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HomeMy WebLinkAbout10/05/1982 Agenda: Maplewood Human Relations Commission Business Meeting: October 5,1982 Peblic Works Building 7:30P 1. Approval of minutes; business meeting September 21, 1982 2. Correspondence and announcements 3. Roll call. 4. Accessibility study. Discussion of NHHI services 5. Changes to HR act. Rostron 6. MN HR Act - high school packet . Fischer 7. Familial Housing information letter. Haynes 8. HRA update. Bryant 9. League of MN HR Commissions. Larsen 10. Annual Report. Bryant 11. Old Business 12. New Business 13. Set next meeting date. 14. Adjournment Please call Maria at the office (451-4346) if you cannot make: Two of us will be missing. One more will give us a lackof quorum. Stay in touch. September 21, 1982 Maplewood Human Relations Commission Business Meeting All commissioners present. Guest: Julie Quarve Peterson - National Handicapped Housing Institute High School Education Packet - Fischer Mark Hammerre, "American Problems" Instructor, senior classes, Hill/Murray _High School, is interested in this packet. Course taught three times a year. November 2 next class. Peter will make presentations at the four class sessions. Will formalize a presentation and give the Commission a dry run at our next business meeting. Judy Fletcher, ex HRC, is on District 622 staff and said there is a chance to use the packet at North and/or Tartan. She will research. Familial Housing Alert Letter - Haynes Presented first draft of letter which we hope to send to realtors and managers of rental units in the City. Discussed; amended . Next version at October meeting. Julie Quarve Peterson - re: MHRC Handicapped Accessibility Survey The Commission wished to check into the merits of "employing" a professional entity or agency to do the survey. Attaching blurb on NHHI. NHHI has been in existence six or seven years. Original goal was accessible housing units for the handicapped. Have built 500 barrier free housing units - in the metro and suburban areas of the Twin Cities. Precendent setting organization that has become a resource to state agencies,legislators, others. Have become 504 consultants. 504 is the Civil Rights Act covering handicapped individuals. All encompassing for federal programs. Anyone employing more than 15 people, must meet requirements. Office of Civil Rights in Chicago, under Catherine Congdon, is their regional office. Complaints can be filed there. Funding: Various avenues -- examples Community Development Block Grant Funds. Example of City use -- Brooklyn Center ($8,000 -- survey came in at $6,000). Home Improvement Program funds. For the City of Duluth (cost about $15,000), support letters from various organizations were requested which were used or presented to the On- dean Foundation. The Foundation will "match" funds from other sources. In this case City funded. Corporations will make funding donations also. NHHI cost: Priced at $25/hour; includes everything. Example, work up estimates,secretarial work, completed report, special presentation for City Council; help with funding requests/letters; furnishing of approbation letters from other communities, if we need them; etc. Page 2 - 9/21/82 MHRC Business Meeting Benefits -- among them; . A "working" manual for the City. . Recommendations and objectives with priorities. . Realistic appraisal. Expense is not the criteria. . Generalization as to what should be done first. . Would be a protection to the City if there is a 504 question or inquiry. Show proper intent. What will be surveyed? A. All City owned and leased facilities. How do we go about making an assessment of other buildings? A. One way would be to form a Handicapped User Task Force; another would be to mail out a self evaluation form (have had poor response (25%) to them) . In one City which awarded a contract to do a 504, published a directory which lists all accessible buildings. Holds training seminars for the surveyors. Can use civic or social organizations. Follow up lettersare sent to every place that is visited. Use word process- ing equipment to duplicate. Law, medical and dental offices get a high priority -- any place handicapped would need to go. Use general announce- ments on cable, press or placards. Not too much leadtime required, to Julie. She can provide us with funding proposals that we can clone for our use. Would need a listing of sites/map. She can then draw up a contract with an estimate of time and price; minimum and maximum. They have prepared survey forms. Would talk with City Planner. City Manager would have to approve and send out alert notices. To begin with would meet with Department heads. Intermediatemeeting would be held before writing up a written report. Final review would again be submitted to department head and if there is an question would still be able to input. City Council presentation would be finalmission. Would come back to Commission before then. Would use handicapped residents of community as resource of what may be needed. Interesting presentation. We will think thingsover privately and then come prepared to discuss at next business meeting. 81 Annual Report. Discussed, amended, go-ahead given to Bryant. Will add finishing touches and then take toCity Hall for typing and distribution. Bryant Senior Housing Update. No go on special plan to provide adequate housing for seniors which would encourage them to move out of privatehomes. Developers plan was good;however, neighborhood up in arms. Were hoping for a facility for more "confined" seniors. Will have to settle for a facility for more mobile seniors, at a different site. No Fault Case updates. Three down, one to go. Williamson was given formal go ahead to discontinue activity with Grievant in Case #1. Grievant is back to work and there is no purpose served to stretching matters further. Pat will notify in writing. Scott requested agenda time at next businessmeeting for proposed changes to HR act. Accepted. Next meeting October 5,1982. Personal apologies for the poor quality of the minutes. Typing at home on an old typewriter. Since we will be out of town Maria Larsen, Chair all next week, it was the best alternative. June 10 , 1982 HUGE & OFTEN UNTAPPED RESOURCES EXIST IN YOUR CITY IN THE FORM OF HANDICAPPED CITIZENS, WHO MAY NOT BE ABLE TO PARTICIPATE IN GOVERNMENT, UTILIZE SERVICES OR GIVE YOU THEIR MANPOWER BECAUSE OF ARCHITECTURAL BARRIERS IN CITY FACTT,TTIES . Dear Sir : Section 504 of the Rehabilitation Act of 1973 is the Civil Rights Act for handicapped persons providing equal access and opportunity in programs and employment receiving Federal funds. The effective date for the Regulation' s transition plan (for making program and structural changes) was June 3 , 1977 . The effective date to complete structural modification was June 2 , 1980 . These dates have , of course , passed and many cities have not fulfilled the various requirements of the Act. Because of the complex terminology used in the regulations and the number of interpretations possible , it is strongly recom- mended that recipients consult with experts when endeavoring to meet these obligations. Far too often costly and unnecessary modifications are thought necessary and , because of limited funds , no modifications are made. An example would be construction of an elevator to comply with access requirements when simply relocating offices to an accessible site would meet the requirements of this regulation. 1 - The National Handicap Housing Institute is a private non-profit organization which has developed considerable expertise in the field of barrier-free design, accessibility modifications research and development over the course of the past seven years. NHHI continually researches products and design to cost-effectively meet the needs of handicapped individuals. NHHI has been providing design and program services to government and private industry for several years to assist in dealing with solutions to the 504 requirements . Former and current clients of NHHI include : City of Brooklyn Center City of Fridley City of Preston, Minnesota Dade County , Florida Hennepin County New Frontier Development Corporation U. S. Department of Defense Hamel , Green & Abrahamson, Inc. Seward Square Apartment Associates Lewis Park Apartment Associates 2100 Bloomington Corporation Among Others NHHI is willing to assist you in answering your questions related to 504 and in the provision of services such as surveying, evaluating employment practices, job restructuring and complete evaluations of program and structural modifications. Please call if we can assist you in any way. • Julee Quarve-Peterson Accessibility Specialist - 2 - IX. SUBPART G-COMPLIANCE PROCEDURES [§84.61] The HEW regulations establish clearcut procedures and deadlines for compliance with Section 504. To assure meaningful and prompt compliance by recipients. HEW has mandated that disabled persons and consumer organizations be included in the implementation process. • A. ASSURANCES [§84.5] Initially, each recipient or prospective recipient of federal financial assistance must for- mally 'assure" HEW that its program or activity will be operated in compliance with the Section 504 regulations. [§84.5] The assurance was required to have been given on or before July 5, 1977. To date, approximately 10 percent of HEW recipients have not filed assurances. B. DESIGNATION OF COORDINATOR [§84.7] A recipient that employs 15 or more persons is required to designate at least one person to coordinate its efforts to comply with HEW's Section 504 regulations. [§84.7(a)] C. GRIEVANCE PROCEDURE [§84.7] All recipients that employ 15 or more persons must adopt grievance procedures that incorporate "appropriate due process standards.' and that provide for the prompt and equitable resolution of complaints alleging any action prohibited by the HEW Section 504 regulations. Such procedures are not required. however.;with respect to complaints from applicants for employment. or applicants for admission to a college, university or vocational training school. [§84.7(b)] The regulation does not require that people first use and go through the various steps of a recipient's grievance procedure before complaining to the Office for Civil Rights. In most cases it will be best to do so. however, as it may result in a faster and more amicable solution to the problem. Even if this does not happen, use of the recipients grievance procedure will be a good dress rehearsal for later proceedings before the Office for Civil Rights or a court. D. NOTICE REQUIREMENTS [§84.8] No later than September 1 , 1977, each recipient that employed 15 or more persons was to have issued an "initial" notice to "participants, beneficiaries. applicants. and employ- ees, including those with impaired vision or hearing, and unions or professional orga- nizations holding collective bargaining or professional agreements with the recipient, stating that the recipient does not discriminate on the basis of handicap.' The notice also was required to identify the person who is the coordinator of the recipi- ent's Section 504 compliance efforts. Following the "initial" notice, each recipient is requ;red to take "continuous steps" to notify interested persons, as designated, of its non-discrimination policy. It should not be assumed that all recipients have issued notices, adopted a grievance procedure or designated a 504 coordinator. IA-27 Recipients that employ fewer than 15 persons, or any class of such recipients, may be required by the Director of the Office for Civil Rights to: (1) designate a coordinator, (2) establish a grievance procedure, or (3) comply with the notice requirements. These conditions can be imposed if the Director of OCR finds that there has been a violation of the Section 504 regulations. or that the recipient's ability to provide benefits or services is not significantly impaired by meeting the conditions. E. TRANSITION PLAN* [§84.22(e)1 - If structural changes were determined to be necessary in order to make the recipient's program accessible, the recipient was required to have developed a transition plan by December 3, 1977. setting forth the steps necessary to complete such changes. The plan was to have been developed "with the assistance of interested persons. including handicapped persons or organizations representing handicapped persons.- [§84.22(e)] The recipient is required to make a copy of the transition plan available for public inspection. It must include at a minimum: 1 . Identification of physical obstacles in the recipient's facilities that limit the acces- sibility of its program or activity to disabled persons. [§84.22(e)(1)] 2. A detailed description of the methods that will be used to make the facilities available. [§84.22(e)(2)] 3. Specification of the schedule for taking the steps necessary to achieve full program accessibility. If this is going to take more than one year, the plan must spell out the steps that will be taken during each year of the transition period. (§84.22(e)(3)] 4. Identification of the person responsible for implementation of the transition plan. [§84.22(e)(4)] 5. Notification is also required under the Transition Plan as well as under provision §84.8. In its Analysis of the Regulation. HEW emphasized that the three-year time period within which structural changes must be completed is not a waiting period and that all changes must be accomplished as expeditiously as possible. HEW noted that outside ramps to buildings can be constructed at relatively low cost. For this reason. HEW will expect such structural changes to have been made promptly. [42 F.R. 22690] Other necessary structural changes may require that recipients expend considerable sums of money. In the present era of the "taxpayer revolt" most public recipients are finding that it is necessary to reduce their budgets even for "regular" expenditures. Therefore, it may be expected that many recipients will prefer simply to pay lip service to the need for the structural changes as well as the provision of aids and auxiliary services mandated by Section 504. Although the regulations contain no allowances for delays or waivers. it may be discovered that the regulatory deadlines have long since passed without some .recipients taking significant action to comply with the law. It is therefore of critical importance that consumers fully acquaint themselves with their ex- tensive rights under the 504 reaulations and then act to translate those rights into the reality of tull equality of treatment in relation to non-disabled persons. 'It should be assumed that many recipients have nor completed transition or self-evaluation plans. IA-28 F. SELF-EVALUATION [§84.6(c)] Under the Section 504 regulations. each recipient of federal financial assistance was required to have completed, by June 3, 1978. a self-evaluation study in accordance with the following guidelines: 1. With the assistance of interested persons, including disabled persons or organiza- tions representing disabled persons, evaluate its current policies and practices. and their effects. that do not or may not comply with the Section 504 regulations. [§84.6(c)(i)] 2. After consultation with interested persons. including disabled persons, or orga- nizations representing disabled persons, modify any policies and practices that violate Section 504 or the regulations. [§84.6(c)(ii)] 3. After consultations with interested persons, including disabled persons, or their organizations, take appropriate remedial steps to eliminate the effects of past discriminations. [§84.6(c)(iii)] Working under HEW contracts, interested organizations have prepared detailed 'guides for use by the various categories of recipients in the Section 504 self-evaluation process. These have been reviewed and approved by the Office for Civil Rights. Those who are participating in the self-evaluation process. i.e.. "interested persons. including handi- capped persons and organizations of handicapped persons." should contact OCR and obtain copies of the appropriate guide. (See Bibliography). Of course, it is not necessary for a recipient to limit itself to the action prescribed by the regulation. It may, on a voluntary basis, take additional steps to overcome the effects of conditions that have resulted in limited participation in the recipient's program or activity by disabled persons. [§84.6(b)1 IA-29 _ /AI c=> oNo�yac � e=c =c � cc n-a . lc >,c�r; i. �/ OCCCw6, v,_ 7'v, ctO.E' coOO� = cz - ri; _ Ca - in S.r... ,�.�1 -•gr ass=c-•vU 7 E�a�U�_ a� `�_ ° E n: c?