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HomeMy WebLinkAboutFCS-15-004 - 2014 Municipal Election Accessibility Measures Staff Report rTC.�r R finance and Corporate Services Department www.kitchener.ca REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: January 19, 2015 SUBMITTED BY: Christine Tarling, Director of Legislated Services/City Clerk, 519- 741-2200, ext. 7809 PREPARED BY: Christine Tarling, Director of Legislated Services/City Clerk, 519- 741-2200, ext. 7809 WARD(S) INVOLVED: All DATE OF REPORT: December 24, 2014 REPORT NO.: FCS-15-004 SUBJECT: 2014 Municipal Election Accessibility Measures RECOMMENDATION: For information. NOTE: Staff is undertaking a comprehensive debrief of the municipal election, the report on which will come to Committee as a discussion item in March, 2015. This report addresses only the legislated requirements with respect to access for persons with disabilities in accordance with the timelines stipulated by the Province of Ontario. BACKGROUND: On December 17, 2009, Bill 212 was proclaimed, amending various sections of the Municipal Elections Act, 1996 (MEA). Among those amendments was the inclusion of Section 12.1 (1), which states that within ninety (90) days after voting day in a regular election, the Clerk shall submit a report to Council about the identification, removal, and prevention of barriers affecting voters and candidates with disabilities. In addition, Bill 212 requires the Clerk to ensure each voting location is accessible to voters with disabilities under Section 45 (2) of the MEA. The following report provides a synopsis of the accessibility measures undertaken for the 2014 Municipal Election along with areas of potential improvement for 2018. The proposed 2014 measures were reviewed with the Grand River Accessibility Advisory Committee (GRAAC) prior to the election and received full support from GRAAC, with no further suggested improvements. REPORT: Voting Locations As in 2010, site inspections were once again performed for the 2014 Municipal Election to ensure voting locations accommodated persons with disabilities. Instead of these inspections being carried out by Legislated Services staff as they were in 2010, Building Division staff IF1 - 1 performed the inspections in 2014 because of their experience with the accessibility requirements under the Accessibility for Ontarians with Disabilities Act (AODA) and their ability to perform the inspections in a timelier manner. Building staff used the inspection evaluation form created in 2010 which documents the specific features of each voting location and which includes photographs and commentary as to where election staff should be located within the facility as well as a detailed floor plan of the location to ensure ease of access and flow for voters. The inspection form also indicates where election staff should post directional signage to ensure maximum visibility for voters. These forms were distributed to election workers for use on Advance Voting days and Election Day. Attached to the inspection evaluation form is an accessibility checklist previously created with input and assistance from the City's Inclusion Coordinator which aids in identifying problematic voting locations and possible solutions. The checklist documents whether a location has designated parking spaces, an accessible drop-off area, barrier free path (no stairs/curbs), automatic door opener, and building entrance and interior doors over eighty-five (85) centimetres wide. If a location had these features, it was deemed acceptable for use as a voting location for the purposes of accessibility for persons with disabilities. Voting locations previously deemed accessible in 2010 were not revisited so site inspections focused on locations which were not accessible or had some issues in 2010, and new locations being considered for 2014. In May of 2014, thirty-two (32) inspections were completed which resulted in the following voting location changes: • Margaret Avenue Public School —The school board advised the parking lot was going to be under construction and could not make any commitment to have the work done by Election Day; thus, the Kitchener Public Library Main Branch (KPL) was used in its place. The added benefit of using KPL was to drive traffic there so voters could see the newly-completed facility. It was anticipated parking might be an issue so Election staff worked with the Parking Enterprise and By-Law Enforcement divisions to identify a nearby parking lot for voters and A-frame signage was deployed to the site to assist voters with finding the parking lot. • St. Aloysius Catholic Elementary School — The Catholic School Board notified staff this school was going to be under construction. Activa Sportsplex was selected as an alternative for voters for this voting subdivision. • Eastwood Collegiate — Was identified as not being accessible, which led to the use of Rockway Golf Course. • Queensmount Public School and Southridge Public School — Inspections confirmed the accessibility concerns identified in 2010 had not been addressed so voters were directed to Queensmount Arena. • St. John's Catholic School — Staff's inspection identified that recent renovations would enable the use of the school as an AODA-compliant voting location. This replaced the University of Waterloo's School of Pharmacy where concerns were expressed in 2010 as to the lack of free parking at that site. • St. Mary's High School — On Election Day, it became apparent the room being used was a further walk than is optimal for those with a disability. The Managing Deputy Returning Officer (MDRO) worked with school staff to move the location inside the school to a IF1 - 2 room closer to the accessible entrance. This has been noted for 2018 should this same location be used. In all cases where a voting location was moved because it did not meet AODA requirements, it was replaced with the next closest AODA-compliant location which also met other criteria for site selection. Various supply issues were identified as a result of the facility inspections and staff's experience in 2010. We provided eight (8) of the seventy-four (74) voting locations with A-frame signs to ensure voters were directed toward the accessible entrance. The Kitchener Public Library used their own. In response to feedback from 2010, we deployed ten (10) directional signs to every location. On Election Day, we supplied an additional forty-five (45) signs to ten (10) locations as per the request of the MDROs at those locations. These have been noted as needing additional signage should they be used in 2018. We assisted voters with disabilities by putting up directional arrow signs to indicate the accessible entrances to the building (e.g., those with automatic doors, ramps, etc.). Inside the locations, door props were used to enhance the accessibility of those facilities needing them. In three (3) voting locations, additional Election Assistants were hired to assist voters with entering the voting location. Tabulators As in 2010, the City used a decentralized tabulating system, placing tabulator units at each voting location. Four advance polling days were held at Stanley Park, Doon Pioneer Park, Forest Heights and Country Hills community centres and City Hall. On those days, a voter could vote at any of the advance polling locations regardless of the ward in which they lived. Implementing this kind of"vote anywhere system" increased the accessibility and opportunity for voters to cast their ballots at a location convenient for them. Accessible tabulators were used at all the advance poll locations which allowed a voter with a disability to independently mark their ballot using an Audio Tactile Interface (ATI) and headphones to listen to an audio ballot. While listening the voter could make his/her selection of candidates and then print the ballot on a printer attached to the tabulator when finished voting. The MDRO then placed the printed ballot in a secrecy folder and inserted it into the tabulator for scanning the same as any other ballot. In addition to the ATI, various assistive voting devices such as a Paddle Button Input, and Sip and Puff Interface devices were also available for use. These devices were connected to the ATI to enable voters with different physical disabilities to navigate the ballot and make their voting selections. By employing these accessible tabulators, voters with a physical disability were afforded the opportunity to independently participate in the 2014 Municipal Election. Assistance for Voters at the Polls Section 52 (1) 4 of the MEA allows voters to have assistance with voting if the voter indicates such. To that end, election workers were trained to administer the "Oral Oath of Incapacity to Vote without Assistance" which enables a voter to have a friend accompany them into the voting compartment to mark the ballot, provided that friend takes the "Oral Oath of Friend of Elector." Alternatively, if a voter did not bring a friend or family member with them, certain election positions at each voting location were trained to assist the voter by marking his/her ballot in the manner directed by the voter. In addition, to assist voters with low vision to vote unassisted on Election Day, each location was supplied with sheet magnifiers in order to read the ballot. Voters were also permitted to bring in their own assistive devices. IF1 - 3 As per Section 41 (3) of the MEA, which allows for changes to the ballots to aid voters with visual impairments, many of the print guidelines for people with low vision were used including increasing the font size for the instructions on the ballot; using a sans-serif typeface; ensuring lots of white space on the ballot; avoiding the use of italics; and printing the ballots on white paper. Recommendations to further enhance the readability of our ballots such as increasing the size of the check boxes have been made to our ballot vendor for 2018. Proxy Voting was also available to any voter who was unable to make it to the polls on any of the Advance Poll days or Election Day as a means to increase accessibility to voting for all citizens. While the MEA only requires Proxy Voting to be available during regular office hours and until 5pm during Advance Voting, Legislated Services staff will examine the ability to increase the number of days the office can be open after-hours to accept Proxy Voting forms. Election Staff Over 450 people were hired to work on October 27, 2014, Election Day. In 2010, the City's Inclusion Coordinator helped to create accessible customer service training which was incorporated into the training for all 2014 election workers as required by the Accessibility for Ontarians with Disabilities Act (AODA). As well, each election worker's manual contained information on how to assist people with disabilities in a respectful and helpful manner. This included tips relating to using people-first language, speaking directly to the person, asking before offering help, as well as reminders not to touch service animals, move wheelchairs or other assistive devices without permission, and to keep obstacles out of the way of all voters. In accordance with Section 45 of the MEA, voting opportunities were once again provided on the premises of institutions with 20 or more beds occupied by persons who are disabled, chronically ill or infirmed as well as retirement homes in which 50 or more beds were occupied. Voting was provided on a reduced hours basis, which allowed for a more effective and efficient use of election staff while affording eligible residents of these facilities the opportunity to vote. Further, election workers at these polls were given instructions on how to attend to the bedside of a voter thereby enabling them to vote. Other Voter Aids In addition to the hardcopy Voters' List, voters were given electronic access to determine if they were on the Voters' List and to add themselves or make changes to the list electronically. Voters were also given the ability to look up where to vote online or to contact Legislated Services staff for assistance via email or telephone. As always, staff was available to attend voters at the counter at City Hall. Candidates In previous years, accessibility focused primarily on voters but the City did provide some online resources for candidates. In 2014, the City expanded the online resources for candidates including providing more electronic maps and previous election results as well as links to various electronic forms, legislation, and access to AMCTO's candidates' guide to accessible elections. Wherever possible and desirable, City staff also communicated via electronic means with candidates so as not to require them to attend at City Hall. IF1 - 4 ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Quality of Life and Community Engagement — Providing a barrier-free municipal election enables all eligible electors to vote and be heard which supports meaningful inclusion in civic life. Further, it supports the corporate-wide implementation of the requirements identified in the AODA and the City of Kitchener Accessibility Plan. FINANCIAL IMPLICATIONS: There were incidental costs associated with facility inspections, additional staffing, signage, and supplies. It should be noted this does not take into consideration the amount of staff time expended to carry out the inspections. The hard cost for the accessible tabulators including software and assistive devices was $21,485. These costs were all provided for within the Election Reserve Fund. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. In addition, a communication strategy was developed and executed for the 2014 Municipal Election ensuring various accessible services and advance voting opportunities for voters with disabilities were actively promoted on the City's Election website as well as through the local media. CONSULT — Feedback received from citizens and candidates from 2010 was taken into consideration regarding voting locations, voting equipment and other measures to increase accessibility. As well, staff regularly consulted with the City's Inclusion Coordinator and other local municipalities leading up to the election in order to ensure the election process was in compliance with the AODA. In particular, the Inclusion Coordinator provided feedback regarding the accessibility of the ballot. COLLABORATE—At the August 28, 2014 GRAAC meeting, Legislated Services staff presented the various accessibility measures being implemented for the election, and received positive feedback from GRAAC. Members of GRAAC were particularly pleased with the use of accessible tabulators at all Advance Voting locations as well as the number and dispersal of those locations around the city and the fact they were all on bus routes. No further suggestions were made to increase the accessibility of the City's election process. CONCLUSION: As with each election, improvements continue to be made with respect to making the City's municipal election more accessible. The process for this and future elections helps to ensure policies, practices, and procedures are consistent with the core principles of independence, dignity, integration, and equality of opportunity. Assuring both voters and candidates with disabilities are able to participate in the election is essential; thus, there is particular focus on providing accessible voting systems and site access requirements. Staff will continue to review, address and improve the process for the 2018 Municipal Election in consultation with other municipalities and in collaboration with those who are subject-matter experts in the area of accessibility. ACKNOWLEDGED BY: Dan Chapman, Deputy CAO IF1 - 5