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Home My Public Portal About21-9919 Approving/Denying an Ada Reasonable Accommodation Request from John PateSponsored By: City Attorney RESOLUTION NO. 21-9919 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPROVING/DENYING AN ADA REASONABLE ACCOMMODATION REQUEST FROM JOHN PATE, CITY MANAGER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the U.S. Equal Employment Opportunity Commission (EEOC) enforces Title I of the Americans with Disabilities Act (ADA). The ADA prohibits discrimination on the basis of disability in employment and requires that covered employers (employers with 15 or more employees) provide reasonable accommodations to applicants and employees with disabilities that require such accommodations due to their disabilities; and WHEREAS, a reasonable accommodation is, generally, "any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities." That can include making modifications to existing leave policies and providing leave when needed for a disability, even where an employer does not offer leave to other employees. As with any other accommodation, the goal of providing leave as an accommodation is to afford employees with disabilities equal employment opportunities; and WHEREAS , John Pate, City Manager for the City of Opa-Locka, has also previously requested FMLA leave, which was approved by the City's HR Director on January 28, 2021 and is considered intermittent leave; and WHEREAS, authorization of FMLA leave allows for John Pate not to work at all while he is on FMLA leave, whereas the ADA would allow him to work from home when he is able to and not take FMLA leave which, is limited to 12 weeks per year; and WHEREAS, On August 3, 2021, Mr. Pate emailed a request the City Commission and others requesting a "reasonable accommodation" related to an upcoming procedure that he planned for August 31, 2021. The procedure been rescheduled for December and Mr. Pate maintains his initial request that he be allowed to work from home for approximately 14 days to recover after an anticipated procedure (see attached Exhibit "A"); and WHEREAS, Additionally, Mr. Pate is represented by an attorney who has requested that as a reasonable accommodation to Mr. Pate's medical condition he also be permitted to work from home so that he is not always required to use FMLA when he is "unable to work in the office due to flare-up of his conditions"; and Resolution No. 21-9919 WHEREAS, reasonable accommodation does not require an employer to provide paid leave beyond what it provides as part of its paid leave policy. Also, as is the case with all other requests for accommodation, an employer can deny requests for leave when it can show that providing the accommodation would impose an undue hardship on its operations or finances; and WHEREAS, as a general rule, the individual with a disability must inform the employer that an accommodation is needed. When an employee requests leave for a medical condition, the employer must treat the request as one for a reasonable accommodation under the ADA, unless leave can be addressed by an employer's leave program (such as FMLA or a similar state or local law); and WHEREAS, the City Commission finds that it is in the best interest of the City to approve/deny the City Manager's request and ADA reasonable accommodation. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA: SECTION 1. The recitals to the preamble herein are incorporated by reference. SECTION 2. APPROVE/DENY ADA REQUEST The City Commission of the City of Opa-Locka, Florida hereby Approves/Denies ADA reasonable accommodation request for John Pate, City Manager beginning for the specific period of 14 days during the month of December 2021 for which a procedure is now planned to take place. Additionally, the City Commission Approves/Denies ADA reasonable accommodation request for John Pate to generally work from home so that he is not always required to use FMLA when he is unable to work in the office due to flare-up of his conditions. SECTION 3. EFFECTIVE DATE This Resolution shall take effect upon the adoption and is subject to the approval of the Governor or Governor's Designee. 2 Resolution No. 21-9919 PASSED and ADOPTED this 22nd day of September, 2021. Matthew A. Pigatt, Mayor ATTEST: Johnna Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: I 4i.rog Burnadette Norris eeks, P.A. Moved by: Commissioner Davis Seconded by: Commissioner Taylor VOTE: 5-0 Commissioner Bass YES Commissioner Davis YES Commissioner Taylor YES Vice -Mayor Williams YES Mayor Pigatt YES 3 COMPOSITE EXHIBIT A From: John E. Pate [mailto:ipate@Opalockafl.gov] Sent: Tuesday, August 3, 2021 3:52 PM To: Elected Officials<ElectedOfficials@Opalockafl.gov>; Candice Cobb <ccobb@apnwplaw.com>; Burnadette Norris - Weeks <bnorris@apnwplaw.com>; Kierra Ward <kward@Opalockafl.gov>; City Attorney <citvattornev@Opalockafl.eov> Cc: George Ellis Jr. <gellis@Opalockafl.gov>; Shamecca Lawson <slawson@Opalockafl.gov>; Richard Tuschman <rtuschmanPgtemploymentlawyers.com> Subject: Formal Request for Reasonable Accommodation Good Afternoon, I am request an reasonable accommodation related to an upcoming surgery that I am having on August 31, 2021. The accommodation being requested based on the American with Disabilities Act of 1990, as amended is to be allowed to work from home for approximately 14 days to recover and to prevent from having surgical complications and/or contracting COVID-19 due to having pre-existing medical condition the have known to cause severe illness that may cause death. I already have a work from home setup that was paid for by Cares Act funding providing by Miami -Dade County. Thank you, John E. Pate, MS, CM City Manager City of Opa-locka 780 Fisherman Street, 4th Floor Opa-locka, FL 33054 Office Phone - (786) 338-6598 Cell Phone - (786) 829-0739 E -Mail: j pateAopalockafl.gov NWU EMP# 44 NWU SPSC# 361 ILETSB-EI PER21C# M-221 ILETSB-EI ESTLE21 C# E-314 E-MAIL CONFIDENTIALITY NOTICE: This electronic mail message, including any attachments, is for the intended recipient(s) only. 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