HomeMy WebLinkAboutMinutes Committee For Persons With Disabilities - 12/08/2003 - Special SUMMARY MINUTES
SPECIAL CALLED MEETING
COMMITTEE FOR PERSONS WITH DISABILITIES
December 8, 2003
Prior to Meeting, welcome and general introduction of all persons present to
new Committee Member, Brian Watson.
CALL TO ORDER:
The meeting called to order by Ms. Crystal Lyons, Chairperson.
ATTENDANCE: The roll was called by Ms. Shultz:
Present Absent
Ms. Crystal Lyons Ms. Toni Padilla
Mr. Roberto M. Flores * Mr. Billy R. Sayles
Ms. Linda Fallwell-Stover Mr. Glen Ray Tomo
Ms. Mary J. Saenz *
Mr. Eloy Soza
Brian Watson
City Staff in attendance: Margie C. Rose, ACM; David Ramos,
Wanese Butler and June Shultz of Human Relations; Joseph Harney
and Andy Quittner of Legal; and David Ondrias of Park and
Recreation. City Staff Absent: Art Sosa of Developmental Services.
* Arrived late, but present.
Public present: None
APPROVAL OF MINUTES: Not applicable
OLD BUSINESS: (PURPOSE OF SPECIAL CALLED MEETING)
Non-Discrimination Ordinance - Continued work on language:
Update: Mr. Ramos received a call from the City Manager. The Agenda
Item on the proposed NDO was postponed at the request of the Mayor and
City Manager. An e-mail was sent to CFPWD Members. The information
from the City Manager indicated that he asked for more time, in an
opportunity for the CFPWD and staff to come to an agreement. Tentatively
it was postponed for sixty (60) days. Ms. Lyons asked what the procedure is
in this instance and Mr. Quittner explained it. There was discussion that
sixty (60) days were proposed, but that the Mayor said if we agreed before
the sixty (60) days, then it could possibly go back to Council before then?
Mr. Harney and Mr. Quittner indicated that didn't know that the item had
been pulled. The main concern is if it could be resolved sooner.
The new December 5, 2003 document was distributed to those persons
present who did not have a copy. Discussion ensued regarding City
concerns and CFPWD concerns - some of them are as noted below:
• Housekeeping Corrections
• Numbering appears to be wrong - need to make that right
• Verbiage referring to Administrator / Director - is it interchangeable or
use one in one instance and the other in another? Clarification.
• Voting members reference
• Section 24-10 - Contractor and EEOC
• Employment issues and possible confusion
• Definition for "Reasonable Accommodation" (note defined in Section 24-
91) (might be slightly different in employment context)
• Definitions of person with a disability and person with a qualified
disability and when to use which? Inconsistency in use throughout
document. Discussion ensued - may not have to be qualified for access
to facility vs. required to have a qualified disability for a "reasonable
accommodation". Possibly do a word search to ensure "qualified" goes
in the right spot.
• Budget and funding reference - clarification (part for Department, part for
Commission)?
• Article II, Can we clean up disability language (use People First
Language)
• Use federal language for definition on disability (referenced ADA
35.104)
• CCISD exemption request - concern on how can that be done
• Use of word "cooperate" - concern
• Section 24-22 - verbiage ..."to extent required by...", what is main
objective?
• Section 24-25 - thought they were taking off "no less than $250" penalty
language and inserting alternate language?
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• Section 24-26 - Capitalize Human Relations Commission
• Article V - one pretty big problem under Policy - A. "Reasonable
Participation" - whose to decide? Concerns and it is used several times.
• Section C - starting with "City endorses...", what about other things the
ADA stands for? Have other bathers identified, such as communication,
attitude, and/or programmatic.
• Would City be amenable to other language? (Goes for both C. and D.)
• Under definitions - dropped auxiliary aids (whole section dropped) - that
is a concern.
• Not having Director defined - is that okay?
• ADA definition needs to be put in.
• Do we need to define facility (ADA definition)?
• Financial Assistance definition - explain how it's better. (Public Utilities
and ball parks examples)
• "Readily Achievable" and "Reasonable Accommodation" definitions -
are they ADA definitions?
• Section 24-92 - jurisdictional questions (Del Mar College Training
example)
• Leasing or owning buildings, accessibility, exemption questions (i.e.:
CCISD) - may want to add some type of disclaimer
• What about programs that are provided jointly with others (i.e.:
Natatorium, Graduations, Jails)
• Why was communication omitted? Need to look at whole community of
citizens who would have concerns. Can it be put back? (and auxiliary
aids)
There was discussion for opportunity to review the documents more closely
and have time to read it. We could add in changes. It was agreed to meet
again very soon. The CFPWD agreed to table the discussion until the next
special called meeting to be held Monday, December 15, 2003, same
location. We will have another version of the draft document at the 15`11
Meeting. The meeting was adjourned at 5:14 P.M. by acclamation.
Minutes Approved:
Crystal Lyons, Committee Chairperson Date
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