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HomeMy WebLinkAboutMinutes Committee For Persons With Disabilities - 05/01/2002 MINUTES - QUORUM MEETING COMMITTEE FOR PERSONS WITH DISABILITIES May 1, 2002 Committee Members - Present Committee Members - Absent Chairperson: Ms. Crystal Lyons Vice Chair: Mr. Roberto M. Flores Ms. Sandra Cabazos Ms. Linda Fallwell-Stover Ms. Toni Padilla Ms. Mary J. Saenz Billy R. Sayles Mr. Eloy Soza Mr. Glen Ray Tonto CITY STAFF: (ADMINISTRATIVE SUPPORT) Building Official: Park & Recreation Director: Mr. Art Sosa Mr. Tony Cisneros Human Relations Administrator: Legal Advisor: Mr. L. David Ramos, Director - Absent Mr. Joseph Harney Human Relations Management Assistant: Ms. June Shultz ATTENDANCE — Roll Call — Absences: Vice Chair Robert Flores, City Staff— David Ramos. APPROVAL OF THE MINUTES: Minutes of March 6, 2002 were reviewed. Motion to approve minutes as corrected made by Eloy Soza, and seconded by Billy Sayles. Vote taken and the minutes were approved. SCANNED PUBLIC COMMENTS/PRESENTATIONS: Presentation by City Manager: Citizen Complaint Process and ADA Citizen Grievance /Accommodation Request Process. Accommodations — contact department coordinator and Human Relations, and back up to the coordinator. Questions were raised on how the Manager is going to track the process. Ideally, this will not be a problem. There is a response system in place. In example, accessibility problems with a city service. We are also receiving citizen input for priorities. We will build the inventory of resources. A question was raised on who trained the coordinators? Ms. Butler responded that the training is "On-going", and is being provided by the Human Relations Department. There was further discussion that there is a HR Coordinator in each department. They maintain a record of ADA issues, within their own department. Issues are being successfully dealt with. Ms. Fallwell-Stover indicated that physical accessibility is a large issue and it weighs heavy on the Committee and disabled community. Will accessibility to programs and services be addressed through this process also? There should be emphasis to narrow the process, to ensure people — everyone — can access the normal range of services. The Committee is concerned about people who come to the facilities — there are a wide range of factors they have to face to access services (i.e.: Street Department — do they notify the whole block to identify special needs for everyone? How to handle customer service, something that might need accommodation?). Need to consider all aspects of removal of barriers — other types of accommodation, other than physical, such as individuals with mental or other impairments. The City offers a wide range of programs through Park and Recreation, Police Academy, Airport, volunteers, where citizens come and participate. You need to consider participation vs. city service — short-term contact. Highest concentration in senior services — most directly addressed. Libraries — long term operational. Programs should be designed to intercept someone there to resolve a problem or difficulty, i.e.: Signage, Municipal Court, Utility Service issues, etc. Need someone there to quickly solve the 2 problem. Ms. Fallwell-Stover emphasized the need that citizen input be utilized for consideration on accommodation issues for participation in programs, services, etc. Mr. Garcia indicated that the City has begun the process, they need to address resources. He hopes that Human Relations can address the concerns, then if there is a further need to address the matter, they will look at the issue. Mr. Alonzo expressed his concern over non-accommodation. A question was raised on why disabled workers have been let go? The City Manager indicated that the City does hire individuals with disabilities. There are also instances where employees become injured and must be accommodated. Where possible, accommodations occur; however, there is a requirement that employees must meet the essential job functions. In some instances, employees can no longer perform physical functions. Then there is a need to provide an accommodation or alternate work assignments. Injuries are dealt with on an individual basis. Ms. Lyons discussed customer service, but this is way beyond it. What they see is need for use of citizen grievances. Mr. Garcia discussed the use of ADA Accommodation Requests currently in place, i.e.: has been addressing issues with Solid Waste Services. Discussion on need for use of close caption —this is a recognized grievance. A question was raised if complaints are catalogued? No, complaints are not catalogued. It was discussed that if a list was maintained, it could be a better basis for information and review. Customer service issues — Can it solve grievance procedures? The Committee requested a clearly stated process. Who is qualified to address customer service questions? Department coordinators are not trained to handle these issues. Ms. Lyons indicated that there is a need to educate Mr. Ramos — because the Department or Mr. Ramos can't fix some grievances. Regarding training, you should use members of the Committee for Persons with Disabilities. Allow them to help with the training. ADA issues are pushed back. The Committee requested that a separate procedure be developed and implemented — they wanted a date timeline on when to expect it to be in place. They want a written process. Looking for wording, policy should be in place, but it isn't. Will it be an individual or citywide policy? In example, curb cut issue — another department was handling it, but Mr. Ramos wasn't aware of it. Mr. Sosa took care of it. Council Member didn't 3 know how to handle it. There was discussion about the City's present Citizen Grievance, which is a continuation of the standard grievance process. There was discussion about Mr. Harney, CFPWD Legal Advisor helping with the verbiage. Departments don't know ADA. They aren't sure if it fits Title II. Mr. Cisneros indicated that it is all rolled into one. Mr. Garcia indicated that the policy could be changed — it could be modified into a separate policy. Ms. Padilla asked for an update. Mr. Harney indicated that Mr. Ramos is already looking at this and has been working on it. Ms. Lyons expressed her hope to have an entire process and clarification. They are asking for basic things, things should be in place to protect rights for all citizens. Mr. Garcia indicated he thought Ms. Lyons was saying that there was nothing in place. So we can separate this out as a separate policy. It will be a companion piece. Ms. Butler also indicated that there would be on going education. Ms. Lyons indicated that additionally, there is a need to publicize the ADA Coordinator on the Bulletin Board. Ms. Lyons again mentioned that accommodation issue with customers and need to help with training on customer service. Ms. Lyons introduced the CFPWD members to the City Manager. Ms. Butler discussed department's progress on ADA education, publicizing of the City's ADA, internal contact for City Departments. There was discussion about tracking date in a uniform way and addressing intake. They are working with Legal on the process and procedure. They are also working on the PSA and other information formats. Ms. Butler discussed work being done on the Accessibility Training/ADA/Diversity Training. Eight City staff members are being broken into four two-member teams. Ms. Shultz indicated that staff is coordinating with the City departments to establish a training calendar and will e-mail the calendar to the Committee members. Ms. Saenz questioned what the City is doing to work with injured City workers being allowed to return to work. Brief discussion ensued. Ms. Butler introduced herself as Mr. Ramos' new assistant. Ms. Butler provided the Committee with information about her work experience and background, including time in Risk Management. Mr. Garcia elaborated on Ms. Butler's background in handling employees issues and programs. 4 Introduction of Margie Rose, the new Assistant City Manager. Ms. Rose provided background information — she has twenty years of work experience with local government. She is very familiar with the being discussed. She expressed her pleasure in being here. She indicated she would attend many of the meetings, to assist in any way we can. Human Relations is one of the Departments she will oversee. The City Manager indicated that Ms. Rose covers many areas the Committee would be interested in. She will be the lead ACM in this area. CHAIR'S REPORT: Ms. Lyons mentioned the memorandum from the City Secretary's Office regarding attendance was provided in the packets. COMMITTEE REPORTS: Education and Outreach Sub-Committee Report: Outreach — Video. Information was provided that the cost for close captioning for the video would cost $500.00. Mr. Ramos will provide an update next month. (Background information was provided on the PSA video.) There is a new City staff member Cheryl (Alexander) Soword in Communication area. Ms. Rose will speak with her on the video production issues. Committee concerns were reviewed — closed caption, people first language, and verbiage not appropriate. Legislative Updates Sub-Committee: They held a meeting on 4/25/02 to review the non-discrimination ordinance in effect in Austin. They reviewed what was included, possible changes or additions. It is a good framework, some language was done in 1991, and some areas are questionable on terminology. (The department will provide Ms. Rose with a copy of Austin's ordinance.) Ms. Fallwell-Stover indicated that we need this to send a message to the community, that we are behind this and that this enriches people's lives. Mr. Sayles indicated that it enriches all of our lives — contributing to the community, paying taxes, will educate the community, get information out to the community. Ms. Fallwell-Stover indicated that this would be a powerful tool. By the June meeting, the sub-committee hopes to bring a rough draft to the table. They will e-mail it to Ms. Shultz, to be sent out in packets. Ms. Shultz discussed possibility to scan the document, note changes, redline and highlight the draft. Ms. Cabazos raised 5 a question on if there was a need for clarification. Ms. Lyons indicated that Ron Lucy might be a good source for questions. Call or e-mail Ms. Lyons. Steering Sub-Committee: Not going well yet. Ms. Lyons will ask for help next month. She spoke with some restaurants. They need to look at problems they are encountering. They may need to delay the project — not sure at this time. Working off the TDLR database. OLD BUSINESS: a. Questions on reallocation of CDBG funds — This will be put on next month's agenda. Mr. Ramos will provide response information. Mr. Cisneros discussed the Public Hearing Process that will be held in the next few weeks (on the 14th). He urged the Committee members to read the Agenda, and if there are any concerns, discuss them with City staff, Council or at the Public Hearing. Ms. Lyons indicated that only on the first day for public comments. If you have an interest, get on e-mail to let others know. Mr. Cisneros indicated that the meeting would start at 2:00 p.m., but the Public Hearing starts at 6:00 p.m. Ms. Lyons indicated however, that we wouldn't know for certain until the 10th. You can call the City Secretary's Office to verify the time. b. Park and Recreation Questions — 1. Worked with staff on the response. Responses are on a question by question basis. Youth oriented vs. Adult oriented — priority is to put money in for youth — adults fend for themselves. Ms. Lyons addressed point by point: a) work with families — advice them of special needs — i.e.: latch key; b) participation — who can take care of himself or herself, or with a care provider. Inclusive — yes, except for care provider. Ms. Cabazos questioned aspects of the Latch Key Program. Children with special needs who want to participate in the Latch Key Program will be handled on a case by case basis? Mr. Cisneros indicated yes. Ms. Cabazos gave information on a situation with a family who was refused by the program. Are there written procedures? Mr. Cisneros indicated that part of the difficulty is the perception that this is a continuation of School Programs. Schools have their own requirements. Latch Key does allow, per guidelines, operations. However, each child must be able to take care of own needs or the family must provide for it. Park and Recreation can't provide a caregiver. Ms. Lyons indicated that both must comply with ADA. She asked for the written legal opinion. Mr. Cisneros 6 indicated he would provide copies of the legal opinion. b) Ms. Cabazos asked for a count of how many children that participated in the program in the past? Then to break out the number of them were individuals with disabilities? Mr. Cisneros said he didn't believe they ask that information, but there may possibly be some record — he would follow-up on it. Ms. Padilla asked the number of accommodations or all those disabled — note, some don't require accommodations. General discussion on examples of exclusion, exceptions and non-accommodation. Ms. Lyons asked if the Committee could adopt to participate in providing input for program issues with Park and Recreation? Mr. Cisneros discussed his budget and supplemental budget requests and the need for the CFPWD support. This is one of the toughest budgets he's worked with in years. The budget is being submitted on May 28`s. There was discussion about the "squeaky wheel getting the grease", but the Committee needs to realize that items are going up against ambulances, police cars, etc. Ms. Lyons indicated that if they need to be "cheerleaders" for the department, they can be. There is a need for extra money for extra aides or adaptive devices to help all programs for ADA requirements. We don't want to limit to adaptive programs. Ms. Cabazos discussed moving away from segregated programs, to implement inclusive, integrated programs. Consider that if participation is achieved with very little accommodation, yet it can make the program inclusive for all. Mr. Flores also discussed the segregation of program shows up all over the community, integration should be everywhere, allowing for use of facilities that are closest to your neighborhood. Ms. Lyons indicated that we now have an opportunity to do an inclusive program. Mr. Cisneros that he would have to see what was passed in the budget. Possibly, then there could be a re-direction in the scope of the budget. Inclusive in limited areas. Ms. Lyons indicated then there would need to be consideration of cutting the number of children across the board, to include accommodation for children of special needs. Overall cut the number to ensure that all areas of the community are served — not to just exclude or cut adaptive program or special needs. All programs need to be cut and funds redirected to cover all areas of the community. Ms. Saenz asked Mr. Cisneros, how could the committee help him. For him to tell them how they could help. General discussion ensued. It was determined that there was a need to review the State/Federal 7 Opinion and City's Legal Opinion. There was discussion about surfing the web and finding all kinds of information on this topic. 2. Mr. Flores asked if there was anything in Austin? Mr. Cisneros indicated he didn't think so, but he missed contacting Austin. Ms. Lyons gave examples of requesting staffing under supplement budget as an area to consider. Discussion continued that Austin didn't have anything on the web. It was discussed that if there were any questions or comments to let the Committee know. A reminder was made that the budget would be discussed on May 28th, and if possible for committee members. There was mention of Joining Hands — a CBAY Project. Mr. Cisneros will check on the status of it. There was a request to e-mail the committee if this event is to happen. There was discussion about the requirement to provide written documentation to show undue burden. Ms. Saenz asked about an intern program? Mr. Cisneros indicated that the City has one, but they work with colleges. She questioned possibility of using interns (as support)? Mr. Cisneros indicated that if anyone knew of individuals willing to act on unpaid internship basis, to send them his way. 3. City Diversity Training Update — was already touched upon. Ms. Butler extended an invitation to join staff on May 6th and 7th at the first training sessions at the Health Department. Committee members are welcome to participate. We will provide a calendar to committee members, by e-mail or in their packets. Ms. Lyons mentioned the focus group and indicated that she hoped that Mr. Ramos would use some of the information from that group. Ms. Butler indicated that she would share that information with Mr. Ramos. Ms. Lyons also indicated that she hoped that CFPWD information would be incorporated into the training. 4. Transition Plan Update — the update will be provided at the next meeting. Ms. Lyons expressed a concern that Mr. Ramos was off Schedule. Ms. Butler indicated that Mr. Ramos would provide an update. Ms. Lyons indicated that he was off the timeline. The committee wanted information for budget purposes. She is concerned that they will now miss the budget cycle. They need concrete answers and commitment. If it can't be done, we need to know now. Public meeting notices should have been released 3-4 months ago. They still haven't done it. 5. CCHRC Annual Training Conference — general information provided to the committee about the upcoming conference to be held on 8 Friday, June 28`". Ms. Lyons suggested changing the Brochure title. She also asked for a draft agenda at next month's meeting. NEW BUSINESS: A. Attendance Policy —mentioned earlier in the agenda. ADMINISTRATOR'S REPORT: Postponed until next month. Ms. Lyons requested to be sure to include this month's report information, along with next months. COMMITTEE CONCERNS/ITEMS FOR NEXT AGENDA: Questions raised regarding re-allocation of unused funds. City's and Citizen's Complaint Process Presentation. Ordinance Revision. Park and Recreation —written legal opinion and related questions. Joining Hands - CBAY Project(follow-up). Diversity Training / Transition Plan. CCHRC Conference (Agenda). PSA/Video (follow-up). Reminder of May 14th CDBG Meeting— e-mail notice of time. Ms. Saenz asked question regarding the Attendance Policy: If approaching the 25% level, do committee members receive a warning? Ms. Lyons indicated that there is no warning. Mr. Cisneros indicated this is for each Committee's benefit. This is not aimed at this particular Committee. It is aimed at persons who don't participate in their manner of appointment. Ms. Lyons indicated that everyone might want to check his or her attendance record. 9 Reminder announcement of May 16th Reception for committee members. 5:30 p.m. — 7:00 p.m. at the Convention Center, Room 222. Members need to RSVP by next week. Election of Officers will be held at next month's meeting. Adjournment Mr. Soza made a motion to adjourn, which was seconded by Mr. Sayles. Adjourned by acclamation. The meeting adjourned at approximately 5:55 p.m. ✓! / ' J,(7 (P/os/oa C istal Lyons, r hairperson Date Minutes Approved Io