HomeMy WebLinkAboutRes2020-096 CITY OF SEWARD,ALASKA Sponsored by: Regis
RESOLUTION 2020-096
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, PROHIBITING CITY OF SEWARD EMPLOYEES FROM
BRINGING PETS TO WORK OR FROM HAVING PETS IN ANY CITY-
CONTROLLED BUILDING OR PREMISES, WITH THE EXCEPTION
OF SERVICE ANIMALS FOR PERSONS WITH DISABILITIES
WHEREAS,Administration would like to limit pets in the workplace, with the exception
of service animals for persons with disabilities, in order to promote safety and mitigate liability
the City; and
WHEREAS,City employees who request to bring a service animal to the workplace will
need to show their service animal meets the requirements listed under the Americans with
Disabilities Act regulations and in the City memorandum attached; and
WHEREAS, employees requesting accommodation for a disability that includes a
service animal must contact the City Personnel Office and complete a Documentation of
Disability form; and
WHEREAS,all service animals must be registered with the City Personnel Office; and
WHEREAS, the service animal must have reasonable behavior, and owners with any
disruptive or aggressive animal may be asked to remove them from the building and or told not
to bring the service animal into any City facility until the behavior is mitigated; and
WHEREAS, City staff cannot ask about the following items: the person's disability,
medical documentation, animal documentation, or for the service animal to demonstrate their
ability to perform their work or task.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD,ALASKA that:
Section 1. The City Council hereby approves the policy attached which prohibits all City
of Seward employees from having pets in City-controlled buildings or premises, with the
exception of service animals for persons with disabilities who have properly registered with the
City Personnel Office and adhere to the policy.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this
14th day of December, 2020.
CITY OF SEWARD, ALASKA ,
RESOLUTION 2020-096
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risty Terry, i ayor
AYES: McClure, Casagranda, DeMoss, Seese, Osenga, Baclaan, . -
. NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
rends J. Ballo MMC
City Clerk
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AGENDA STATEMENT
Meeting Date: December 14, 2020
To: City Council
Through: Norm Regis, Acting City Manager
Agenda Item: A resolution to prohibit City employees bringing pets to work or having a
pet in any City of Seward controlled buildings and premises, with the
exception of service animals for persons with disabilities
BACKGROUND & JUSTIFICATION:
As encouraged by the Alaska Municipal League, City administration would like to limit pets in
the workplace with exception for service animals in order to promote safety and premises for
liability.
City employees who request to bring a service animal to the workplace need to show their
service animal meets the requirements listed under the Americans with Disabilities Act
regulations and in the City memorandum.
Employees requesting accommodation for a disability that includes a service animal must contact
the City Personnel Office and complete a Documentation of Disability form and register their
service animal.
The service animal must have reasonable behavior, and owners with any disruptive or aggressive
animal may be asked to remove them from the building and or told not to bring the service
animal into any City facility until the behavior is mitigated.
Staff cannot ask about the following items: the person's disability, medical documentation,
animal documentation, or for the service animal to demonstrate their ability to perform their
work or task.
INTENT:
Authorize the Acting City Manager to prohibit pets in the City facilities with exception for
service animals.
CONSISTENCY CHECKLIST: Yes No NIA
Comprehensive Plan
Strategic Plan
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Other(list):
FISCAL NOTE:
There is no fiscal impact associated with this resolution, but will reduce the risk of possible
future insurance claims.
Approved by Finance Department: 1
JrAc�-
ATTORNEY REVIEW: Yes..No Not Applicable _
RECOMMENDATION:
Approve Resolution 2020 , to authorize the Acting City Manager to prohibit City
employees from bringing pets to work or having a pet in any City of Seward controlled building
and premises, with the exception of service animals for persons with disabilities.
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MEMORANDUM 160
DATE: NOVEMBER 9, 2020
TO: ALL EMPLOYEES
FROM: CITY MANAGER
SUBJECT: PETS IN THE WORKPLACE
The City of Seward prohibits bringing a pet to work or having a pet in any City of Seward
controlled buildings and premises, with the exception of service animals for a person with
disabilities.
Service Animals:
According to the Americans with Disabilities Act (ADA), a service animal is defined as "any
animal individually trained to work or perform tasks for the benefit of an individual with a
disability". Examples of such tasks include, but are not limited to, guiding individuals with
impaired vision, alerting individuals to an impending seizure or protecting individuals during
one, alerting individuals who are hearing impaired to intruders, pulling a wheelchair and
fetching dropped items, reminding a person with a mental illness to take prescribed medications
and calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack.
Miniature horses that have been individually trained to do work or perform tasks for persons
with disabilities may also qualify as service animals if they are housebroken, under the owner's
control and can be accommodated in the workplace without compromising safety requirements.
Under Americans with Disabilities Act(ADA) regulations that became effective on March 15,
2011, there are no protections for emotional support animals in terms of access to public
accommodations and public entities. The Department of Justice has stated that emotional
support animals are not protected as service animals under these regulations. In other words,
an emotional support animal is not required to be allowed in a business with a no-pet policy and
will not be allowed in any City of Seward workplace.
A person with a disability uses a service animal as an auxiliary aid. In compliance with the ADA,
service animals are welcome in all buildings on company property and may attend any class,
meeting or other event. There may be an exception to certain areas.
Employees requesting accommodation for a disability that includes a service animal must
contact the human resource (HR) department and complete a Documentation of Disability form.
All service animals must be registered with the HR department.
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Requirements of service animals and their owners include:
• All animals need to be immunized against rabies and other diseases common to
that type of animal. All vaccinations must be current.
• Animal must wear a rabies vaccination tag.
• All dogs must be licensed per state law.
• Service animal must wear an owner identification tag (which includes the name
and phone number of the owner) at all times.
• Animal must be in good health.
• Animal must be on a leash, harness or other type of restraint at all times, unless
the owner/partner is unable to retain an animal on leash due to a disability.
• The owner must be in full control of the animal at all times.The care and
supervision of the animal is solely the responsibility of the owner/partner.
• The owner/partner must provide the HR department staff with information as
to how the animal accommodates for the individual's disability. Please contact
HR for documentation required.
Reasonable behavior is expected from service animals while on company property. The owners
of disruptive and aggressive service animals may be asked to remove them from City of Seward
facilities. If the improper behavior happens repeatedly, the owner may be told not to bring the
service animal into any facility until the owner takes significant steps to mitigate the behavior.
Cleanliness of the service animal is mandatory. Consideration of others must be taken into
account when providing maintenance and hygiene of service animals. The owner/partner is
expected to clean and dispose of all animal waste.
When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff
may ask two questions: (1) is the animal a service animal required because of a disability, and (2)
what work or task has the animal been trained to perform. Staff cannot ask about the person's
disability, require medical documentation, require a special identification card or training
documentation for the animal, or ask that the animal demonstrate its ability to perform the
work or task.
Exceptions to this policy is any law enforcement personnel who transports animals in their
vehicles to the animal shelter.Any law enforcement personnel who has a working animal and
will need to enter any city facility is also exempt from this policy.
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