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Transmittal - 1/21/2022ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 CITY COUNCIL TRANSMITTAL ______________________________ Lisa Shaffer, Chief Administrative Officer Date Received: 1/11/22 Date Sent to Council: 1/21/2022 TO: Salt Lake City Council DATE: 1/11/2022 Dan Dugan, Chair FROM: Kaletta Lynch, Chief Equity Officer __________________________ SUBJECT: Accessibility and Disability Commission Ordinance STAFF CONTACTS: Ashley Lichtle, ADA Coordinator, Ashley.Lichtle@slcgov.com DOCUMENT TYPE: Ordinance RECOMMENDATION: Draft a n ordinance amending Section 2.07.020, Section 10.02.040, Section 10.02.110 and enacting Chapter 10.07 of the Salt Lake City Code pertaining to the Accessibility and Disability Commission BUDGET IMPACT: None BACKGROUND/DISCUSSION: The Accessibility Advisory Committee was formed to serve as an advisor on how the City can improve and generally enhance accessibility and the experience of the disability community through a practice, systematic, and solution-based approach. The Accessibility Advisory Committee provides a deep and complex understanding of disability and disability resources in the City and statewide, and each member has a commitment to and passion for making Salt Lake City accessible and inclusive to all. Current Accessibility Advisory Committee have been active on the Accessibility Advisory Committee for many years and represent a diverse range of accessibility and disability community perspectives. The Accessibility Advisory Committee has spent years identifying issues of importance to the accessibility and disability community and providing information pertinent to those issues The Accessibility Advisory Committee also advises and assists the City on issues affecting the accessibility and disability community and evaluates City policies and practices and makes Lisa Shaffer (Jan 21, 2022 16:32 MST) ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 recommendations on how to increase access and participation among individuals with disabilities. This proposal is to transition the Accessibility Advisory Committee into the Accessibility and Disability Commission by amending Section 2.07.020, Section 10.02.040, Section 10.02.110 and enacting Chapter 10.07 of the Salt Lake City Code pertaining to the Accessibility and Disability Commission EXHIBITS: •Proposed ordinance amending Section 2.07.020, Section 10.02.040, Section 10.02.110 and enacting Chapter 10.07 of the Salt Lake City Code pertaining to the Accessibility and Disability Commission NOTES: •Kaletta Lynch, Chief Equity Officer, and Ashley Lichtle, ADA Coordinator, plan to attend VIRTUALLY to present this ordinance proposal. •The current Accessibility Advisory Committee has reviewed this proposed ordinance and are in agreement with the terms and proposed changes included. LEGISLATIVE DRAFT SALT LAKE CITY ORDINANCE 1 No. _____ of 2022 2 3 (An ordinance amending Section 2.07.020, Section 10.02.040, Section 10.02.110 and enacting 4 Chapter 10.07 of the Salt Lake City Code pertaining to the Accessibility and Disability Commission) 5 6 An ordinance amending Section 2.07.020, Section 2.07.040, Section 10.02.040, and Section 7 10.02.110 and enacting Chapter 10.07 of the Salt Lake City Code pertaining to the Accessibility and 8 Disability Commission. 9 WHEREAS, the Salt Lake City Council (the “Council”) desires to create an Accessibility and 10 Disability Commission for the purposes identified herein; and 11 WHEREAS, the Salt Lake City Council finds that adopting this ordinance promotes the 12 health, safety, and public welfare of the citizens of the City. 13 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 14 SECTION 1. Amending the Text of Salt Lake City Code Section 2.07.020. That Section 15 2.07.020 of the Salt Lake City Code (City Board and Commissions Named) shall be and hereby is 16 amended to add Accessibility and Disability Commission to the list of City boards and commissions 17 as follows: 18 2.07.020: CITY BOARDS AND COMMISSIONS NAMED: 19 Accessibility and disability commission 20 Airport board 21 Board of appeals and examiners 22 Business advisory board 23 Citizens' compensation advisory committee 24 City and county building conservancy and use committee 25 Community development and capital improvement programs advisory board 26 LEGISLATIVE DRAFT Fire code board of appeals 27 Golf enterprise fund advisory board 28 Historic landmark commission 29 Housing advisory and appeals board 30 Housing trust fund advisory board 31 Human rights commission 32 Library board 33 Parks, natural lands, trails, and urban forestry advisory board 34 Planning commission 35 Public utilities advisory committee 36 Racial equity in policing commission 37 Salt Lake art design board 38 Salt Lake City arts council board 39 Salt Lake City sister cities board 40 Transportation advisory board 41 42 SECTION 2. Amending the Text of Salt Lake City Code Section 2.07.040. That Section 43 2.07.040 of the Salt Lake City Code (Appointment; Advice and Consent:) shall be and hereby is 44 amended as follows: 45 2.07.040: APPOINTMENT; ADVICE AND CONSENT: 46 A. Appointments of city board members shall be made by the mayor with the advice and consent of 47 the city council unless otherwise provided by this code or other law regarding a particular city board. 48 B. City boards should represent a cross section of the city. To ensure that a cross section is 49 represented, the city council should apply the following criteria in considering appointments to 50 city boards: 51 1. Individuals should serve on only one board at a time, thus allowing more people to serve 52 on boards. 53 2. City boards should have representatives from all geographic areas of the city. 54 3. Individuals who have not been involved in city government should be encouraged to 55 participate through appointment to city boards. 56 4. Equal opportunity principles should be recognized in appointments. 57 5. Appointees should be city residents unless an exception in this code or other law 58 applicable to a particular city board provides otherwise. 59 C. Employees of Salt Lake City Corporation, whether merit or appointed, shall not be eligible 60 for membership on a city board unless an exception in this code or other law applicable to a 61 particular board allows such appointments. Such exceptions include the: 62 1. Housing authority board, as provided in section 35A-8-404, Utah code; and 63 2. Utah performing arts center board, as provided in section 2.96.020 of this title. 64 LEGISLATIVE DRAFT D. Spouses and family members of city employees may be considered for appointment to a 65 city board when the board is not advisory to the employee's department or job responsibilities. 66 67 SECTION 3. Amending the Text of Salt Lake City Code Section 10.02.040. That Section 68 10.02.040 of the Salt Lake City Code (Creation and Organization) shall be and hereby is amended 69 and reads as follows: 70 10.02.040: CREATION AND ORGANIZATION: 71 A. There is created the human rights commission which shall be composed of nine (9) 72 members. 73 B. Seven (7) representatives shall be appointed with one representative from each of the seven 74 (7) council districts; and two (2) representatives shall be appointed from the community who 75 represent the diversity of the city. 76 C. Notwithstanding Section 2.07.040.B.1, at least one (1), but no more than two (2), of the 77 members of the human rights commission shall also serve on the racial equity in policing 78 commission and one other member of the human rights commission shall also serve on the 79 accessibility and disability commission. Membership eligibility requirements for the racial equity 80 in policing commission and the accessibility and disability commission are is independent of the 81 eligibility requirements for the human rights commission. 82 83 SECTION 4. Amending the Text of Salt Lake City Code Section 10.02.110. That Section 84 10.02.110 shall be and is hereby amended and reads as follows: 85 10.02.110: POWERS AND DUTIES: 86 A. The commission shall make recommendations to the mayor and the council regarding the 87 commission's: 88 1. Ongoing review of ordinances or policies; 89 2. Use of educational resources on issues of discrimination and equal treatment; 90 3. Review of complaints of discrimination involving city departments or city services for 91 the purpose of identifying the possible systemic or institutional sources of such instances of 92 discrimination; 93 4. Review of legislation, policies, or other action by the city designed to further the 94 elimination of prejudice and discrimination; 95 5. Review of any pending legislation, policy changes, or other city action that may impact 96 human rights and relations; 97 6. Research conducted or factual data obtained, within budgetary constraints, on the status 98 and treatment of diverse populations and the best ways to improve human relations, to eliminate 99 discrimination and to secure full and equal participation; 100 7. Investigation of opportunities to collaborate with other groups to foster nondiscrimination 101 education; 102 LEGISLATIVE DRAFT 8. Work in partnership to foster positive intergroup relations by instituting and conducting 103 educational programs; 104 9. Actions as a resource at the request of community councils; and 105 B. In addition to the powers and duties set forth in Subsection 10.02.110.A, the commission 106 may review recommendations brought by the racial equity in policing commission and the 107 accessibility and disability commission and issue a position of opposition or support of those 108 recommendation. 109 C. The commission shall report to the council and the mayor no less than once each year on its 110 activities, recommendations, and findings concerning matters on human rights and 111 nondiscrimination policies. The report shall be in writing and made accessible to the public. 112 D. Beginning September 30, 2010, the commission shall prepare an annual report for the mayor 113 and city council assessing the effectiveness of the city's actions in implementing chapters 10.04 114 and 10.05 of this title. 115 116 SECTION 5. Enacting the Text of Salt Lake City Code Chapter 10.07. That Chapter 10.07 of 117 the Salt Lake City Code shall be and is hereby enacted to read as follows: 118 CHAPTER 10.07 119 ACCESSIBILITY AND DISABILITY COMMISSION 120 SECTION: 121 10.07.010: General Provisions 122 10.07.020: Purpose & Goals 123 10.07.030: Definitions 124 10.07.040: Creation and Organization 125 10.07.050: Term 126 10.07.060: Vacancy 127 10.07.070: Eligibility for Membership 128 10.07.080: Compensation 129 10.07.090: Meetings 130 10.07.100: Powers and Duties 131 132 10.07.010: GENERAL PROVISIONS: 133 The provisions of chapter 2.07 of this title shall apply to the accessibility and disability 134 commission except as otherwise set forth in this chapter. 135 136 10.07.020: PURPOSE & GOALS: 137 The City of Salt Lake is comprised of diverse and varied groups, communities, and individuals, 138 including people at all level of abilities. The accessibility and disability commission shall serve 139 as an advisor to the mayor on how the City can improve and generally enhance accessibility and 140 the experience of the disability community through a practice, systematic, and solution-based 141 approach 142 143 LEGISLATIVE DRAFT 10.07.030: DEFINITIONS: 144 Unless otherwise specified, as used in this chapter: 145 CITY: Salt Lake City, a municipal corporation of the state of Utah. 146 COMMISSION: Salt Lake City accessibility and disability commission created in section 147 10.62.040 of this chapter. 148 COUNCIL: Salt Lake City council. 149 DISABILITY: has the same meaning as is defined by the Americans with Disabilities Act of 150 1990, 42 USC section 12102. 151 MAYOR: The duly elected or appointed and qualified mayor of Salt Lake City. 152 MEMBER: A person appointed by the mayor with the advice and consent of the council who is 153 duly qualified as an acting and voting member of the commission. 154 NATIONAL ORIGIN: The place of birth of an individual or any lineal ancestors. 155 PERSON: An individual. 156 157 10.07.040: CREATION AND ORGANIZATION: 158 A. There is created the accessibility and disability commission which shall be composed of 159 fifteen (15) members. 160 B. The Mayor shall appoint, with advice and consent of the Council, fifteen (15) members 161 who represent a diverse range of accessibility and disability community perspectives. 162 Notwithstanding Section 2.07.040.B.1, one (1) of the fifteen (15) members shall also be a 163 member of the human rights commission. 164 165 10.07.050: TERM: 166 The term of members of the commission shall be as set forth in Section 2.07.050, except that the 167 initial term of five (5) members of the commission first appointed to the commission shall be for 168 two (2) years to establish staggered terms. Each member's term shall expire on the applicable 169 last Monday in December. 170 171 10.07.060: VACANCY: 172 If a vacancy occurs for any reason before the member's term expires, the mayor, in exercising his 173 or her discretion in making appointments, shall take into consideration the existing 174 representation on the commission. 175 176 10.07.070: ELIGIBILITY FOR MEMBERSHIP: 177 Each member of the commission shall either live, work, or own real property in Salt Lake City; 178 own a business in Salt Lake City; or be employed by or otherwise serve as a representative of an 179 organization or government agency serving the accessibility or disability community of Salt 180 Lake City. Notwithstanding section 2.07.040.C, up to one member of the board shall be a city 181 employee. 182 183 10.07.080: COMPENSATION: 184 A member may receive reasonable compensation for their service as a commission member 185 pursuant to applicable Salt Lake City policies. In the event that a commission member serves in 186 LEGISLATIVE DRAFT their capacity as an employee of the State of Utah or any other governmental entity that 187 commission member shall be ineligible to receive compensation. 188 189 10.07.090: MEETINGS: 190 The commission is expected to meet monthly but shall meet no less than once quarterly. The 191 annual meeting schedule shall be set at the first regular meeting in January of each year. 192 193 10.07.100: POWERS AND DUTIES: 194 A. The commission shall: 195 1. Identify issues of importance to the accessibility and disability community and provide 196 information to the Mayor pertinent to those issues 197 2. Advise and assist the Mayor on issues affecting the accessibility and disability 198 community 199 3. Evaluate City policies and practices and make recommendations on how to increase 200 access and participation among individuals with disabilities. 201 B. Before making any recommendations to the Mayor, the Commission shall first share the 202 recommendation with the Human Rights Commission who may review the recommendation and 203 issue a position of support or opposition to the Commission’s recommendation. 204 205 SECTION 6. Effective Date. This Ordinance take effect immediately after it has been 206 published in accordance with Utah Code §10-3-711 and recorded in accordance with Utah Code 207 §10-3-713. 208 Passed by the City Council of Salt Lake City, Utah this _______ day of 209 ______________, 2022. 210 ______________________________ 211 CHAIRPERSON 212 213 ATTEST: 214 215 ______________________________ 216 CITY RECORDER 217 218 219 LEGISLATIVE DRAFT Transmitted to Mayor on _______________________. 220 221 222 Mayor’s Action: _______Approved. _______Vetoed. 223 224 225 ______________________________ 226 MAYOR 227 228 ______________________________ 229 CITY RECORDER 230 231 (SEAL) 232 233 Bill No. ________ of 2022. 234 Published: ______________. 235 Ordinance Creating Accessibility and Disability Commission 236 237 SALT LAKE CITY ORDINANCE No. _____ of 2022 (An ordinance amending Section 2.07.020, Section 10.02.040, Section 10.02.110 and enacting Chapter 10.07 of the Salt Lake City Code pertaining to the Accessibility and Disability Commission) An ordinance amending Section 2.07.020, Section 2.07.040, Section 10.02.040, and Section 10.02.110 and enacting Chapter 10.07 of the Salt Lake City Code pertaining to the Accessibility and Disability Commission. WHEREAS, the Salt Lake City Council (the “Council”) desires to create an Accessibility and Disability Commission for the purposes identified herein; and WHEREAS, the Salt Lake City Council finds that adopting this ordinance promotes the health, safety, and public welfare of the citizens of the City. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Amending the Text of Salt Lake City Code Section 2.07.020. That Section 2.07.020 of the Salt Lake City Code (City Board and Commissions Named) shall be and hereby is amended to add Accessibility and Disability Commission to the list of City boards and commissions as follows: 2.07.020: CITY BOARDS AND COMMISSIONS NAMED: Accessibility and disability commission Airport board Board of appeals and examiners Business advisory board Citizens' compensation advisory committee City and county building conservancy and use committee Community development and capital improvement programs advisory board Fire code board of appeals Golf enterprise fund advisory board Historic landmark commission Housing advisory and appeals board Housing trust fund advisory board Human rights commission Library board Parks, natural lands, trails, and urban forestry advisory board Planning commission Public utilities advisory committee Racial equity in policing commission Salt Lake art design board Salt Lake City arts council board Salt Lake City sister cities board Transportation advisory board SECTION 2. Amending the Text of Salt Lake City Code Section 2.07.040. That Section 2.07.040 of the Salt Lake City Code (Appointment; Advice and Consent:) shall be and hereby is amended as follows: 2.07.040: APPOINTMENT; ADVICE AND CONSENT: A. Appointments of city board members shall be made by the mayor with the advice and consent of the city council unless otherwise provided by this code or other law regarding a particular city board. B. City boards should represent a cross section of the city. To ensure that a cross section is represented, the city council should apply the following criteria in considering appointments to city boards: 1. Individuals should serve on only one board at a time, thus allowing more people to serve on boards. 2. City boards should have representatives from all geographic areas of the city. 3. Individuals who have not been involved in city government should be encouraged to participate through appointment to city boards. 4. Equal opportunity principles should be recognized in appointments. 5. Appointees should be city residents unless an exception in this code or other law applicable to a particular city board provides otherwise. C. Employees of Salt Lake City Corporation, whether merit or appointed, shall not be eligible for membership on a city board unless an exception in this code or other law applicable to a particular board allows such appointments. D. Spouses and family members of city employees may be considered for appointment to a city board when the board is not advisory to the employee's department or job responsibilities. SECTION 3. Amending the Text of Salt Lake City Code Section 10.02.040. That Section 10.02.040 of the Salt Lake City Code (Creation and Organization) shall be and hereby is amended and reads as follows: 10.02.040: CREATION AND ORGANIZATION: A. There is created the human rights commission which shall be composed of nine (9) members. B. Seven (7) representatives shall be appointed with one representative from each of the seven (7) council districts; and two (2) representatives shall be appointed from the community who represent the diversity of the city. C. Notwithstanding Section 2.07.040.B.1, at least one (1), but no more than two (2), of the members of the human rights commission shall also serve on the racial equity in policing commission and one other member of the human rights commission shall also serve on the accessibility and disability commission. Membership eligibility requirements for the racial equity in policing commission and the accessibility and disability commission are independent of the eligibility requirements for the human rights commission. SECTION 4. Amending the Text of Salt Lake City Code Section 10.02.110. That Section 10.02.110 shall be and is hereby amended and reads as follows: 10.02.110: POWERS AND DUTIES: A. The commission shall make recommendations to the mayor and the council regarding the commission's: 1. Ongoing review of ordinances or policies; 2. Use of educational resources on issues of discrimination and equal treatment; 3. Review of complaints of discrimination involving city departments or city services for the purpose of identifying the possible systemic or institutional sources of such instances of discrimination; 4. Review of legislation, policies, or other action by the city designed to further the elimination of prejudice and discrimination; 5. Review of any pending legislation, policy changes, or other city action that may impact human rights and relations; 6. Research conducted or factual data obtained, within budgetary constraints, on the status and treatment of diverse populations and the best ways to improve human relations, to eliminate discrimination and to secure full and equal participation; 7. Investigation of opportunities to collaborate with other groups to foster nondiscrimination education; 8.Work in partnership to foster positive intergroup relations by instituting and conducting educational programs; 9.Actions as a resource at the request of community councils; and B. In addition to the powers and duties set forth in Subsection 10.02.110.A, the commission may review recommendations brought by the racial equity in policing commission and the accessibility and disability commission and issue a position of opposition or support of those recommendation. C. The commission shall report to the council and the mayor no less than once each year on its activities, recommendations, and findings concerning matters on human rights and nondiscrimination policies. The report shall be in writing and made accessible to the public. D.Beginning September 30, 2010, the commission shall prepare an annual report for the mayor and city council assessing the effectiveness of the city's actions in implementing chapters 10.04 and 10.05 of this title. SECTION 5. Enacting the Text of Salt Lake City Code Chapter 10.07. That Chapter 10.07 of the Salt Lake City Code shall be and is hereby enacted to read as follows: CHAPTER 10.07 ACCESSIBILITY AND DISABILITY COMMISSION SECTION: 10.07.010: General Provisions 10.07.020: Purpose & Goals 10.07.030: Definitions 10.07.040: Creation and Organization 10.07.050: Term 10.07.060: Vacancy 10.07.070: Eligibility for Membership 10.07.080: Compensation 10.07.090: Meetings 10.07.100: Powers and Duties 10.07.010: GENERAL PROVISIONS: The provisions of chapter 2.07 of this title shall apply to the accessibility and disability commission except as otherwise set forth in this chapter. 10.07.020: PURPOSE & GOALS: The City of Salt Lake is comprised of diverse and varied groups, communities, and individuals, including people at all level of abilities. The accessibility and disability commission shall serve as an advisor to the mayor on how the City can improve and generally enhance accessibility and the experience of the disability community through a practice, systematic, and solution-based approach 10.07.030: DEFINITIONS: Unless otherwise specified, as used in this chapter: CITY: Salt Lake City, a municipal corporation of the state of Utah. COMMISSION: Salt Lake City accessibility and disability commission created in section 10.62.040 of this chapter. COUNCIL: Salt Lake City council. DISABILITY: has the same meaning as is defined by the Americans with Disabilities Act of 1990, 42 USC section 12102. MAYOR: The duly elected or appointed and qualified mayor of Salt Lake City. MEMBER: A person appointed by the mayor with the advice and consent of the council who is duly qualified as an acting and voting member of the commission. NATIONAL ORIGIN: The place of birth of an individual or any lineal ancestors. PERSON: An individual. 10.07.040: CREATION AND ORGANIZATION: A. There is created the accessibility and disability commission which shall be composed of fifteen (15) members. B. The Mayor shall appoint, with advice and consent of the Council, fifteen (15) members who represent a diverse range of accessibility and disability community perspectives. Notwithstanding Section 2.07.040.B.1, one (1) of the fifteen (15) members shall also be a member of the human rights commission. 10.07.050: TERM: The term of members of the commission shall be as set forth in Section 2.07.050, except that the initial term of five (5) members of the commission first appointed to the commission shall be for two (2) years to establish staggered terms. Each member's term shall expire on the applicable last Monday in December. 10.07.060: VACANCY: If a vacancy occurs for any reason before the member's term expires, the mayor, in exercising his or her discretion in making appointments, shall take into consideration the existing representation on the commission. 10.07.070: ELIGIBILITY FOR MEMBERSHIP: Each member of the commission shall either live, work, or own real property in Salt Lake City; own a business in Salt Lake City; or be employed by or otherwise serve as a representative of an organization or government agency serving the accessibility or disability community of Salt Lake City. Notwithstanding section 2.07.040.C, up to one member of the board shall be a city employee. 10.07.080: COMPENSATION: A member may receive reasonable compensation for their service as a commission member pursuant to applicable Salt Lake City policies. In the event that a commission member serves in their capacity as an employee of the State of Utah or any other governmental entity that commission member shall be ineligible to receive compensation. 10.07.090: MEETINGS: The commission is expected to meet monthly but shall meet no less than once quarterly. The annual meeting schedule shall be set at the first regular meeting in January of each year. 10.07.100: POWERS AND DUTIES: A. The commission shall: 1. Identify issues of importance to the accessibility and disability community and provide information to the Mayor pertinent to those issues 2. Advise and assist the Mayor on issues affecting the accessibility and disability community 3. Evaluate City policies and practices and make recommendations on how to increase access and participation among individuals with disabilities. B. Before making any recommendations to the Mayor, the Commission shall first share the recommendation with the Human Rights Commission who may review the recommendation and issue a position of support or opposition to the Commission’s recommendation. SECTION 6. Effective Date. This Ordinance take effect immediately after it has been published in accordance with Utah Code §10-3-711 and recorded in accordance with Utah Code §10-3-713. Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 2022. ______________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2022. Published: ______________. Ordinance Creating Accessibility and Disability Commission 1/21/2022