2019-12-04 P & R Packet - Laserfiche WebLink

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RELEVANT LINKS: To help ensure the city receives this protection from liability it has to be clear to the courts that the city was making a discretionary decision. Weighting of the factors should be done preferably at the city council level, and the city must make clear records to show the decision was discretionary such as council minutes that record the factors that went in to the decision and supporting documentation such as staff memos. For example, a city policy addressing trail inspections and snow removal will help to show the city considered these factors in making decisions like when to remove snow, and how often to inspect the trails. Accordingly, if a city develops and adheres to its trail policies, the city may be in a better position to defend itself based on discretionary immunity. VI. Americans with Disabilities Act A. Overview 28 C.F.R. § 37. Title II of the Americans with Disabilities Act of 1990 (ADA) prohibits discrimination by public entities in services, programs and activities on the For more information, see the basis of disability. Cities must make reasonable modifications if requested. Americans with Disabilities Act Title 11 Technical The goal is for cities to operate their programs so that when they are viewed Assistance Manual. in their entirety, they are readily accessible to and useable by individuals with disabilities. The ADA protections apply to an individual with a disability who meets the essential eligibility requirements for the service, program or activity, with or without reasonable modification to: • Rules. • Policies. • Practices. • Architectural barriers. • Communication. • Transportation. • Auxiliary aids and services. B. Compliance Cities should make every reasonable effort to accommodate an individual with a disability. This may include modifying existing rules, policies, practices, and physical barriers. Eliminating unnecessary eligibility standards or rules, like having a driver's license to register for a program, may also need to be considered. This will allow for individuals with disabilities to have an equal opportunity to enjoy city services. League of Minnesota Cities Information Memo: 10/14/2019 Parks and Recreation Loss Control Guide Page 25