HomeMy WebLinkAboutHandicapped Accessibility Study -McGladrey Hendrickson & Pullen June 1987 HANDICAPPED ACCESSIBILITY STUDY
CITY OF STILLWATER
JUNE, 1987
McGLADERY Hendrickson & Pullen
' McGLADREY
Hendrickson
& Pullen
CERTIFIED PUBLIC ACCOUNTANTS
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Ms. Betty Caruso
1 City of Stillwater
Stillwater, Minnesota 55082
' Dear Ms. Caruso:
We have completed our evaluation of the programs and activities of the City
financed by Federal Revenue Sharing funds to determine whether they are
' accessible to handicapped persons. The accompanying report contains our
findings, conclusions and recommendations resulting from this review.
The objectives of this project were to:
' 1. Complete a self-evaluation of the ro rams and activities
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the City financed by Federal Revenue Sharing funds to determine
whether they are accessible to handicapped persons.
2. Identify and report non-structural changes to achieve
' handicapped accessibility.
3. Prepare a transition plan for the City where structural changes
are needed to achieve handicapped accessibility. The
' identification of necessary structural changes was based solely
upon information provided by the City's engineering staff, and
did not include architectural drawings and specifications, or
1 solicitation of bids for completion of the structural changes
identified.
' 4. Determine the City has published an initial notification that
it does not discriminate on the basis of handicap status.
5. Determine the City has designated a Section 504 coordinator.
' 6. Develop a grievance procedure for the submission and resolution
of complaints by handicapped individuals.
' 7. Identify and report the continuing public notification
requirements of the City.
' The objectives of our work did not include implementation of non-structural
and structural changes identified, and any such action identified in our
work is the responsibility of the City.
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1 Ms. Betty Caruso
City of Stillwater
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The report contains an executive overview of our findings and conclusions
and two transition plans to assist the City of Stillwater in complying with
1 the Section 504 requirements. The detailed sections include the following
major topics:
1 o Review of Section 504 of the 1973 Rehabilitation Act
o Structural self-evaluation
o Program accessibility self-evaluation
o Personnel policies and practices self-evaluation
o Transition plans to comply with the regulations
The potential exists for improving the handicapped access at various City
' facilities. After you have reviewed this report, we are available to meet
with you to further discuss our findings and recommendations.
We appreciate the cooperation and assistance extended by you and the
personnel of the City of Stillwater during this evaluation process.
%.,fit,c_:gcliAtitziaildliZeLleP1 -
' Stillwater, Minnesota
July 1987
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TABLE OF CONTENTS
Page
I. OVERVIEW OF THE REPORT 1
' II. INTRODUCTION 4
III. REVIEW OF SECTION 504 OF THE 1973 REHABILITATION ACT 5
' IV. STRUCTURAL SELF-EVALUATION 7
V. PROGRAM ACCESSIBILITY SELF-EVALUATION 16
VI. PERSONNEL POLICIES AND PRACTICES SELF-EVALUATION 32
VII. TRANSITION PLAN - OPTION 1
MINIMUM COMPLIANCE WITH OFFICE OF REVENUE SHARING
REGULATIONS 37
' VIII. TRANSITION PLAN - OPTION 2
MAXIMUM COMPLIANCE WITH SECTION 504 38
' IX. APPENDIX
' A) READINGS IN PERSONNEL AND HUMAN RESOURCE
MANAGEMENT, LOWE AND DELOACH, WEST PUBLISHING,
1984 42
' B) AFFIRMATIVE ACTION AGENCY LIST 47
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I. OVERVIEW OF THE REPORT
' On October 17, 1983 the Office of Revenue Sharing (ORS)
published federal regulations requiring local governments
receiving revenue sharing funds to comply with Section 504 of
the 1973 Rehabilitation Act. Section 504 mandates recipients
' of federal funds to make programs and services accessible to
the handicapped.
' In general, the regulations require governments to:
o provide notice of non-discrimination policies
o designate a responsible employee to oversee the
compliance process
' o adopt a grievance procedure
o conduct a structural and non-structural
accessibility evaluation
' o prepare a transition plan for non-structural
compliance by October 17, 1984 and structural
compliance by October 17, 1986
' The City of Stillwater provided proper notice and designated
Nile Kriesel, City Coordinator, as the responsible employee.
The City developed an acceptable grievance procedure in
' response to the regulation.
The initial notice of compliance requirements provided by the
' ORS directly states that all programs of a recipient
government must comply whether the program directly receives
funding or not. Further research during the self-evaluation
' process revealed that ORS jurisdiction is limited to those
programs directly in receipt of revenue sharing funds. The
ORS's overall non-discrimination policy (31 CFT Part 5)
published September 30, 1981 contains this clause of
jurisdiction (Section 51.52(c)) .
Revenue sharing funds are used at the City of Stillwater to
' fund the Senior Citizen Center, pay part of the salaries for
parks and libraries and for partial cost of the single audit.
' This report's self-evaluation was conducted and written under
the assumption that all programs must comply.
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STRUCTURAL SUMMARY
' Most of the City facilities are entrance accessible to the
handicapped. Accessibility problems at the City Hall include
lack of restroom accessibility and stair access only from
main level to lower level. The Library is in the process of
being remodeled to accommodate the handicapped but our review
found that no accessible seating was planned.
' Most of the Parks are accessible and the restrooms are being
remodeled or newly built to conform to the standard. The
only restroom that is not totally accessible is the women's
room at Lowell Park where the interior door does not meet the
minimum width specifications.
' The voting locations are accessible with the exception of
Washington School which has stair entry to all doors.
PERSONNEL POLICIES
' The regulations prohibit discrimination against the
handicapped in personnel policies and practices. Employers
' must also make 'reasonable accommodation' for a handicapped
applicant or employee.
' The Minnesota Human Rights Act includes much of the same
language. Stillwater hiring managers should be aware of the
following implications of both State and Federal laws and
make the following changes:
' o Reasonable accommodation must be provided in the
recruitment, selection and hiring process. If
' auxiliary aids, such as sign language interpreters,
are necessary for the applicant to communicate, the
City must provide such service.
1 o As a voluntary affirmative action employer, the City
should incorporate organizations representing the
handicapped to its list of affirmative action agencies
' notified of job openings.
o The City's application form should not include
questions regarding age unless it is directly related
to the applicant's ability to perform the duties of the
job.
' o The union contracts should be amended in the future
to include a non-discrimination clause or in some
cases add the word 'disabled' to the existing clause.
' Specific changes are suggested in the Personnel section
of the report.
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PROGRAM ACCESSIBILITY
' The most important aspect of the regulations is program
accessibility. Handicapped citizens are to have full benefit
' of programs and services offered by a local government.
Stillwater imposes no limit on the number of handicapped
individuals that can be involved in its programs. The only
program restrictions are those which result from structural
' barriers.
All of the services provided by the City Clerk's office,
including license and permit issuance/renewals and fee
payments are accessible to citizens with mobility impairments
because the main entrance to City Hall is accessible. These
citizens are also able to participate in government processes
of public meetings. Services which are provided to the
public such as fire, police, and street do not limit
accessibility. With the exception of the concerns previously
' stated regarding the remodeled Library, all programs are
accessible. However, lack of accessible restroom facilities
is a concern for program participants. This is a problem in
' the City Hall, and the Senior Citizen Center as well as many
of the parks which utilize Satellite restroom facilities.
' TRANSITION PLANS
Two transition plans options are provided. Option 1 is the
Minimum Compliance Plan under ORS regulations. Option 2
' includes the steps the City would need to comply with Section
504 of the Rehabilitation Act.
OTHER APPLICABLE LEGISLATION
Minnesota Law has two areas of impact for the City. First,
any new building or renovation work would have to comply with
accessibility standards outlined in Chapter 55 of the State
Building Code. Second, under the Human Rights Act, the City
may have to improve accessibility if a grievance is filed
with the Human Rights Department and the Commissioner ruled
against the City. The Human Rights Act affects both program
access and employment practices. It does contain a clause
that if the City can prove that compliance would cause an
' undue hardship on the City, to be determined on a case by
case basis, it may be exempt.
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II. INTRODUCTION
The ORS regulations strongly encourage recipient governments
to involve disabled members of the community in the self-
evaluation process and consult with outside organizations
which represent the handicapped.
' The self-evaluation process has been conducted by McGladrey
Hendrickson & Pullen a national CPA and Consulting firm.
Assistance in the project was given by the St. Croix Area
United Way, Courage Center, St. Paul Society for the Blind,
' and Community Volunteer Services.
The City of Stillwater has made a commendable attempt to
' comply with the ORS regulations published in the Fall of
1983. The City has completed some remodeling in recent years
that conforms to the accessibility specifications. To the
' extent possible, we recommend the implementation of
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Transition Plan Option 2 to solve City accessibility
problems.
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III. REVIEW OF SECTION 504 OF THE 1973 REHABILITATION ACT
The above Act defines a handicapped person as follows:
1 o a person having a mental or physical impairment which
substantially limits one or most of such person's
major life activities
o has a record of such impairment
o is regarded as having such an impairment
"The term mental or physical includes, but is not limited to,
such diseases and conditions as orthopedic, visual, speech
and hearing impairments, cerebral palsy, epilepsy, muscular
dystrophy, multiple sclerosis, cancer, heart disease,
' diabetes, mental retardation, emotional illness and drug
addiction and alcoholism."
' Section 504 prohibits the exclusion of any handicapped
person, on the basis of their handicap, from participation
and benefit of any program receiving federal funds.
Only 'qualified' handicapped persons are protected from
discrimination in this legislation. For example, a
handicapped person receives protection in employment if they
' can perform the essential functions of the job in question
with reasonable accommodation.
I/ Program accessibility in the most integrated setting is the
key factor to the Act. Equal opportunity does not need to be
provided, but it is not to be provided in the form of
separate activities or programs. Participation in existing
programs is the goal, and reasonable accommodation to
facilitate such participation is required.
1 Recipients are also required to take appropriate steps to
ensure communications with applicants, beneficiaries and
employees that may have speech or hearing impairments.
' Structural access programs are to be resolved within two
years. Any existing structural barriers which prevent full
' benefit and participation in programs and services are to be
corrected by remodeling or new construction, if no other
alternatives can be found to allow access, unless the
recipient government can prove that the structural compliance
would cause an 'undue hardship' on the City.
The structural standards defined in Section 504 are very
similar to those in Chapter 55 of the Minnesota State
Building Code. The following is a brief summary of those
standards affecting public facilities:
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o one designated parking spot for each 25 parking spaces
' provided
o curb cut or curb ramp access
o doorways of 31" in width
o doors with appropriate door handles (pull level or push
bar)
o doorway threshholds no higher than 1/2"
o appropriate access to services when an elevation change
' is required (elevator, lift or ramp)
o many specific restroom access standards
o telephone and water fountain access standards
' o walkway and hallway width standards
The standards serve not only to improve access for service
recipients but also are imposed for access of employees with
handicaps.
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IV. STRUCTURAL SELF EVALUATION
The structural self evaluation has been conducted over a two
week period by physically surveying all City-owned or leased
facilities and those facilities used for polling locations by
' the City.
Uniform Federal Accessibility Standards and Minnesota Chapter
55 standards have been used to measure for compliance. They
are most consistently used by building inspectors and comply
with federal regulations. No special equipment exists to aid
sight and hearing impaired in any City facility.
STRUCTURAL COMPLIANCE:
' Structural compliance should be measured after the non-
structural analysis. Structural non-compliance only applies
when it denies the benefit or excludes participation in any
' program or activity. A broad application of the term
'program' should be used for this evaluation. For example,
the services provided by the City Clerk's office are, in this
report, considered programs. At this point, the report will
include as many areas of non-compliance as can be identified
without having completed the non-structural evaluation.
' This report identifies non-compliance as is. It does not
consider either structural or non-structural changes which
would improve accessibility. The reader should also keep in
mind that this means accessibility to services and
participation.
Physical accessibility to structures can be viewed in four
general categories and two specific. For the purposes of the
City's self evaluation, the assessment of the facilities'
compliance to federal regulation is best presented by general
categories. The self evaluation does include specific
measurements of each facility's accessibility. Some
categories will preclude the consideration of others. For
1 example, inaccessible entrances preclude the use of the
elevation change and restroom categories. If an individual
cannot get into the building, they cannot use the restrooms
or telephones, nor move around inside the building.
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REVIEW OF CATEGORIES:
' The following categories were used to review the City
facilities. A total of 100% indicates a fully compliant
facility. In certain cases, partial percentages were
assigned to a category where some accessibility had been
achieved.
EXTERIOR ACCESS (10%) includes designated parking for the
1 handicapped, a pathway from the parking spot to an accessible
entrance and, if needed, a curb cut or ramp access to the
entrance.
ENTRANCE ACCESS (20%) includes a main door opening of 31
inches minimally, a door threshhold of no more than 1/2 inch,
' an acceptable door handle, and where applicable, seven feet
between two doors in a row.
ELEVATION CHANGES (30%) identifies whether it is necessary to
go to other floors for services and if there is an elevator
or ramp to make the other floors accessible.
RESTROOMS (30%) Many very specific regulations pertain to
restroom accessibility. Sub-categories of entrance, toilet
and urinal, stall, sink and accessories are being used here.
If a facility has an accessible entrance, stall and toilet,
it would not be fair to deem the entire restroom inaccessible
if the sink specifications were not met.
1 Two specific categories are TELEPHONE ACCESS (5%) and WATER
FOUNTAIN ACCESS (5%) . Both have height regulations. A
phone's controls can be no higher than 54 inches from the
floor and a water fountain spout to higher than 33 inches
1 from the floor.
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SUMMARY OF FACILITIES AND ESTIMATED PERCENTAGE OF STRUCTURAL
ACCESSIBILITY
CITY HALL: 30% Accessible
' City Hall is entrance accessible for the main level which
includes the City Council Chambers, the City Clerk's office,
and the Administrative functions. However, there are no
designated parking spaces on the main level or a curb cut to
allow access to the front building ramp. To meet with the
Police or Fire Departments, parking is available on the lower
level but there are no designated handicapped parking spaces
and the North parking lot would need a curb cut to be
accessible. Parking is available on the South side by the
Fire Department but the parking is not close to the entrance
because the Fire trucks garage doors are located by the City
t Hall entrance.
Once inside the building on the main floor, it is necessary
' to go down stairs for police services. City Hall does not
comply with restroom standards on either level. There is no
public telephone but there is an accessible water fountain on
the main level. The City Council chambers on main level are
accessible. However, a physically handicapped City Council
person would not be able to ascend to the raised platform
because of the three steps up on both side of the platform.
jFIRE STATION: 90% Accessible
1 The Fire Department does not need public access with the
exception of school tours. The building is accessible for
this purpose. There is a ramp from the garage to the
1 department and there is also access through the lower level
doors of City Hall. Restrooms are not accessible but they
are not used by the general public. There is no designated
handicapped parking in the South side parking lot by the -Fire
' Station.
POLICE STATION: 90% Accessible
' The Police Department is located within the City Hall on the
lower level. There is no designated parking on the lower
level of City Hall for handicapped individuals. There are no
signs to direct people to park on the lower level for the
Police Department. The Police garage is not accessible
through the regular door because it is too narrow and has an
1 entry step but the garage is utilized by employees only. The
driveway doors are an accessible entrance to the garage.
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STREET DEPARTMENT: 60% Accessible
The Street Department does not offer any services to the
general public. This building is accessible from the parking
lot to a handicapped employee. However, once inside the
building there is no accessible restroom and there is a
storage room in the building that is only accessible by
stairs.
11 WATER DEPARTMENT: 35% Accessible
Stillwater residents can mail in their water payments or pay
' in person. The Water Department building is not accessible.
The main entrance has two steps and there is no designated
parking. The restrooms are not used by the public, but they
would not be accessible to employees. The drinking fountain
in the main office is not handicapped accessible. A
statement should be included in the water bills that the
building is not accessible and those with mobility
' impairments should pay by mail.
The Water Board meets once a month at a local restaurant that
has inadequate entrances and inaccessible restrooms.
Presently none of the Board members are handicapped.
However, if a handicapped person joined the Board, the
meeting location could easily be changed to a more accessible
' location.
PARKS DEPARTMENT: 10% Accessible
' This department is located in a house that the City of Still-
water acquired when the surrounding land was purchased. The
basement level is accessible for employees from the parking
lot. The general public does not use this building. The
house is not interior accessible because of stairways from
the basement garage to the upstairs and stairs to the front
door. There is no accessible restroom. The front door could
be made accessible with a ramp, but a wheelchair occupant
would have difficulty performing the job duties of a Parks
Department employee.
LILY LAKE ICE ARENA: 70% Accessible
There is one handicapped parking space, but it is next to a
door used for exit only. This door will be opened if a
special request is made to the Ice Center manager. A
sidewalk to the main entrance is accessible from the parking
lot. The building is entrance accessible and the arena is
accessible for participants and spectators. The entrance
' doors to the restrooms are wide enough but open in rather
than out. There are no accessible toilet facilities with the
exception of the urinal. The sinks and paper dispensers do
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not meet specifications. There is one public telephone which
is not accessible.
rYOUTH SERVICE BUREAU: 95% Accessible
' The Youth Service Bureau is located in the remodeled
Washington County Courthouse. There is no designated
parking, but a ramp has been built to allow accessible
building entrance. Steps with railings are also outside the
building. The Youth Service Bureau is located on the main
floor. The entrance to the offices and meeting rooms are
accessible; however, there are metal ledges that extend
approximately 1/2 " on a few of the door entry ways. There
is a possibility that someone could trip or a wheelchair
could catch on these ledges. There are offices accessible
only by stairs, but it is unneccessary for a handicapped
' person to use this space for meetings because of the
available main floor meeting room space. There are
accessible restrooms. The shelf and mirror do not meet
11 specifications, but the rest of the facilities conform to
specifications. There is one accessible water cooler.
SENIOR CITIZEN CENTER: 50% Accessible
There is no arkin except for main street meters and side
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street parking. There is a designated building drop off a
few doors down and around the corner from the main entrance
that allows entrance to the sidewalk. The front entrance is
accessible and the interior meeting room/lounge space is
' accessible. There are no wheelchair accessible restrooms.
There is a grab bar in the womens room to assist individuals
with mobility problems. The back door is only accessible by
stairs and the area outside the back door is rocky and hilly.
11 Senior citizens are requested not to enter the building from
the back door and not to park behind the building.
LIBRARY: 90% Accessible
The original historic library building is being remodeled but
' was incomplete when this report analysis was performed. The
plans are to make the Library accessible with a ramp leading
from the parking lot to the main door. There will be parking
designated when the building is complete. The main entrance
is accessible and the plans for the width between the
shelving units will be according to library accessibility
standards. There will be one unisex restroom on the lower
' level. Concerns regarding the library are that the study
carrels and library tables are not accessible and do not meet
the specification that five percent (minimum 1) of fixed
I seating, tables, study carrels are accessible in terms of
having seating and work surfaces and allowing passage and use
by persons in wheelchairs.
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POLLING PLACES:
I Ratings are for voting access only: 40% Exterior Access
50% Entrance Access
10% Designated
Accessible Entrance
' WASHINGTON SCHOOL: 50% Accessible
The school has the least accessible access of the five
polling places. There is a designated handicapped parking
space in front of the school, but the curb cut to enter .the
sidewalk is at the end of the block (approximately 50 feet) .
A temporary handicapped parking sign is set up on voting day
on the other side of the building where the voting entrance
is, but there is no curb cut access. All four entrances to
the school have stairs and are not accessible to a
handicapped person. It would be difficult to install a ramp
because of the steepness of the incline. It may be less
' costly to change voting locations.
STONEBRIDGE ELEMENTARY SCHOOL: 90% Accessible
The voting entrance is accessible. There is no designated
parking and the curb cut is by a fire hydrant in a no parking
zone. A temporary parking sign for the handicapped should be
' placed in front of the curb cut on voting days. The main
doors are double doors and if necessary, the bar between the
doors can be removed to allow easier access although each
door is accessible.
FIRST UNITED METHODIST CHURCH: 90% Accessible
The church has a handicapped parking space directly in front
of the church sidewalk. However, there is no curb cut to
enter the sidewalk. A temporary ramp is set up on voting day
from the handicapped parking space. The building is
accessible for voting purposes.
ILILY LAKE ELEMENTARY SCHOOL: 95% Accessible
The school has handicapped parking with a curb cut entrance
but it is not by the main entrance. On voting day, a
handicapped person has to enter the building from the side
door. Polling officials should have signs directing people
' to the accessible entrance and the accessible entrance should
be marked and open. The building is accessible for voting
purposes.
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IIST. PAUL'S LUTHERAN CHURCH: 90% Accessible
I There is no designated handicapped parking. On voting day, a
temporary handicapped parking sign is set up. The rest of
the facility is accessible.
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PARKS
IILOWELL PARK: 75% Accessible
There is no designated parking. The pathway leading from the
I parking lotto the structure is accessible. The structure is
entrance accessible. The mens restrooms is toilet
accessible, but the door on the women's room stall does not
meet the minimum specification. Sink and urinal
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specifications have not been met. Walkways are accessible
from the parking lot on one level, but there are other
walkways only accessible by steps with no railings. There is
Ione accessible water fountain in the park.
PIONEER PARK: 90% Accessible
IThis park has two designated handicapped parking spaces which
are open on one side to allow easy entrance to the restroom
structure. The toilet and urinal facilities are accessible.
II The sink clearance is not adequate and the paper towel
dispenser is mounted too high from the floor.
I All playground and picnic facilities must be entered from the
grass off the parking lot. There are no walkways, but the
grassy areas are accessible to the handicapped.
ILILY LAKE PARK: 85% Accessible
Lily Lake Park has no designated parking. This park has
II ballfields, tennis courts, basketball court, swimming beach
and boat access to Lily Lake. Spectator stands and
fields/courts are accessible from the parking lot. A new
II restroom facility is in the process of being constructed to
meet handicapped accessibility requirements. During the
evaluation process, the sinks were being installed too high.
The sink should be mounted at standard height no greater than
l34 inches at the top and have a clearance of 29 inches. The
restroom doors had turn knobs when evaluated, but accessible
lever handles had been ordered.
IThe beach is accessible from a sidewalk and the boat access
is accessible from the parking lot. Picnic tables are on a
IIgrassy area but the entrance is on uneven ground.
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WASHINGTON PARK: 55% Accessible
' There is no designated parking. All parking is on the
street. One side of the street has a curb that is slanted to
allow for wheelchair access. The majority of playground
equipment is on level ground and the picnic tables are on
cement slabs but there are no walkways through the park area.
Satellite facilities are provided but they are not
handicapped accessible.
STAPLES FIELD: 55% Accessible
' Staples Field includes three fields separated by city
streets. The fields are used for ballfields in the summer
and two fields are flooded for skating in the winter. A
' portable warming house is set up in the winter that is
inaccessible because of steps. There are no restroom
facilities except a satellite facility installed for winter
' use. A sidewalk extends around parts of the field area and
there is ramp access to the sidewalk from the street. The
playground equipment is accessible from the street and
' sidewalk on fairly level grassy ground.
SCHULENBERG PARK: 55% Accessible
' This is a grassy area surrounded by streets with no curbs.
The park is accessible and has no restroom facilities.
Playground equipment and ballfields are accessible.
' RAMSEY GROVE: 55% Accessible
This park has a basketball court, ice rink and playground
1 equipment. There is a sidewalk on one side and playground
can be entered from the grass. There is a hill to access the
skating rink. There is no designated parking or restroom
' facilities.
NORTHLAND PARK: 55% Accessible
' There is no designated parking. The parking lot is
surrounded by railroad ties, but there are accessible spaces
to enter the grass. Satellite restroom facilities are
available in the winter only. The structure in the park is
used for storage and a warming house. There is an
acccessible ramp to the warming house in the winter. All
park equipment is on flat grassy land and is accessible.
There are two inaccessible water fountains in the park.
Northland Park also includes two grassy areas within a few
blocks from the main park that are owned by the city. These
areas have no playgound equipment and are accessible from
sidewalks but are on fairly steep inclines.
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IISUNRISE PARK: 55% Accessible
' There is street parking only and no parking is designated for
the handicapped. A paved road runs through the park but
there are no pathways. The only access to the playground
equipment and picnic areas is through the grass. Most of
II the park area is on uneven ground. There are no restroom
facilities.
MEADOWLAND PARK: 55% Accessible
I There is no designated parking. Entrance to the park is over
a curb and down a steep grassy incline. Plans are in place
1 for a walking path off a dirt trail on one side of the park.
Once down the hill, the playground equipment and picnic areas
are on flat ground. There are no restroom facilities.
ISOUTH BROADWAY PARK: 55% Accessible
I There is street parking only. Access to the park is from
three streets. This park has no restroom facilities. The
equipment and basketball court/skating rink are accessible
from the grass.
IISENIOR CITIZEN MINI PARK: 35% Accessible
I There is no designated parking and no access from the parking
lot. This park borders the Lowell Inn parking lot. There is
a rock/dirt path leading from the street, but it is not
accessible to someone in a wheelchair. The raised area of
Ithe park has an accessible game table.
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V. PROGRAM ACCESSIBILITY SELF EVALUATION
The following sections of the regulation pertain to program
accessibility: "No qualified handicapped individual shall,
because the facilities owned or leased by a recipient
' government are inaccessible to or unusable by a handicapped
person, be denied the benefits of, be excluded from
participation in, or otherwise be subjected to discrimination
' under any program or activity of a recipient government which
receives entitlement funds. "
"Program accessibility: A recipient government shall operate
' each program or activity in existing facilities owned or
leased by it, so that the program or activity when viewed in
its entirety, is readily accessible to and usable by
handicapped individuals. "
INTRODUCTION
Questionnaire:
The program accessibility checklist provided by the
' Handicapped Requirements Handbook has been revised for this
self-evaluation. Repetitive items are covered in the
introduction and the checklist is considerably shorter.
tProgram Categories:
1 Local governments offer a great variety of programs and
services. Many, such as police and fire protection, health
and restaurant inspection and park and street maintenance,
are programs that are provided to the citizen or do not
' require citizen participation. Services that are provided to
the public are not evaluated because those services are not
limited to or inaccessible to the people they are provided
' to. For example, Paramedic service is not a restricted
service to anyone. Only those programs involving citizens
are evaluated in this portion of the report.
For the evaluation, services are being grouped in the
following categories. Each has been evaluated through a
series of questions and attached are summaries of the
results.
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' I. Community Services Programs
A. Community Volunteer Services (Senior Citizen
Center)
B. Library
- General services
- Childrens and adults programs
C. Lily Lake Ice Arena - open skating, games
D. Explorer Scouts
1 E. Youth and Family Counseling
II. City Council and Commissions
III. City Clerk
A. Licensing and Permits
' B. Utilities and Assessment
C. Elections
No program or activity in the City of Stillwater imposes
a limit on the number of handicapped participants that
can be involved in programs or activities or places
restrictions of any kind on the handicapped. The only
restrictions on participation are a result of structural
inaccessibility.
1 Non-Discrimination Policy Statement & Policy Review:
The City should include the following policy statement
on all advertisements, program participation recruitment
' materials , admission forms and informational
publications. The City should also send this policy
statement to representative organizations for the blind
(Specifically, send the notice to the State Services for
the Blind and request they pass the information along to
their members over the 'Talking Book Radio Station' .
1 Also send the notice to Minnesota Council for the
Handicapped. ) to ensure thorough communication with
those communities. Employees should also receive notice
of the statement.
1 "The City of Stillwater does not discriminate on the
basis of race, religion, national origin, sex, marital
status, age or handicapped status in admission or access
to or treatment on employment in its programs or
activities. "
1 Although the regulation only calls for the statement to
include "handicapped status" , it is wise to include all
the categories determined by Title VII of the Civil
Rights Act, the Minnesota Human Rights Act, and
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subsequent acts regarding discimination. They are race,
color, creed, religion, sex, national origin, age,
1 disability, marital status or status with regard to
public assistance.
Outside organizations which receive aids or benefits
from the City but are not technically a part of City
government need to be notified of the City's non-
discrimination policy as well. Mahtomedi and Hudson
Fire Departments, Community Services, and the Stillwater
School District have these types of relationships with
the City and should be notified.
1 Auxiliary Communication Assistance:
The ORS regulations require the City to keep on hand a
1 list of reference or referral sources for auxiliary
communication assistance, when required, for anyone who
requests it. The following are suggested sources for
' the City's reference:
1) Minnesota Council for the Handicapped 296-6785
' Metro Square Building
7th & Robert, Room 200
St. Paul, MN 55101
1 2) Minnesota Foundation for Better Hearing & Speech
508 Bremer Building 222-6866
7th & Robert Streets
1 St. Paul, MN 55101
3) Minnesota State Services for the Blind & 296-6080
Visually Impaired
1745 University Avenue
St. Paul, MN 55104
1 4) Minneapolis Society for the Blind 871-2222
1936 Lyndale Avenue South
Minneapolis, MN 55403
1 5) St. Paul Vocational Technical Institute 221-1337
235 Marshall Avenue
St. Paul, MN 55102
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COMMUNITY VOLUNTEER SERVICES INTRODUCTION
Community Services in Stillwater is the responsibility
of the School District, not the City. For this
evaluation, the Community Volunteer Services programs
were reviewed as well as the City-sponsored skating
lessons at the Lily Lake Ice Arena, the Library Programs
and the Explorer Scout Program.
The ORS regulation states that no "qualified handicapped
individual" shall be denied the benefit of any program
or activity of a recipient government (31 CFR51 (k)
(1)) . During the self-evaluation process, concerns over
the interpretation of this statement have been raised,
specifically, what constitutes a "qualified handicapped
individual?". The Supreme Court has defined this term:
"An otherwise qualified handicapped person (under
Section 504) is one who is able to meet all of the
program's requirements in spite of his handicap."
11 (Federal Advisory Program Service , Handicapped
Requirements Handbook, April 1983, Section 301:1) .
The Community Volunteer Services operates a Transporter
program, providing transportation services to those in
need. This program is funded by Washington County.
11 I. COMMUNITY SERVICES
A. Category: Senior Citizen Center
o Nature of Activities:
Social, recreational, educational,
assistance , counseling, information
referral, and physical
Social activities include bingo, movies,
parties, etc. Senior citizens also
volunteer for community projects, e.g.
stuffing and mailing materials.
o Admission Criteria and/or Forms:
There is no admission criteria or fees
for the center. Seniors are asked to
1 sign in when they use the center but this
is for recordkeeping purposes. The
center is self-supporting, e.g. craft
sales.
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o Written Materials and/or Equipment:
1 The center distributes a monthly
newsletter that can be picked up at the
center and newsletters are also
distributed at the senior citizen high
rises.
o Testing and/or Evaluation Process:
There is no formal testing process. The
center has a long-range planning
committee that reviews the services and
plans for future services but individuals
are not tested.
o Boards or Councils and Selection Process:
There is a steering committee of
individuals interested in serving and
active in the center. There is also the
Community Service Board of Directors that
sets major policy.
' o Facilities Used:
The main Senior Citizen Center on Main
Street in the City of Stillwater.
1 o Transportation, housing, health services,
financial aid, counseling, or social,
recreational and athletic services
provided:
Most of the programs are social and
recreational. The following health
services are provided periodically:
blood pressure screening , flu
innoculations , hearing and vision
screening, and nutrition information
distribution.
Counseling is provided on a limited case
management basis. There is no facility
for lip reading, but the Director has
good experience dealing with the hearing
impaired.
o Areas of Non-Compliance:
The back door of the facility and the
restrooms are not accessible. There is
no parking. A few parking spaces are
available a couple blocks away, but most
program participants have to be dropped
off at the center.
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' o Options:
Washington Federal has been contacted
regarding the possibility of using a few
of their parking spaces for the Senior
Citizen Center. This would help
alleviate the parking issue.
The center could consider relocating to a
more accessible building. However, the
current building space has been donated
to the Community Services program.
B. Library - General services
o Program Category:
11 General Library programs
o Nature of Activities:
Checking out material and information
11 services
o Admission Criteria and/or Forms:
One form is filled out to receive a
library card. Certain material is
restricted by age, e.g. videos and
software
1 o Written Materials and/or Equipment:
All appropriate library materials
including books, reference materials,
magazines, periodicals, etc. Audio
visual equipment can be checked out.
' o Testing and/or Evaluation Process:
The only testing required is that
citizens must demonstrate they can
1 operate audio visual equipment before
they can check it out.
o Boards or Councils and Selection Process:
There is a policy making board that sets
library hours and reviews the budget.
Selection process:
The positions are advertised in local
newspaper. The person's name, address,
telephone number, education, place of
1 work, and interest in the library are
requested. The Library Board reviews the
applications and recommends the
1 individual(s) to participate on the
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Board. All applications go to the Mayor
with the recommendations. The members
1 are appointed by the Mayor and confirmed
by the City Council.
o Facilities Used:
The main library building.
o Transportation, housing, health services,
' etc. provided:
Outside organizations are allowed to
schedule meeting room space in the
1 library at no charge unless the group is
charging its members. These meetings may
o A eac onH i
dNeorn ed ompociiaanc e:or recreational,
e.g. 4 .
The library is in process of being
1 remodeled and is to be handicapped
accessible. (See comments on the library
in the structural evaluation) .
Library - various programs
o Program Category:
Childrens programs
Adult programs
Scheduling conference room space
o Nature of Activities:
- Weekly story hour for preschoolers
- Evening story hour for children
- Performers - puppeteer, juggler,
magician
- Informational - adult session, e.g.
gardening, consumer issues, book
discussion groups, etc.
o Admission Criteria and/or Forms:
The conference rooms in the library can
be used by outside groups such as
community college classes. The library
does not charge for the space unless the
group holding the meeting/class is
charging their participants. The library
1 can also charge if the library is used
during non-standard hours. Activities
may be limited to the first x number that
sign up.
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o Written Material and/or Equipment:
There is a form to fill out to obtain a
library card or to register for a class.
Requests for specific books are also
written. If a person is unable to fill
out a form, a library employee can fill
Iit out for them.
The library does not have braille books
I but there is a telephone number for the
talking book program operated by the
State Office for the Blind.
I
o Testing and/or Evaluation Process:
N/A
o Boards or Councils and Selection Process:
(see same section above on general
1 library board selection)
o Facilities Used:
IThe main library building.
o Transportation, housing, health services,
etc. provided:
' The library advertises a service for
homebound citizens where volunteers will
take books to them. This service is
I advertised in the library brochure, and
on a cable television channel. Some of
the library programs would be considered
I social/recreational.
o Areas of non-compliance:
There is no accessible seating in the
library.
o Options:
Tables should be ordered that meet
handicapped accessibility standards.
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C. Lily Lake Ice Arena:
o Category:
Recreational activities
Nature of Activities:
1 Skating lessons
Hockey practices
Stillwater High School hockey games
Open skating
o Admission Criteria and/or Forms:
The ice is rented by the Hockey
1 Association and the sign up/admission is
through them. The cost for open skating
is $1 for a student and $2 for adults.
o Written Materials and/or Equipment:
No equipment or skates are rented at the
1 arena. The only written materials are
lease contracts with outside
organizations for the use of the ice and
forms to sign up for skating lessons.
' o Testing and/or Evaluation Process:
No formal testing or evaluation process
1 exists. The only evaluation performed is
a review of the skating program.
o Boards or Councils and Selection Process:
The Park and Recreation Commission is
appointed by the City Council for a three
year term. The only requirement to be a
member is an interest in recreation. The
meetings are held in the City Council
Chambers which are accessible. The
Commission reviews the system and
formulates the budget.
o Facilities Used:
Ice Arena
Ball Fields
Tennis Courts
1 City Council Chambers for meetings
o Transportation, housing, health services,
1 etc. provided:
N/A
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I Areas of Non-Compliance:
The Ice Arena is entrance accessible and
the programs are accessible. The only
area of non-compliance is the restrooms.
Io Options:
' Remodel the restrooms to meet handicapped
accessibility standards.
' D. Explorer Scouts
o Category: Police training program in
' association with the Boy Scouts
o Nature of Activities:
I Training in supervised police work to
determine individual interest in police
work for future employment. These
individuals participate in such duties as
' crowd and traffic control.
o Admission Criteria and/or Forms:
I Individuals are chosen by the Boy Scout
organization and screened by the police
department.
o Written Materials and/or Equipment:
Materials and equipment provided are
standard forms and equipment used in the
' Police Department.
o Testing and Evaluation Process:
N/A - Individuals are referred by the Boy
Scouts
o Boards or Councils and Selection Process:
N/A
o Facilities Used:
The Police Department, City Parks
o Transportation, Housing, Health Services,
' etc. provided:
The Explorer Scout may ride with an
officer in a Police Car on non-dangerous
' calls.
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o Areas of Non-Compliance:
' To participate in this program a person
must be physically able to perform police
work which is a bona fide occupational
Irequirement.
o Options:
N/A
E. Youth Service Bureau
o Category: Youth and Family Counseling
Nature of Activities:
' Counseling
Outreach to schools and other appropriate
sites
Crisis intervention in homes
' o Admission Criteria and/or Forms:
Admission forms are required but can be
1 filled out orally. Fees are based on
persons ability to pay.
o Written Materials and/or Equipment:
Brochures
Fee Policy
General information handouts
o Testing and/or Evaluation Process:
There is no testing. Individuals are
' referred.
o Boards or Councils and Selection Process:
There is a Board of Directors. New
' members are selected by the Executive
Director and existing Board members.
Meetings are held in the Washington
' County Courthouse on the main
floor and are accessible to the
handicapped. There is nothing to
' prohibit a handicapped person from being
on the Board of Directors.
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o Transportation, Housing, Health Services,
etc. provided:
The funding from the City of Stillwater
is based on the census and the cost of
service. Nine municipalities contribute
funds to the program. Insurance covers
some of the fees. Intake and assessment
are performed free of charge and after
' that time costs are based on ability to
pay.
o Areas of Non-Compliance:
This program appears to be in total
compliance. The building is accessible
as well as the restrooms. A person is
' available to sign for the deaf, and every
effort has been made to make the program
accessible to the handicapped.
III. City Council and Commissions
o Nature of Activities:
City Council Meetings
Public Hearings
Commission Meetings
11 o Admission Criteria and/or Forms:
None
' o Written Materials and/or Equipment:
P.A. system in City Council Chambers, .
Council meetings are broadcast on Cable
' television.
Written reports which are used and reviewed.
Meeting Agendas.
o Testing and/or Evaluation Process:
None
o Boards or Council's Selection Process:
Council members are elected officials,
Commission members are appointed by the City
Council
o Facilities Used:
I City Council Chambers.
Board of Water Commissioners meets at a local
restaurant. The Joint Cable Commission meets
' at Oak Park Heights City Hall Council
Chambers.
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o Transportation, etc. :
None
o Areas of Non-Compliance:
The City Hall Council Chambers are accessible.
The City Hall restrooms are not accessible.
The City Council chairs are on a raised
platform that would not be accessible to a
handicapped City Councilperson.
Civil rights, such as participating in
political and government processes are
' considered the most important aspect of
accessibility to members and representatives
of the handicapped community consulted for
this project. Steps to ensure permanent
' unrestricted access to the City Council
and Commission meetings and hearings should be
the City's highest priority in complying with
the ORS regulations.
Pre-notification of accessibility needs is
acceptable for recreational services but is a
direct contrast to the concept as it applies
to public hearings. Individuals from the
Minnesota Council for the Handicapped feel it
is not acceptable to expect or request prior
notification for public meetings or hearings
of government processes. Their main concern
' is that, in this case, pre-notification
requirements would serve as a deterrent to
citizen participation.
1 o Options:
- Make the restrooms in City Hall accessible.
- Provide sign language interpreters upon
request.
- The stairs to the raised platform where the
City Council sits would have to be
structurally changed to allow for
wheelchair access. The width of the
stairs is too narrow to build a ramp.
III. City Clerks Office
Category: Licenses & Permits
IA.
o Nature of Programs:
All types of contracting licenses
Business licenses
tAnimal licenses
Building-related permits
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o Admission Criteria and/or Forms:
' In this category there is literally a
form for every function. The City staff
will assist hearing impaired and blind
with processing forms. This has not
prohibited access to the process for the
handicapped in the past.
' o Orientation:
Verbal instructions regarding forms and
' applications
o Testing and/or Evaluation Process:
' None
o Boards or Councils:
The City Clerk's office has no advisory
board involved with its responsibilities.
o Facilities Used:
City Hall
o Transportation, housing, health services,
etc. provided:
None
o Areas of Non-Compliance:
' The services provided are accessible.
There is no non-compliance.
B. Category: Elections
' o Nature of Activities:
Voting day activities
- locations
- training and recruiting judges and
officials
- Voting booths
Voter information and voter registration
is performed at Washington County.
o Admission Criteria and/or Forms:
The only criteria used is that required
11 by Federal and State law including
citizenship, proof of address or someone
to vouch for current address. This
information is indicated on the
registration forms.
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' o Written Materials and/or Equipment:
Voting Booths
o Testing and/or Evaluation Process:
None
o Board and/or Councils:
None
' o Transportation, housing, health services,
etc.
provided:
' None
o Facilities Used:
Voting registration at Washington County:
' Polling places are:
Washington School
- Stonebridge Elementary School
' First United Methodist Church
Lily Lake Elementary School
- St. Paul's Lutheran Church
Classes for election judges are held in
' the City Council Chambers.
o Areas of Non-Compliance:
' Washington School is a non-accessible
voting location. There are stairs at all
entrances to the School building.
o Options:
- Move voting location from Washington
School to an accessible site.
' - Install a ramp to allow wheelchair
access to the school.
- The City Council Chambers are
accessible but the restrooms should
be made accessible.
' C. Category: Assessments and Utility Billings
o Nature of Activities:
Sewer Utility Billings
Assessments for: Sanitary sewer
Water
Curb and gutter
' Street
Storm sewer
o Admission Criteria and/or Forms:
' There are forms for each of these
activities. Assistance in completing the
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' forms is available.
' o Written Materials and/or Equipment:
None
o Testing and/or Evaluation Process:
None
o Boards and/or Councils:
' None
o Facilities Used:
' City Hall
o Transportation, housing, health services,
etc. provided:
None
o Areas of Non-Compliance:
' All services in this category can be
handled by mail. The City Hall is also
accessible for this purpose. There are
' no areas of non-compliance.
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VI. PERSONNEL POLICIES AND PRACTICES SELF-EVALUATION
The Office of Revenue Sharing requires recipient governments
to conduct a self-evaluation of personnel policies and
practices. This report not only identifies areas of
' compliance and non-compliance but also reviews practices
discussed in the regulation which hiring managers should be
aware of.
' Primarily, the regulation prohibits discrimination against
handicapped individuals in the areas of personnel
recruitment, advertising, hiring, promotions, rates of pay,
' job assignments or classifications, and selection for
training among others. Employers must be willing to make
'reasonable accommodation' for the disabled employee.
Denying employment because an applicant is unable to perform
certain aspects of the job when those aspects could be
performed by making a 'reasonable accommodation' is a
violation of this regulation.
' , REASONABLE ACCOMMODATION:
' The largest problem of non-compliance the City has is the
inaccessibility of the restrooms in City Hall and the
inability for an employee to move between floors in City Hall
without using the stairs. The ORS regulation states that if
the City has a qualified applicant who requires an accessible
workplace, it will have to accommodate the individual and be
able to prove, if challenged, that this was not a factor in
' the election process.
Reasonable accommodation may include making facilities used
by employees accessible to and usable by handicapped persons,
' job restructuring, modified work schedules, acquisition of
special equipment, provision of readers, sign language
interpreter and locating a position in an accessible
' facility, unless the City can prove that making such
accommodations would impose an undue hardship on the City.
Determinations of undue hardship are to be made on a case-by-
case basis, that compliance may require "more than an
insignificant economic cost."
RECRUITMENT:
On all recruitment materials, the City should state that it
is an 'Equal Opportunity Employer' . This statement was not
' made on the materials reviewed for the self-evaluation. Due
to the fact that the City is not completely accessible,
appropriate recruitment notices should include a statement
such as:
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'for accommodation of special needs in hiring or testing
processes such as sign language interpreters, please
contact at
The list of protected class recruitment sources included in
the City's Affirmative Action Program needs to be updated to
' include agencies representing the disabled and redistributed
to hiring managers. A list is provided in the Appendix of
this report. Using a pre-notification for interview
accessibility does not exclude the City from the need to make
structural accommodations within a reasonable period of time.
For the City to exclude anyone from the hiring process
' because they are unable to move about within the City Hall or
use the restrooms would be in violation of the ORS
regulations and Minnesota statutes.
AFFIRMATIVE ACTION PROGRAM:
The ORS regulations do not require the City to hire any un-
qualified disabled individuals, that is, persons not meeting
essential job requirements, or fulfill a quota system. It
does mandate equal opportunity and non-discrimination in
employment. This means the City must take steps to ensure
notice reaches protected classes, including the disabled and
that no portion of the hiring process results in inequitable
treatment of anyone due to their disability.
Any government taking voluntary affirmative action is allowed
to "invite applicants for employment to indicate to what
extent they are handicapped" provided that the government
makes clear that this information is solely for use in the
City's affirmative action program, that the information is
given on a voluntary basis, and to take appropriate steps to
ensure that the information will be kept confidential.
Information obtained regarding protected class status such as
disability for affirmative action purposes or through
physical examination shall be maintained on separate forms.
Only supervisors and managers may be informed of this
' information. In emergencies, first aid or safety personnel
can be informed.
The City's Affirmative Action Program was reviewed as part of
the self-evaluation process. The program appears to be very
complete and responsiblity for the Affirmative Action Program
has been assigned to the City 504 Coordinator with
' supervision by the City Council. The Affirmative Action
Program covers the following areas:
o Definition of Affirmative Action
' o Internal Dissemination of Policy
o External Dissemination of Policy
o Designation of Responsibilities
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o The Employment Process
o Training
' o Career Advancement
o Contracts
o Auditing and Monitoring
' o Utilization Analysis
- Recruitment Sources
- News Media
- Equal Employment Opportunity Report
- Utilization Analysis Chart
We would suggest the program be monitored on a periodic basis
' by the City Council to assure compliance with the policies
and procedures documented in the Affirmative Action Program.
The only suggested addition to this program is the expansion
' of the expansion of the Recruitment Sources list to include
additional Affirmative Action Agencies (see Appendix B) .
' GRIEVANCE PROCEDURE:
The self-evaluation process included a review of the City's
Grievance Procedure. The City of Stillwater has "adopted an
' internal grievance procedure to provide for prompt and
equitable resolution of complaints alleging any action
prohibited by the Office of Revenue Sharing's (ORS)
regulations . . . implementing Section 504 of the
Rehabilitation Act of 1973." The City's Grievance Procedure
is adequate, and a Section 504 Coordinator has been
designated by the City. The Coordinator position is
currently held by the City Coordinator, Nile Kriesel.
APPLICATION FORM:
Title VII of the Federal Civil Rights Act of 1964 and/or the
Minnesota Human Rights Act, Minnesota Statute 363, prohibits
' employers from requesting information regarding race,
religion, sex, marital status, disability, age, arrest
record, national origin, and status with regard to public
assistance. Questions regarding national origin may be asked
' if required by Federal law or regulation for national
security purposes or for the purpose of compliance with the
Public Contracts Act. We would suggest the following items
be removed from the City's application form:
o Date of Birth
o Dates which applicant attended school - inferring age
Questions which could be used in a discriminatory manner, as
selection criteria, should not be included on the
application. The use of a disclaimer regarding the age
' question on the application form is not acceptable. Many
applicants would feel obligated to answer the question
because of the statement on the application 'Furnishing
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social security number, sex and age is voluntary, but refusal
to supply other requested information may mean that your
application for employment will not be considered. '
' An article by Lowell & DeLoach, Readings in Personnel and
Human Resource Management, regarding the legality of
' questions on the application form is included in Appendix A.
PHYSICAL EXAMINATIONS:
The Police and Fire Departments require testing prior to
hiring. The testing for the Fire Department is technical
testing of physical ability to perform job functions, e.g.
' pulling the hoses and operating the equipment. The Police
Department requires stress testing and a physical
examination. These exams are appropriate because of the
I occupational requirements of the positions in these
departments. The City should monitor the policy to assure
that all potential employees in those classifications are
consistently required to have exams.
' Information obtained through exams is required to be kept
confidential and on separate forms.
' JOB DESCRIPTIONS:
' A review of the job descriptions was performed. Job
descriptions were updated and rewritten in 1984. They appear
to comply with the requirements and are not discriminatory.
INTERVIEWS:
The City Hall is an accessible location for interviewing. To
' fully comply with the regulation, the City will have to
provide 'auxiliary communication aids' upon request for
interviews and testing. For example, a sign language
interpreter may be necessary for an interview or readers for
the visually impaired in testing procedures. Pre-employment
tests cannot test sensory, manual, or speaking skills except
when essential to the job in question.
' PROMOTION, TRANSFERS, PAY RATES, ETC. :
Stillwater has no disabled employees at this time.
Consequently it is difficult to determine the equity or lack
of equity in the areas of promotion, demotion, transfers,
rates of pay, etc. for current employees. There do not
' appear to be any discriminatory practices in this area of
City employment practices.
' The City of Stillwater has made an effort to improve the
standards of equitable treatment and access to employment
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indicated by the time and effort spent in establishing a
comprehensive Affirmative Action Program and Grievance
Procedure. We suggest that greater effort is made to contact
Affirmative Action Agencies when new employees are recruited.
NOTICE:
(a) "Whenever a recipient government publishes or uses
recruitment materials or publications containing general
information that it makes available to participants,
beneficiaries, applicants or employees, or the general
public, it shall include in those materials or
publications a statement that it is the policy of the
' recipient (Stillwater) government not to discriminate
against the handicapped in employment or the provision
of services." (Federal Register October 17, 1983 ORS
' Regulations 51.55(E)(2) .) The above underlined section
of the regulation needs to be included in the following
either as an insert or section of the material.
The City does not publish any newsletter for the general
public, but this statement should be included in
employee paychecks.
1 (b) Contracts and Collective Bargaining Notice:
1 Recipient governments are required to "notify
participants, beneficiaries, applicants and employees,
including those with impaired vision or hearing, and
' unions or professional organizations holding collective
bargaining or professional agreements with the recipient
government that it doesn't discriminate on the basis of
handicapped status in violation of the section. "
' (Federal Register October 17, 1983 51.55 (E)(1) .) The
notice is the same as underlined in (a) above.
The City of Stillwater union contracts were reviewed and
we found the following:
o The Public Works and Parks Agreement (Local No.
49) , the Firefighters Agreement and the Police
' Agreement do not include a non-discrimination
provision.
o The Local 517 AFSCME Agreement and Library Local
517 Agreement do not include 'disability' in the
discrimination clause.
In the future, contracts should be amended to include
1 non-discrimination including a disability clause where
consideration is given to protected classes.
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VII. TRANSITION PLAN - OPTION 1
•
MINIMUM COMPLIANCE WITH SECTION 504
The programs and services provided by the City of Stillwater
' are currently accessible with the exception of voting at
Washington School and the seating in the library. Structural
compliance is only required when a structural barrier
' prevents accessibility to the program's services and
activities.
i The Washington School building is inaccessible to the
handicapped. The City should install a ramp to enter the
building or change the polling location. The library should
install handicapped accessible seating. A minimum of 5% of
' the total seating is required to be handicapped accessible.
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VIII. TRANSITION PLAN - OPTION 2
MAXIMUM COMPLIANCE
WITH THE OFFICE OF REVENUE SHARING REGULATIONS
' Facilities:
A. City Hall
o Designate a handicapped parking space on the street
level
o Make a curb cut entrance to the main door ramp on
the street level
o Designate handicapped parking space on the North
side of the building in the lower level parking lot
o Make a curb cut entrance to the lower level doors
o Install turn levels or push bars on the lower level
doors
o Remodel the City Hall restrooms to allow
handicapped accessibility
B. Lily Lake Ice Arena
o Designate a handicapped parking space next to the
sidewalk that leads to the main entrance
o Remodel the restrooms to make them handicapped
accessible
' o Install a handicapped accessible public telephone
C. Washington County Courthouse (Youth Service Bureau)
' o Install signs to warn citizens of the metal ledges
that extend above floor level in the doorways
through-out the hallway
D. Senior Citizen Center
o Install a ramp at the back door to allow for
emergency exit
o Continue negotiations with Washington Federal to
utilize some of their parking spaces for the Senior
Citizen Center
' E. Library
o Install handicapped accessible seating (5%)
Polling Places:
A. Washington School
o Install a ramp to allow entrance to the building
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OR
o Change polling location
•
B. Stonebridge Elementary School
g y
o Place a temporary sign for the handicapped in front
of the curb cut on voting days
C. Lily Lake Elementary School
' o Polling officials should install temporary signs
directing people to the accessible entrance and the
accessible entrance should be marked and open
' Parks:
A. Lowell Park
o Increase the size of the stall in the women's
restroom to meet the minimum specification
' B. Lily Lake Park
o Designate handicapped parking spaces by the new
restroom
o The City should inspect the restrooms on completion
for compliance with minimum specifications
(restrooms were not complete at the time of the
study)
' C. Meadowland Park
o Cut the curb for accessibility from the street to
enter the park
D. Senior Citizen Mini Park
o Install a ramp from the parking lot to the path to
allow access to the park
Program Accessibility:
The programs are accessible with the exception of the
' structural and non-structural changes suggested above and the
lack of auxiliary communication aids.
The City should adopt and distribute a list of outside source
that can provide assistance for auxiliary communication aids.
One is provided in the program accessibility section of the
self-evaluation. This list will assist the City when it
' needs to provide such aids, upon request, like a sign
language interpreter. The City would have to provide such
assistance for any public service, meeting or hearing
process, upon request, to comply with Section 504.
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Personnel Policies and Practices
A. Reasonable Accomodation
The current City Hall building would not be accessible
to a handicapped employee because of the lack of
accessible restroom facilities and the inability to move
from the upper to the lower level without using the
stairs. An accessible workplace is required if the City
hires a qualified handicapped individual.
B. Recruitment
o The City should state that it is an 'Equal
Opportunity Employer' on all recruitment materials
o The list of protected class recruitment sources
should be updated to include agencies representing
' the disabled and redistributed to hiring managers.
C. Affirmative Action Program
The Affirmative Action Program should be periodically
monitored by the City Council to assure compliance
with the policies and procedures documented in the
program and noted in the Council meeting minutes.
' D. Application Form
Date of birth and dates which applicant attended school
should be taken off the application form.
E. Physical Exams
The City should monitor the policy of physical exam ad-
ministration to assure that all potential employees in
those classifications are consistently required to have
exams.
F. Interviews
The City should provide auxiliary communication aids
upon request for interviews and testing.
1 G. Union Contracts
The union contracts should be amended in the future to
include a non-discrimination clause where consideration
is given to protected classes.
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IX. APPENDIX
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IAPPENDIX A
READINGS IN PERSONNEL AND HUMAN RESOURCE MANAGEMENT
ILOWELL AND DeLOACH, WEST PUBLISHING 1984
IBACKGROUND ON EEO
Title VII of the Civil Rights of Act 1964, which was amended by the
I Equal Employment Opportunity Act of 1972, prohibits discrimination in
employment on the basis of race, color, religion, sex or national
origin. Title VII regulations are applicable to state and local
government agencies, institutions of higher learning, and private
I employers who have 15 or more employees for at least 20 calendar weeks
per year.
1 In 1978, the EEOC, supported by the Civil Service Commission, the
Department of Labor, and the Department of Justice, adopted the Uniform
Guidelines on Employee Selection Procedures, which are designed to
uphold the position of Title VII and provide selection-process guidance
Ifor employers. Any deviation from these provisions must be fully
supported with evidence from the employer that the practice in question
is a bona fide occupational qualification (BFOQ) .
IThe application blank, an integral part of the selection process for
many firms, educational institutions, and government agencies must
II adhere to the provisions of Title VII as outlined in the Uniform
Guidelines.
It has been 17 years since Title VII was enacted - 17 years for the
I nation's firms to generate and implement legal hiring practices. The
purpose of our study was to determine just how well employers were
complying with Title VII mandates with regard to the questions they
II asked on their employment application blanks. To do so, we collected
application forms from 50 large, nationally known U.S. firms and
carefully studied each one to see what, if any, EEOC violations it
Icontained. The results of our study follows:
RESULTS OF THE STUDY
I Examination of the 50 application blanks revealed 17 types of questions
that contained violations of Uniform Guideline regulations. Much to
our amazement, only two of the forms contained no violations.
I Apparently, most of the human resources managers at these companies
have not taken the time to review their current application forms for
possible illegalities.
ILet's look at each question and see what makes it illegal under EEOC's
Uniform Guidelines provisions.
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II Name
I Many forms required that the applicant list other names that he or she
had used previously, the most common being the maiden name. This
inquiry is unlawful in that it would indicate the applicant's marital
I status, sex, national origin, or ancestry. Even the use of "Mr. , Mrs. ,
Miss, or Ms. " on an application form is illegal.
Height and Weight
II
In Dothard vs. Rawlinson (1977) , the Supreme Court ruled that height
and weight requirements in this case were not shown to be job-related
I and therefore violated Title VII. Employers that have certain height
and weight requirements must be able, to prove that they are a BFOQ.
Age
I Requiring proof of age if the applicant is a
g pp minor or asking whether he
or she meets the minimum age requirement are lawful inquiries. An
I unlawful inquiry would be to ask the age or date of birth of an adult
applicant. Several of the applications we reviewed used a bracket
technique for age requirements (check one 21-25 _ 26-35_ 36-
' 50) this is also illegal. Several other forms asked if the applicant
was 65 or older. It should be pointed out that the Age Discrimination
in Employment Act of 1967, which protected employees 40 to 65 years of
I age, was amended in 1978 to cover employees 40 to 70 years of age.
Wake up, personnel managers!
Religion
IOnly one form asked for the applicant's religious affiliation - and
this company surely could not maintain that religion is a BFOQ.
II Employers cannot ask applicants about their religious beliefs and
practices and cannot require them to work on those days that are
considered required days of religious observance by their faith.
IRace/Color
Queries about an applicant's race or the color of skin, eyes, or hair
I are definitely unlawful. To our surprise, several companies had
disguised this inquiry, whether intentional or not, under the heading
"To help support our Affirmative Action program". Consultation with an
II equal opportunity specialist on this matter yielded the verdict-
"Guilty" .
Citizenship
I "Are you a citizen of the United States? If not, do ou have the legal
y g
right to remain permanently in the U.S.?" These are questions that
I meet with the Title VII approval. However, asking for the date of
citizenship, whether the applicant is a naturalized or native-born
citizen, or a citizen of another country is unlawful. Only one company
IIasked for the applicant's naturalization number - an indirect way of
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distinguishing between naturalized and native-born Americans.
' National Origin
Requiring the applicant's nationality or lineage, the maiden name of
wife or mother, or the language commonly used by the applicant is
' unlawful. Asking what foreign languages the applicant reads, speaks,
or writes fluently is legal, but asking how he or she acquired this
ability is not. The same companies that disguised their inquiries on
race and color under the pretext of helping their Affirmative Action
programs did the same for national origin.
' Education
The second most common violation we found on the applications was a
question on the dates of attendance at and graduation from various
' schools - academic, vocational, or professional. The main reason this
inquiry is illegal is that it has an indirect relationship to the
applicant's age. For example, it can be easily calculated that a
' person who graduated from high school 20 years ago is now about 38
years old.
' Military Background
Most of the violations we found were in this category. Questions
concerning what branch of the armed forces the applicant served in and
' type of discharge he or she had are considered unlawful. We, and
obviously most of the screened firms, fail to see any substantial
justification for this restriction. Nevertheless, it is the law!
Arrest Records
In the decision of Gregory vs. Litton Industries, the court held that
employers violated Title VII by disqualifying persons from employment
because of an arrest record. The court ruled that this action had an
adverse impact and was not shown to be justified by business necessity.
' Questions about arrest records and convictions were the third most
frequent violation in our research. We should point out that these
inquiries were too general in nature (for example, asking applicants to
' "List all convictions and arrests") . Some employers, however,
specifically asked about certain crimes that were related to the
functions and responsibilities of the job. This constitutes a legal
' and well-phrased inquiry.
Relatives
' Two firms required the applicant to list the name and or address of a
relative. This requirement is legal for an applicant who is a minor
but not for an adult applicant. However, a company can legally ask
' about any relatives who are currently employed by the company.
Notice in Case of Emergency
' Many companies require the name, address, and phone number of a person
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IIwho can be notified in case of an emergency. This requirement is
legal; however, asking the relationship of this person could indicate
Ithe applicant's marital status or lineage and is, therefore, illegal.
Membership in Organizations
I Many forms asked the applicant to list memberships in clubs,
organizations, and societies, along with offices held. These forms
carefully added instructions not to include organizations that would
I reveal race, religion, physical handicap, marital status, or ancestry-
a wise choice of words. Those that did not add such a clause may be
indirectly asking for the applicant's race, religion, and so on - and
thus are making an unlawful inquiry.
I Sex
I This question is still asked on many applications. Employers who do so
must be able to prove that it is a BFOQ.
IPhysical Handicap
Common violations of this inquiry included requiring the listing of an
applicant's "physical handicaps, defects, or past illnesses". However,
Iby simply adding the phrase "that may interfere with your job
performance" , the inquiry would be legal. Another question asked in
this area was whether the applicant had ever received workers'
II compensation for previous injury or illness. This, too, is an illegal
inquiry.
IMarital Status
To all the women who have been rejected by employers because their
husband's occupation (especially the military) , Title VII shouts
II discrimination. Employers cannot ask whether an applicant is single,
married, divorced, separated, or living with anyone or the names and
ages of the applicant's spouse or children.
1 Housing
I Asking whether an applicant owns, rents, or leases a house was found on
several job applications and added to our long list of Title VII
violations.
I Other areas were checked, but no discrepancies were noted among the 50
applications. These areas included birthplace (illegal inquiry) , work
experience (legal inquiry) , photograph (illegal if required before
I employment) , address (illegal if requiring foreign addresses) , and
references (illegal if requiring a religious reference).
I Study results shown in Exhibit 1 indicate application violations are
most prevalent in six of 17 types of questions (in descending order) :
Military background, education, arrest records, physical handicaps,
age, and name. Each of these violations occurred in more than 25
1 percent of the surveyed firms. In instances where companies can show
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validity for job success, some of the cited violations in Exhibit 1
might be considered legal. Once adverse impact is shown, however, it
' is the company's responsibility to prove bona fide occupational
qualification.
On the basis of our research, it appears that some employers were under
1 the misconception that by footnoting their illegal questions they could
get away with asking them. These "optional questions" are a frequently
used technique for delving into an applicant's personal background.
' Many applicants will, of course, feel obligated to answer such
questions, hoping that their candor will impress a potential employer.
It is for that specific reason that these illegal inquiries may not be
' camouflaged under the guise of optionality.
Another frequently used ploy was to ask "confidential" questions that
would be used solely for the firm's Affirmative Action program.
' Companies using this method would threaten not to hire if this section
of the applications was not completed. These sections openly question
the applicant about his or her age, race, sex, and so on and, of
course, are illegal.
We found that, in the majority of cases, violations were in the form of
standard questions on the application - as a result of either the
' employer's ignorance of Title VII regulations or sheer deception. In a
couple of cases, it was evident that firms had made an attempt to
comply with Title VII mandates. This was easily noted on those
specific application blanks where pen-and-ink changes were used to
delete unlawful inquiries. Unfortunately, in cases where corrections
were made, not all the illegal questions were removed.
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APPENDIX B
AFFIRMATIVE ACTION AGENCY LIST
' St. Paul Urban League Hallie Q. Brown Community Center
401 Selby Avenue 956 Hague, St. Paul, MN 55104 &
St. Paul, MN 55102 270 Kent, St. Paul, MN 55102
224-5771 224-4601
Working Opportunities for Frank TeKauts
1 Women DVR-Midway Field Office
2233 University Ave. Suite 340 Roseridge Office Bldg. Suite 101
St. Paul, MN 55414 1611 W. Co. Rd. B
647-9961 Roseville, MN 55113
296-6786
' Minnesota Job Service Mark Mulvhill
390 North Robert Street VETS Center
' St. Paul, MN 55101 2480 University Avenue
296-8708 St. Paul, MN 55114
644-4022
Bureau of Indian Affairs Minnesota Dept. of Economic
Employment Assistance Office Security
110 So. 4th Street -Room 200 Division of Vocational
Minneapolis, MN 55401 Rehabilitation
349-3597 444 Lafayette Road
' St. Paul, MN 55101
296-5616
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