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CR 91-145 Resolution Amending Affirmative Action Program\ t y O ti 5 July 8, 1991 RESOLUTION AMENDING THE CITY OF HOPKINS AFFIRMATIVE ACTION PROGRAM Proposed Action. Report #91 -145 Staff recommends adoption of the following motion: Move that the Hopkins City - Council adopt Resolution #91 -100 amending the City's Affirmative Action Program. Adoption of this motion will amend the Affirmative Action Program to bring it into conformance with Department of Housing and Urban Development regulations. overview. The Department of Housing and Urban Development (HUD) recently conducted a monitoring review of the Hopkins HRA performance in the implementation of Fair Housing and Equal Opportunity requirements. HUD suggested that the City amend the language in the City's Affirmative Action Program concerning physicals for job applicants with disabilities. HUD wanted to language to read that the physicals would only be required of individuals who are offered positions with the City. Since the City only requires physicals of individuals who are offered positions with the City, staff has no objection to making this change. Primary Issues to Consider. • Is this a substantive change to the City's Affirmative Action Program? No. . • Will this require any change in the City's hiring procedures? No. Supporting Information. • Resolution #91 -100 • Amended language in the Affirmative Action Program. • Memorandum from Jim Kerrigan • Letter from Jim Kerrigan to Thomas Feeney, HUD v a k es A. Genel ie, City Cler CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 91-100 WHEREAS, the City of Hopkins does not discriminate against persons with disabilities, and WHEREAS, the City of Hopkins only requires physicals of job applicants who are offered positions with the City, and WHEREAS, these physicals are only designed to ensure that an individual meets the minimum requirements for a position with the City, NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hopkins hereby approves the following language to be added to the City's Affirmative Action Program: "The City of Hopkins may require a comprehensive medical exam for certain jobs once a job offer has been made. Employment will be contingent upon a successful completion of the medical exam." Adopted by the City Council of the. City of Hopkins this 16th day of July, 1991. By Nelson W. Berg, Mayor ATTEST: James A. Genellie, City Clerk XI.. AFFIRMATIVE ACTION PLAN FOR DISABLED INDIVIDUALS A. Disabled Individuals Affirmative Action Clause The City of Hopkins shall not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The City of Hopkins agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled individuals without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, promotion, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and training. The City of Hopkins agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. The City of Hopkins agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices shall state the City of Hopkins' obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the right of applicants and employees. The City of Hopkins shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Minnesota Statutes, Section 363.073 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled individuals. B. Schedule for Review The minimum physical and mental job qualifications of each position shall be reviewed annually by the Personnel Department to ensure that, to the extent qualification requirements tend to screen out qualified disabled individuals, they are job related and are consistent with business necessity and the safe performance of the job. C. Pre - Employment Medical Exams The City of Hopkins may require a comprehensive medical exam pFior- 10- empl©yment. for certain jobs once a job offer has been made. Employment will be contingent upon a successful completion of the medical exam. The results of such an examination will not be used to screen out qualified disabled individuals. Information obtained in response to such inquiries or examination shall be kept confidential except that (a) supervisors and managers may be informed regarding restrictions on the work or duties of disabled individuals and regarding accommodations, (b) first aid and safety personnel may be informed, where and to the extent appropriate, if the condition might require emergency treatment, and (c) officials, employees, representatives, or agents of the Minnesota Department of Human Rights or local human rights agencies investigating compliance with the act or local human rights ordinances shall be informed if they request such information. CITY OF HOPKINS MEMORANDUM DATE: 6 -3 -91 TO: Jim Genellie FROM: Jim Kerrigan 4A SUBJECT: Revision of City Affirmative Action Plan As I discussed with you recently, HUD has completed a monitoring of the HRA in conjunction with fair housing /equal opportunity compliance. In conjunction with this review, one of their findings is requiring,that the City's Affirmative Action Plan be revised. Specifically, they are concerned that physical examinations are required-of potential employees prior to an individual being selected and offered a job. Attached -is the original monitoring letter from HUD and my follow -up response. As you will note, I have informed them that we would revise the Affirmative Action Plan to meet their - concerns within the next 60 days. I would appreciate it if you would undertake the necessary steps to facilitate this revision. If you have any problems with the time schedule, please let me know. C ,r;A r A" HOPKINS HOUSING AND REDEVELOPMENT AUTHORITY 1010 FIRST STREET SOUTH HOPKINS, MINNESOTA 55343 May 29, 1991 Mr. Thomas Feeney U.S. Dept. of Housing & Urban Development 220 2nd St. S. Minneapolis, MN 55401 -2195 Attn: Jaime Pedraza Dear Mr. Feeney: Your staff recently conducted a monitoring review of the Hopkins HRA performance in the implementation of Fair Housing and Equal Opportunity requirements. The following was served to respond to a letter from your office dated May 17, 1991 which detailed the following monitoring findings. o Affirmative action program required to be revised. o Tenant selection assignment policy required to be revised. o HRA needs to purchase TDD Telecommunication Device for Deaf persons. o Compliance with Section 504 requirements. Finding *1 concerns the fact that the City of Hopkins /HRA Affirmative Action program states that medical exams could be required prior to employment. The policy will be revised per discussion with.your office to read as follows: The City of Hopkins may require comprehensive medical exam for certain jobs once a job offer has been made. Employment will be contingent upon a successful completion of the medical exam. Please have your staff advise me if this language is not acceptable or additional wording should be inserted. This'change will be completed within the next 60 days. A second monitoring finding stated that the Tenant Selection Assignment Policy should be amended to read as follows: "The Housing Authority should not discriminate against any applicant because of race, color, religion, sex of household head, handicappe®, national origin, or family status. This change to the policy will be completed within the next 30 days. Tom Feeney Page 2 May 29, 1991 The third findings stated that the housing authority should purchase a TDD system for telecommunications with deaf persons. The HRA staff will be working with potential vendors on the purchase of such a device. Purchase,and installation should be completed within the next 45 days. In conjunction with this activity, a budget advanced'letter of approval may need to be submitted to your office. The final monitoring finding concerned the authorities compliance with section 504 regulation. The authority recently completed a needs assessment of its public housing project. As part of this study, a section detailed what would be required in order to meet 504 requirements. At the present time, none of the HRA public housing units are handicap accessible. In order to make 100% of the units accessible would be cost prohibitive. To even bring 5% of the units in compliance with 504 requirements will be very expensive. The HRA does not have the capability to undertake many of these improvements,out of its operating budget. Therefore, it is proposed that as part of future CIAP applications, one or both the following will be undertaken. o Undertake improvements based upon the completed needs assessment in order to bring the project in compliance with 504 requirements for 5% of the unit. o Insure that improvements to the project are undertaken as part of a CIAP program which relates to handicap accessibility are completed in accordance with 504 requirements. In conclusion, if you have any questions or comments please contact me at 935 -8474. sin r 'y yours, Jim erri� Director of Planning & Economic Development ///1 ( cc: Steve Mielke 0 Jim Genellie