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ADMINISTRATIVE DIRECTIVE NO. 97-01 | Print Version

BENJAMIN CAYETANO
GOVERNOR

August 28, 1997

ADMINISTRATIVE DIRECTIVE NO. 97-01

TO: All Department and Agency Heads

SUBJECT: Responsibilities for Americans with Disabilities Act Coordination and Implementation

The State of Hawaii, as both an employer and operator of government programs, services, or benefits, is committed to meeting the needs and civil rights of individuals with disabilities through compliance with the Americans with Disabilities Act, P.L. 101-336. To achieve this reality, I am implementing a multi-pronged approach which calls upon the full participation and commitment of all Departments and agencies as follows:

1. The State of Hawaii shall develop uniform policies concerning the following issued over the Governor's signature, including but not limited to:

a. Nondiscrimination on the basis of disability status,

b. Effective communication access and use of sign language interpreters,

c. Program access for government,

d. Reasonable modification of policies, practices, and procedures.

2. The Commission on Persons with Disabilities shall coordinate, monitor, and establish timeframes for all compliance and outreach activities which are not under litigation for the Executive Branch of State government. Activities shall include:

a. Assisting Departments and agencies in completing or updating their self-evaluation and transition plans.

b. Conducting and/or coordinating ongoing training sessions for managers and other key staff on meeting the requirements of the Americans with Disabilities Act (ADA) in the areas of employment, programs and services, and facilities.

c. Providing technical assistance on facilities design by reviewing all plans and specifications for the construction, reconstruction, and alteration of all State facilities for access to persons with disabilities (consistent with the requirements of Hawaii Revised Statutes §103-50).

d. Providing information, research, and referral in response to requests for technical guidance and assistance to resolve specific problems relating to access to facilities, programs, services and benefits, or employment issues.  Assistance will consist of general advice, guidance, and research, when necessary, but will not consist of legal opinions.  In the area of employment, technical assistance on specific applicant inquiries or grievances will continue to be coordinated and forwarded to the departmental ADA Coordinator and/or the Department of Human Resources Development, as appropriate.

e. Providing voluntary review of current forms, notices, etc., for nondiscriminatory language.

f. Updating Departments and agencies on newly issued guidelines or rules.

g. Updating existing State of Hawaii manuals pertaining to the ADA (e.g., State Reasonable Accommodation Manual).

A staff person of the Commission on Persons with Disabilities shall be designated as the primary contact within the Commission for State government (State "ADA" Coordinator) particularly to undertake activity 2a.


3. Each Department or agency shall designate one or more individuals to be responsible for:

a. Completion of the self-evaluation and transition plan, including updating as needed.

b. Coordination of compliance with the employment provisions of the ADA.

c. Coordination of compliance with the programs and services requirements of the ADA.

Coordination of compliance with the facilities requirements of the ADA (consistent with the requirements of Hawaii Revised Statutes §103-50).

The name(s) of the designated individuals shall be provided to the Commission.

4. Each Department and agency shall complete a self-evaluation and transition plan as required by the ADA. A copy shall be maintained for public inspection in the Office of the Director of each Department. A copy shall also be provided to the Commission. Departments may choose to have multiple self-evaluations and transition plans, depending on the organization of their programs and services (ex: Highways, Airports, harbors within the Department of Transportation).

Attached agencies are responsible for ensuring compliance independently unless negotiated with their respective Departments to be included in their self-evaluation and transition plans.

Each Department and agency will develop, implement, and enforce a grievance procedure to meet the requirements of the ADA. The grievance procedure may be integrated into other Department and agency grievance procedures. This procedure may be used by anyone who wishes to file a compliant alleging discrimination on the basis of disability in employment practices and policies or the provision of services, activities, or programs of the State.

5. All Departments and agencies are responsible for capital improvement projects and shall develop a schedule for project managers and building inspectors to receive training on the design and construction requirements of the ADA.
   
   
6. The Department of Accounting and General Services shall develop guidelines to ensure privately owned buildings and facilities meet the ADA requirements before being leased by a Department. The guidelines shall be disseminated for adoption by other agencies also responsible for initiating leases.
   
   
7. The Department of the Attorney General shall coordinate and handle all legal responses to formal ADA lawsuits to ensure a consistent Statewide response to plaintiffs. A representative of the Attorney General shall inform the Commission of any ongoing ADA-related litigation to ensure consistency with the technical assistance being provided by the Commission. This clarifies that Departments are only required to notify the Department of the Attorney General about formal lawsuits, not other types of ADA disputes, like administrative complaints and grievances.
   
   
8. The Department of Human Resources Development will incorporate ADA disability-related guidelines into their generic Selection Handbook for Department supervisors and hiring authorities.
   
   
9. The Department of Human Resources Development will provide policy and technical guidance in the employer obligations of Title I regarding all human resource matters including, but not limited to, medical suitability determinations, placement of disabled employees, personnel laws and rule interpretations, bargaining unit contract interpretations, and pre- and post-offer hiring and placement activities.
   
   
10. The Department of Human Resources Development shall incorporate a series of training classes on the ADA (instructors from the Commission on Persons with Disabilities) within their semi-annual schedule to state employees and managers.