this a request for reasonable accommodation and begin the accommodation process. The City may request documentation of the individual's functional limitations to support the request. Any medical documentation must be collected and maintained on separate forms and in separate files by the ADA Coordinator. ADA Bulletin - May 1998 U U Supervisors and managers may be told about necessary restrictions on the work or duties of the employee and about necessary accommodations. Supervisors and managers will not be told or have access to medical information unless the disability would require emergency treatment. 4. When a qualified individual with a disability has requested an accommodation, the supervisor shall, in consultation with the individual: a. Discuss the purpose and essential functions of the particular job involved. Completion of a step -by -step job analysis may be necessary; the ADA Coordinator shall be available to perform such job analysis. b. Determine the precise job- related limitation(s); c. Identify the potential accommodations and assess the effectiveness each would have in allowing the individual to perform the essential functions of the job; and d. Select and implement the accommodation that is the most appropriate for both the individual and the employer. While an individual's preference will be given consideration, the Division is free to choose among equally effective accommodations and may choose the one that is less expensive or easier to provide 5. The City ADA Coordinator shall work with the supervisor and employee to obtain any medical documentation or provide technical assistance, as needed. 6. If the supervisor is unable to make a definitive decision, for whatever reason, about providing the accommodation, the supervisor will forward a written request for accommodation along with his/her recommendation to the Division Director within 5 working days following the employee's request. 7. If the Division Director is unable to make a definitive decision, for whatever reason, about providing the accommodation, the Division Director will forward a written request for accommodation, along with his/her recommendations, to the ADA Coordinator within 5 working days following receipt of the employee's request If the ADA Coordinator is unable to make a definitive decision, for whatever reason, the ADA Coordinator will forward a written request, along with his/her recommendations to the City Manager within 10 working days from the date the request was received from the Division Director. 9. The City Manager will provide a decision in writing to the ADA Coordinator and employee within 10 working days. 10. If an accommodation cannot overcome the existing barriers or if the accommodation would cause an undue hardship on the operation of the business, the employee and the ADA Coordinator/Designee shall work together to determine whether reassignment to a vacant position may be an appropriate accommodation. ADA Bulletin - May 1998 7 L J If reassignment is determined to be the appropriate accommodation, the ADA Coordinator in collaboration with the Human Resources Department shall first look for an equivalent vacant position in the City equivalent to the one presently held by the employee in terms of pay and other job status. If the individual with the disability is not qualified, with or without reasonable accommodation, for an equivalent vacant position (or a position the City knows will become vacant within a reasonable period of time) or no equivalent vacant position exists the City may reassign the individual as a reasonable accommodation to a lower graded vacant position for which the employee is qualified. If this occurs, the City is not required to maintain the individual's salary at the previous level. The City is not required to create a new job or to bump another employee from a job in order to provide reassignment as a reasonable accommodation. 11. If the employee disagrees with the decision rendered under this policy he /she may appeal the decision using the City of Las Cruces Internal Grievance Policy. All reasonable accommodations MUST be documented and retained in the office of the ADA Coordinator. Reasonable accommodation information CANNOT be a part of the personnel file. Did You Know? Assumption: It is unbelievable that a person with a double amputation can compete with the world's fastest 100 -meter dash runners. Fact: The world record is 9.9 seconds. A runner who is a double amputee ran the dash in 11.76 seconds, just 1.8 seconds off the world mark What businesses have to say about the ADA According to a 1997 survey conducted by Louis Harris & Associates: • more than 80 percent said the law is worth the cost of its implementation. • 81 % of the companies have modified their workplaces or practices to help employees with disabilities do their jobs, compared with 51 percent in 1986. • 90 percent of executives support provisions of the ADA that prohibit discrimination in employment. • 32 percent of employer reported no change in the cost of accommodation or litigation involving ADA. This document can be made available in alternative formats by calling 528- 34011Voice or 528 -3403 TTY. ADA Bulletin - May 1998