MRSC Inquiries

General Government

Contents:

Americans with Disabilities Act
Boards and Commissions
Citizen Involvement
City Name
Flag Display
Holidays
Hours of Operation
Special Resolutions and Proclamations

Americans with Disabilities Act

Does the Americans with Disabilities Act (ADA) require local governments to accommodate, by varying from city's zoning code, an improvement (ramp) necessary for a disabled person?
Here's what the Department of Justice has to say about this issue:

Issue: Local Laws, Ordinances, and Regulations

Common Problem:

City governments may fail to consider reasonable modifications in local laws, ordinances, and regulations that would avoid discrimination against individuals with disabilities.

Result:

Laws, ordinances, and regulations that appear to be neutral often adversely impact individuals with disabilities. For example, where a municipal zoning ordinance requires a set-back of 12 feet from the curb in the central business district, installing a ramp to ensure access for people who use wheelchairs may be impermissible without a variance from the city. People with disabilities are therefore unable to gain access to businesses in the city.

Requirement:

City governments are required to make reasonable modifications to policies, practices, or procedures to prevent discrimination on the basis of disability. Reasonable modifications can include modifications to local laws, ordinances, and regulations that adversely impact people with disabilities. For example, it may be a reasonable modification to grant a variance for zoning requirements and setbacks. In addition, city governments may consider granting exceptions to the enforcement of certain laws as a form of reasonable modification. For example, a municipal ordinance banning animals from city health clinics may need to be modified to allow a blind individual who uses a service animal to bring the animal to a mental health counseling session. 28 C.F.R. § 35.130(b)(7).

"The ADA and City Governments: Common Problems," U.S. Department of Justice, Civil Rights Division, Disability Rights Section
Does the ADA require that cities and counties place a notice about ADA accommodation availability in the published notice of upcoming council or board meetings?
Not specifically, but doing this would be consistent with the intent of the following requirement in a regulation (28 C.F.R. §35.163(a)) adopted by the Department of Justice to implement the ADA: A public entity shall ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of accessible services, activities, and facilities. Language such as the following would be appropriate for inclusion in the published notice and on the printed agendas: AMERICANS WITH DISABILITIES ACT (ADA) ACCOMMODATIONS PROVIDED UPON REQUEST.
If the court rooms located on the second floor of the county courthouse are not accessible for persons with disabilities, is it acceptable for the county to require county employees to carry disabled persons to the court room?
Although the county must make sure that its services, programs, or activities are readily accessible to and usable by individuals with disabilities, they are not necessarily required to make each of their existing facilities accessible. However, in this case where the courtrooms are on the second floor and there is no elevator or other means of accessibility to the second floor, the county must relocate the proceedings to an accessible ground floor courtroom or take alternative steps, including moving the proceedings to another building in order to allow persons with a disability to participate in court proceedings. (See ADA Title II Technical Assistance Manual, U.S. Department of Justice, II-5.0000 Program Accessibility; 28 CFR 35.149-35.150.)
There are limitations on accessibility requirements if the public entity can demonstrate that this action would result in a "fundamental alteration in the nature of its program or activity or in undue financial and administrative burdens." However, this determination should be made by the county commissioners and "must be accompanied by a written statement of the reasons for reaching that conclusion." (ADA Title II Technical Assistance Manual, II-5.0000.) The agency must still find some other method of ensuring that individuals with disabilities receive the benefits and services of the program or activity.
On the question of whether accessibility can be achieved by carrying disabled individuals up stairs, the Manual answer is as follows:
ILLUSTRATION 1: The office building housing a public welfare agency may only be entered by climbing a flight of stairs. If an individual with a mobility impairment seeks information about welfare benefits, the agency can provide the information in an accessible ground floor location or in another accessible building.
Is carrying an individual with a disability considered an acceptable method of achieving program access? Generally, it is not. Carrying persons with mobility impairments to provide program accessibility is permitted in only two cases. First, when program accessibility in existing facilities can be achieved only through structural alterations (that is, physical changes to the facilities), carrying may serve as a temporary expedient until construction is completed. Second, carrying is permitted in manifestly exceptional cases if (a) carriers are formally instructed on the safest and least humiliating means of carrying and (b) the service is provided in a reliable manner. Carrying is contrary to the goal of providing accessible programs, which is to foster independence.
(ADA Title II Technical Assistance Manual, II-5.0000)
We recommend that the county continue to use its current policy of relocating court proceedings to the Commissioners hearing room on the first floor of the courthouse when a disabled person is a participant in a court proceeding. For providing access for the general public to observe court proceedings, they could provide a "carrying service" available on "reasonable notice" which follows the guidelines set out in the illustration. In any case, the county commissioners should establish a formal policy with clear guidelines so that everyone is clear about how court proceedings will be made accessible.
Does the ADA require that cities place a notice about ADA accommodation availability in published notice of upcoming council meetings?
Not specifically, but doing this would be consistent with the following requirement in 28 C.F.R. §35.163(a):
A public entity shall ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of accessible services, activities, and facilities.
Language such as the following would be appropriate for inclusion in the published notice and at the bottom of printed agendas: AMERICANS WITH DISABILITIES ACT (ADA) REASONABLE ACCOMMODATIONS PROVIDED UPON REQUEST.

Boards and Commissions

May a member of a board abstain even if the person has no specific conflict on the issue?
Yes, unless a local rule of procedure prevents the abstention. Generally, a member of a board is not required to vote and may choose to abstain, even if there is not a conflict. Because this causes some problems, some boards have enacted bylaws that require a member to vote unless there is a specific conflict.

Citizen Involvement

Request for information on conducting focus groups.

See the following Web links:
- "Marketing to Your Customers, Learning about Your Customers, Focus Groups," by Carolyn Browne
- "How to Conduct a Focus Group," by Judith Sharken Simon, The Grantsmanship Center Magazine, Fall 1999
- Basics of Conducting Focus Groups, by Carter McNamara, Free Management Library
- Planning Focus Groups - Human Resources Development Canada
- Evaluation Tool Kit - Focus Groups - Human Resources Development Canada
- Focus Groups - National Park Service
- Guide to Conducting Focus Groups (167 KB), Workforce Excellence Network, National Association of Workforce Boards
- "Are You Using the Double Power of Focus Groups?" (65 KB), by Larry D. Lauer, Nonprofit World, September-October, 1996
- Focus Group Moderator's Responsibility, Thomas L. Greenbaum, President, Groups Plus, Wilton, Conn.
- Planning Focus Groups (Focus Group Kit, Vol. 2), by David L. Morgan, Alice U. Scannell (Available on Amazon.com)
We also have The Wilder Nonprofit Field Guide to Conducting Successful Focus Groups, by Judith Sharken Simon, Wilder Foundation, 1999, available for loan from the MRSC library.
Request for sample online citizen survey, suggestion, complaint and feedback program information.
See our "Focus on Feedback (Is Anyone Listening?)" Web page:
Here are some additional Web sites from Washington cities that contain citizen complaint, suggestion, service request and feedback forms:

City Name

May a city council change the official name of the city?
No. A city council can propose a name change, but any change would have to be approved by the voters at an election. (See Chapter 35.62 RCW.)

Flag Display

Can city council authorize flying the U.S. flag at half mast?
Our legal staff is of the opinion that a city council has the authority to decide to fly the U.S. flag at half mast within the city limits when it deems it to be appropriate. We are not aware of federal or state statutes which would prohibit such a practice.
Do county commissioners and city councils have the authority to determine if the US flag will be flown at half-mast over county and city buildings?
Yes, this is not an area that has been preempted by the state or federal governments. There is a state statute, RCW 1.20.015, that provides that the United States flag shall be displayed in schools, court rooms and state buildings. There is no mention in this statute of flying the flag at half-mast. Federal law does contain a flag code, but this code has been interpreted by the courts as being rules of protocol that are an expression of prevailing custom rather than laws requiring compliance. Section 175 of this flag code addresses position and manner of display, and there is a section on flying the flag at half-mast. However, it dos not preempt the county commissioners from ordering the flag flown at half-mast in county buildings even in the absence of an order from the President or the Governor.

Holidays

State Holidays - Does the year 2004 have an extra holiday?

Yes. RCW 1.16.050 provides that, when a legal holiday falls on a Saturday, the preceding Friday is designated as the legal holiday. Since New Year's Day for 2005 falls on a Saturday, the legal holiday is December 31, 2004. So, the year 2004 will have an extra legal holiday and the year 2005 will have one less legal holiday than usual.
See our complete list of State Legal Holidays for 2004.
Request for list of Washington cities and counties that have established Martin Luther King Day as a holiday.
RCW 1.16.050 identifies the state legal holidays (including Martin Luther King Day) and local government legislative authorities may provide by ordinance or resolution which, if any, of the state legal holidays it chooses to observe. They may, if they so choose, follow the state list; however, nothing requires that a city or county to follow the state schedule.

We do not have a survey on this question, so the information we have is not comprehensive. After reviewing our municipal code collection and information in our files, it appears that the following cities and counties have established Martin Luther King Day as a holiday:

Hours of Operation

Who has authority to establish city hall office hours?
The responsibility for setting hours of work is the city council&s and must be established by ordinance. RCW 35.21.175 states: "Offices to be open certain days and hours. All city and town offices shall be kept open for the transaction of business during such days and hours as the municipal legislative authority shall by ordinance prescribe."

Special Resolutions and Proclamations

What cities or counties have adopted resolutions opposing war against Iraq?

We are aware of the following cities that have adopted resolutions relating to possible war against Iraq:
- Tacoma Resolution Opposing a Pre-Emptive U.S. Military Attack on Iraq
- The Cities for Peace Web site lists a number of cities in other states that have adopted resolutions, and other jurisdictions that are in the process of considering action on such resolutions.