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HomeMy WebLinkAboutMinutes Committee For Persons With Disabilities - 02/04/2004 SUMMARY MINUTESMEETING OF FEBRUARY 4, 204 COMMITTEE FOR PER ONS WITH DISABILITIES Page 1 of 5 Call to Order/Introductions/Roll Call/ Absences: A. Called to order by the Chair, Ms. Crystal Lyons. B. Roll Call taken at 3:40 PM: 1. Absent Committee Members-Vice-Chair, Mr. Robert Flores due to a conflict at work. 2. Absent City Staff without a designee - Mr. Art Sosa, due to work. 3. Other Attendees: a. Judy Telge of Accessibility Communities Inc.to give public comments. b. Billy Delgado of the City's Park and Recreation Department to observe. C. Excused Absences: 1. Mary Saenz- Motion by Mr. Soza to excuse the absence of Ms. Saenz due to jury duty. Seconded by Ms. Lyons. No further discussion and this Motion passed by Committee vote. 2. Glenn Ray Tomo - Mr. Torno did not request to excuse his absence last month. II. Approval of Minutes: Motion to approve the Regular Meeting Minutes of January 7, 2004 was made by Mr. Soza and seconded by Mr. Sayles. No further discussion. These minutes were accepted by Committee vote. III. Presentations/Public Comments: A. Presentation Information -The scheduled presentation on the City convention center's multipurpose arena that is under construction was postponed until the arrival of Mr. Marc Solis. As the new General Manager of the CC Arena, Mr. Solis had accepted the Committee's invitation in November 2003 to speak at the Committee's February 2004 meeting. [Mr. Solis did not arrive later and was unable to attend today's meeting.] B. Presentation Information—A request was made by the Chair to invite Ms. Chris DesRosier to make a presentation on a grant for crime victims. Ms. DesRosier is Program Director at the Crime Victims Center in Corpus Christi, Texas. C. Committee Comment - Mr. Soza made an announcement regarding "Family Forward" in which he will later provide more information to the Committee. D. Public Comment— Ms. Judy Telge of Accessibility Communities Inc. asked for the Committee's consideration of requesting that the Governor's Committee for Persons with Disabilities to take a stand in passing a resolution against the Texas Attorney General (AG)Abbott's threat on the Americans with Disabilities Act(ADA). Ms. Telge made reference to the U.S. Supreme Court case on ADA Title II, Lane v. Tennessee, as she expressed concerns of the Texas AG was trying to put State rights over individual rights. Ms. Telge also provided a handout of a Public Statement of Support for the ADA by the Austin Mayor's Committee for Persons with Disabilities. Ms.Telge also mentioned that petitions were also in circulation. General discussion ensued. SCANNED • SUMMARY MINUTES lidt MEETING OF FEBRUARY 4, Sid COMMITTEE FOR PERSONS WITH DISABILITIES Page 2 of 5 Public Comments Discussion-Continued Mr. Soza made a Motion and seconded by Ms. Fallwell-Stover to place on the March 2004 agenda for consideration,possible resolution of support to submit to the Commissioner on the Governor's Committee for Persons with Disabilities. There was general discussion of the timing of doing such resolution and in conjunction with the Barbara Jordan Awards in April 2004, when the Commissioners will be in Corpus Christi. Mr. Torno commented on wanting to hear both sides of this issue and why the Attorney General's Office is taking this on, before the CFPWD makes a decision to submit a resolution. At Ms. Fallwell-Stover's request, Ms.Telge briefly spoke on the incident of inaccessibility at a courthouse in Tennessee in which a person with a disability believes that he was denied due process. The Chair remarked that the Committee would need to get balanced information. With no further discussion on this issue, the Chair moved on to Item V-(B) on the agenda regarding the proposed non-discrimination ordinance with Mr. Jay Reining, 1st Assistant City Attorney, in attendance on behalf of the City Attorney's Office. V. Old Business: B. Non-Discrimination Ordinance-Mr. Reining began the discussion by addressing the last two areas of concern on the latest draft version, in light of the recently emailed explanation of the City Staffs position per the City Attorney's Office. 1. Affects on Other Governmental Entities (Section 24-92): a. Placement of the proposed language of Section 24-92 to be a stand alone provision as it would apply to the whole Article, not a particular section, and that it should be placed up front of the proposed document since it is an exception. b. On the matter of an added disclaimer to the proposed Section 24-92, Mr. Reining reminded the Committee that the City has no jurisdiction on other public entities. 2. Prohibited Practices: Discussion ensured about how to incorporate the existing Federal ADA guidelines (35.150) of "General Prohibited Practices" into the proposed ordinance, as a mirror of 35.150 instead of changing to include these prohibited practices as an exhibit to the ordinance. Mr. Reining addressed Committee questions regarding the possibility of changes as the Federal level necessitating quotations around excepts of the ADA; citing or referencing that this section of the ordinance is per the Department of Justice by incorporating, instead of the City adoption; avoidance of possible, or interpretation of, having different standards between the Federal and Local government upon any future changes at the Federal level and City Staff having to keep up and amending the ordinance for any such future Federal changes. • SUMMARY MINUTES 40 MEETING OF FEBRUARY 4, 2010 COMMITTEE FOR PERSONS WITH DISABILITIES Page 3 of 5 Old Business Discussion on Non-Discrimination Ordinance-Continued During ensued discussions, Members expressed disappointment in: receiving inconsistent information and Legal interpretations; and the latest revisions to the ordinance were not as discussed and agreed upon during the prior Special Meeting of the Committee and City Staff on January 26, 2003. Of the two remaining ordinance items, it was understood that Section 24-92 regarding other governmental entities with the addition of a new subpart in 24-101 required Legal clearance. However, the Committee and Staff had previously come to terms with the reinstatement of the general prohibited practices {35.130}. Due to lack of agreement at this point, the Committee rescinded the Motions made at the Special Meeting on 1/26/04 to move forward the latest draft of the ordinance to present to the City Council at its upcoming 2/10/04 meeting for the consideration of the proposed ordinance's Second, and final, Reading. The Chair made a Motion to rescind all of the action taken by quorum of the Committee at its 1/26/04 Special Meeting, seconded by Ms. Fallwell-Stover. Discussion ensued with Mr. Soza's question if in principle can there be agreement. The Chair asked if the action of rescinding could be done first. A vote was taken and the Motion passed. After referring back to the July 2003 draft ordinance document to go before the City Council for a Second Reading, the Chair asked Mr. Ramos, Human Relations Director, for suggestions. Mr. Ramos suggested not going back to the July 2003 document because so much progress had been made since that version. The Chair asked Mr. Reining about showing the City Council the differences from the July 2003 document to the present, in which Mr. Reining responded in the affirmative. Committee Members discussed which draft version (1/26/04, 1/07/04) to utilize, make changes for its recommended draft for the upcoming City Council's Second Reading. Mr. Torno gave remarks of moving forward toward the goal of having a non- discrimination ordinance locally and to use for education like the Committee had desired. In that, either draft version should accomplish the overall goal in being better than were the ordinance started. He also cautioned that although improved, this ordinance would not be pleasing to everyone in the community. Discussion later resumed regarding: how to incorporate the prohibited practices, with possibly no reference to DOJ; leave in Section 24-92 and ending at the word "State" — no disclaimer; and delete Sec. 9 that refers to prohibited practices as an exhibit to the proposed ordinance. • SUMMARY MINUTES 4.02 MEETING OF FEBRUARY 4, 24 COMMITTEE FOR PERSONS WITH DISABILITIES Page 4 of 5 Old Business Discussion on Non-Discrimination Ordinance-Continued Mr. Sayles also gave remarks of moving forward and that he trusted the advice of City Staff on these two remaining ordinance issues. More discussion ensued about how to achieve a "win: situation by reaching agreement versus continuing with difference could result in nothing. Mr. Reining suggested to resolve the last remaining issue of the general prohibited practices: (1) adding the general prohibited practices as its own provision within the proposed ordinance; (2) instead of referencing that the City would comply with DOJ's standards in 35.150, this language could be changed to indicate that the City adopts [not just will comply] with 35.150. Motion was made to accept Mr. Reining's suggested changes, with a Second by Mr. Sayles. Discussion ensured in which Mr. Reining clarified that the word"adopt"means that those general prohibited practices in 35.150 would be the City's standards. With no further discussion, the Chair, Ms. Lyons, asked for the vote by Committee Members' show of hands. The vote was taken and the Motion passed with 6 Members in favor yet Ms. Lyons and Ms. Fallwell-Stover opposed. Next, Ms. Padilla made the Motion to agree on the language of Section 24- 92 as is and keeping subpart (b) in Section 24-101, with a Second by Mr. Soza. There was no further discussion,the vote taken. This Motion passed by sign of Aye and had no Nay-opposition. Discussion commenced on more housekeeping type items for the proposed ordinance. [During which, Ms. Fallwell-Stover departed at approximately 5:40 PM] There were five housekeeping items presented to Legal: 1. Drop (e) and (f) from Section 24-93. 2. Update numbering of Sections, 24-100 should be 24-101 or 102. 3. Delete (e) of Section 24-90. 4. Check the word use of the word "recipient"within (d) of the definition of "Disability" to make sure that this is the right word in the context and of which section of the ADA. 5. Check to make sure that there is not a conflict between the new Section 24-4(9)'s use of "unreasonably withheld" 4th line on page 3 and what is on the books already in Section 24-22 under prohibited practices on page 5. Regarding the Second Reading and Presentation to the City Council, Mr. Ramos reminded Mr. Reining that the Committee had voted on the document it recommended to present to the City Council on the proposed ordinance's First Reading, so he suggested doing the same for the Second Reading as the document has now changed. After some guidance from Mr. Reining on verbiage for such Motion, Ms. Lyons asked the Committee Members who • SUMMARY MINUTES 1110B MEETING OF FEBRUARY 4, 24 COMMITTEE FOR PERSONS WITH DISABILITIES Page 5 of 5 would be willing to make such Motion. Old Business Discussion on Non-Discrimination Ordinance-Continued Mr. Sayles made the Motion to recommend to the City Council an amended document by substituting the July 2003 First Reading document with the document revised today. Mr. Soza seconded this Motion. The vote was taken and passed by the Committee by majority vote of five in favor and one opposed vote by Ms. Lyons. Due to the late hour of the meeting, Ms. Padilla made the Motion to table the rest of the agenda. Mr. Sayles seconded. Motion passed. Mr. Soza made an announcement for"Family Forward" on 2/24/04. With nothing further, Ms. Padilla made the Motion to adjourn the meeting, with a second by Mr. Sayles. The Meeting adjourned at approximately 5:44 PM.