Municipal Technical Advisory Service, Wednesday, January 20, 2010. Training Instructor: Melissa Asburn, Legal Consultant
This training was an update in a variety of areas, including the Americans with Disabilities Amendments (2008), Family and Medical Leave Act amendments, Open Records and Open Meeting Law updates and reminders. The update also included information on the Code Enforcement and the Tennessee Clean Energy Act of 2009.
American with Disabilities Amendments (ADA)
-The ADA updates concerned recent amendments which significantly broadened the coverage of the ADA to the point that almost anyone can make a claim under the law. Some of the major changes included:
-Puts burden on employer
-Greatly broaden coverage of what a disability is including "regarded as disabled". Disability expanded to "Substantially limiting one or more major life activities", with "major life activities" including almost anything.
-Defined "substantially" as "compared to most people in the population".
Major discussion included how to comply with the law. Included evaluating Job Descriptions to insure that the "mental and physical requirements of the job" are specified and thoroughly discussed.
-Also, include the question "Are you able to document essential functions of the job" on the application. (Thoroughly note on job description.)
Family and Medical Leave Act (FMLA)
-Reviewed changes in the FMLA and military leave requirements. (FMLA does not apply to Lakeland)
Military Leave
This reviewed changes to the USERRA. Basically reviewed reemployment rights of service members. This was a good review, although at this time no personnel are in the military. This did alert us that in the event of an employee in the military we need to review the law carefully to make sure the City complies with the law. The technicalities are numerous, so this is something to review in the event it comes up.
COBRA (health insurance extension): I did not realize that the employer paid 65% of the Cobra payment (with reimbursement by the federal government) until I took this class. In our case, the 65% is reimbursed.
EEO/Title VI updates etc.
-Retaliation claims can be made by employees who have not actually filed a claim, but merely answered questions in some circumstances
-Legally sound tests, highest ranking persons (and meeting other selection criteria) must be selected for promotion regardless of race
OPEN RECORDS
-New Amendments to Open Records Act. Call "Office of Open Records" with any questions. Changes in charges, requests etc. For example, if requester refuses to fill out form, fill it out for them (can't deny if refuses to fill out).
CODE ENFORCEMENT
-Updated on laws on Code Enforcement. Also reviewed the Ordinance by which the City can file a lien for resolving a Code Enforcement problem (overgrown weeds etc.). Ordinance provided the City needs to pass first.
MODEL CODES
This concerns the Model Building Codes (building, plumbing and electrical etc.) and the procedure for adopting them.
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