Accessibility

Q: What are ADA transition plans, and how might they affect my city?

LMC: The Americans with Disabilities Act (ADA), enacted in 1990, is a civil rights law designed to prevent discrimination based on disability. It ensures that individuals with disabilities have equal access to employment, public accommodations, and government services.

If your city hasn’t already done so, you should conduct an ADA self-evaluation, prioritize the findings, and create a transition plan. This self-evaluation is mandatory for all public entities, and cities with over 50 employees must have a transition plan.

An ADA transition plan outlines how the city will address and remove accessibility barriers identified in the self-evaluation. It should include:

• Identification and location of physical barriers.
• Methods for making the facility accessible.
• A schedule for removing barriers and implementing changes.
• The name of the official responsible for overseeing the modifications.
• An estimated cost for the required improvements.

Additionally, any new construction or renovations completed after Jan. 26, 1992, must adhere to the ADA Standards for Accessible Design.

A notable update was made to the ADA in 2024 by the Department of Justice when it introduced new web accessibility standards for state and local government websites. The League of Minnesota Cities is working to pull together information and resources to help cities comply with the updated ADA rules and will share resources as they become available.

If you have questions or would like assistance with your city’s ADA transition plan, please contact your League of Minnesota Cities Insurance Trust loss control field consultant.

Answered by LMCIT Senior Loss Control Consultant Julie Jelen: [email protected].

Employee Benefits

Q: What costs are reimbursable under the Minnesota Public Safety Officer Benefit account and how does a city request reimbursement?

LMC: The Public Safety Officer Benefit (PSOB) account, administered by the Minnesota Department of Public Safety (DPS), received $100 million in 2023 to provide full reimbursement of eligible public employer costs. Cities can apply for reimbursement of employer health insurance continuation costs for duty disabled police officers and firefighters and those killed in the line of duty, as well as salary continuation, benefit continuation, and treatment costs not covered by insurance for police and firefighters receiving psychological condition treatment.

To be eligible for reimbursement from the PSOB, employers must provide police officers and firefighters with either:

• Annual wellness training.
• An employee assistance or peer-support program.

DPS rolled out the PSOB online tool in 2024, which replaced the former reimbursement form. Employers must submit reimbursement requests for the previous fiscal year (July 1 to June 30) by Aug. 1 annually. The online tool allows employers to submit requests and receive reimbursement on a rolling basis throughout the year. DPS recommends larger agencies submit applications monthly.

To apply for reimbursement, cities must:

• Complete the application in the online tool.
• Acknowledge compliance with Minnesota Statutes, section 299A.465.

Provide certain information such as paystubs, health insurance premiums, treatment invoices and payment proofs, and communications from the Public Employees Retirement Association. Guidelines are available on the DPS PSOB website at bit.ly/PSOBprogram.

Answered by Staff Attorney Tori Kee: [email protected].

Hiring Practices

Q: Our city is exploring using “open until filled” in our job ads and considering phone interviews for initial screening. How will these approaches in our hiring process impact Minnesota Veterans Preference Act requirements?

LMC: Minnesota Statutes, section 197.455 requires that cities award preference points (usually 10 or 15 points) to qualified veterans for most positions open to the public.

As a best practice, when including “open until filled” in a job ad, the city should clearly post an initial review date or specify a deadline for first interview consideration. Including this date lets applicants know the time they have to submit documentation to apply for Veterans Preference.

A phone screen could serve as an initial interview for Veterans Preference. In this case, cities would rank employment applications received by the deadline just like the process followed for any other open, competitive hiring process. This process includes developing training and experience (T&E) ratings before the city reviews completed applications to ensure objective criteria are in place and applied without influence from applications received.

The city will select top candidates for phone interviews based on this ranking. The law also requires veterans meeting minimum qualifications to be provided with their final examination ratings.

Learn about five steps for scoring applications using T&E ratings and get a sample rejection notice in LMC’s Veterans Preference in Hiring information memo at lmc.org/vetpreference-hiring.

Answered by Assistant HR Director Joyce Hottinger: [email protected].