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2011-036 ADA UpdateRESOLUTION 2011 -36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS ADOPTING THE UPDATED GRIEVANCE PROCEDURES & FORMS, ADMINISTRATIVE POLICIES G020; G021; G022; G023 AND THE PUBLIC NOTICE CONSISTANT WITH THE AMERICANS WITH DISABILITIES ACT AND SECTION 504 OF THE REHABILITATION ACT 1973 WHEREAS, the Encinitas City Council adopts the updated Grievance Procedures and Forms, Administrative policies G020, G021, G022, G023 and the Public Notice for the Americans with Disabilities Act/Section 504 of the Rehabilitation Act of 1973 program implementation. WHEREAS, The City Council desires to make provisions for a level of service commensurate with the needs of the disabled community; and WHEREAS, the City Council has reviewed the proposed Grievance Procedures, Grievance Forms, Administrative Policies G020, G021, G022,GO23, and the Public Notice; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Encinitas adopts Resolution 2011 -36 which includes the updated Grievance Procedures & Forms, Administrative Policies G020, G021, G022, G023 and Public Notice reviewed by City Council at the City Council meeting and as summarized by Exhibit "A" "B" and "C" attached hereto. PASSED AND ADOPTED this 20th day of July, 2011 by the following vote to wit: AYES: Barth, Bond, Gaspar, Houlihan, Stocks. NAYS: None. ABSENT: None. ABSTAIN: None. Deputy Mayor ATTEST: Deborah Cervone, City Clerk EXHIBIT A CITY OF ENCINITAS /SAN DIEGUITO WATER DISTRICT Grievance Procedure Americans with Disabilities Act Section 504 Rehabilitation Act of 1973 This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ( "ADA ") /Section 504 Rehabilitation Act 1973 (Section 504). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Encinitas /San Dieguito Water District. The City/District's Personnel Policy governs employment - related complaints of disability discrimination. The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Written complaints should be signed by the complainant or his/her authorized representative. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request. The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to: Jace Schwarm, Compliance Officer ADA & Section 504 City of Encinitas /San Dieguito Water District Risk Management Department 505 S. Vulcan Ave. Encinitas, CA 92024 (760) 633 -2636 phone; (760) 633 -1228 fax; (760) 633 -2700 TTY ischwarm(aD-cityofencin itas.org Within 15 calendar days after receipt of the complaint, Jace Schwarm or her designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, Jace Schwarm or her designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City of Encinitas /San Dieguito Water District and offer options for substantive resolution of the complaint. If the response by Jace Schwarm or her designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the City Manager, or his/her designee. Within 15 calendar days after receipt of the appeal, the City Manager or his /her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the City Manager or his /her designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. Exhibit A All written complaints received by Jace Schwarm or her designee, appeals to the City Manager or his/her designee, and responses from these two offices will be retained by the City for at least three years. Exhibit A a�e�y City Of Encinitas /San Dieguito Water District 505 South Vulcan Ave Encinitas, CA 92024 ADA COORDINATOR 760- 633 -2636, 760- 633 -1228 Fax, 760- 633 -2700 TTY Americans with Disabilities Act (ADA) Section 504 Rehabilitation Act 1973 (Section 504) GRIEVANCE FORM Name: Address: Phone Number: Description of Complaint (attach additional pages if necessary): Date of Alleged Violation: Location: Name of Party(s) Involved: X Signature (Complainant or his/her authorized representative) Date Within 15 calendar days after receipt of the complaint, City will meet with the complainant to discuss the compliant and the possible resolution. Within 15 calendar days of the meeting, City will respond in writing and explain the position of the City and offer options for resolution. (See Grievance Procedures) COMPLAINT CAN BE FILED VERBALLY OR IN WRITING The City of Encinitas is an affirmative action public entity and does not discriminate on the basis of race /color, national origin, sex, religion, age or disability in employment or the provisions of service. Please notify the City of Encinitas 72 hours or more prior to disability accommodations being needed. Exhibit A CITY OF ENCINITAS /San Dieguito Water District PUBLIC NOTICE Section 504 Rehabilitation Act 1973 Americans with Disabilities Act In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ( "ADA ") and Section 504 of the Rehabilitation Act of 1973, the City of Encinitas /San Dieguito Water District (City) will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. Employment: The City does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA. Effective Communication: The City will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City programs, services, and activities, including qualified sign language interpreters, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments. Modifications to Policies and Procedures: The City will make all reasonable modifications to policies and programs to ensure that individuals with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. For example, individuals with service animals are welcomed in the City offices, even where pets are generally prohibited. Anyone who requires an auxiliary aid should contact the City Clerk at (760) 633 -2600. Anyone requiring services for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of the City should contact the office of Jace Schwarm, Risk & Safety Department Manager II at (760) 633 -2636 or i schwa rm 0) cityofen ci n itas. org as soon as possible but no later than 72 hours before a scheduled event. The ADA does not require the City to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. Complaints that a program, service, or activity of the City is not accessible to a person with disabilities should be directed to: Jace Schwarm, ADA/Section 504 Coordinator Risk Management Department CITY OF ENCINITAS /SAN DIEGUITO WATER DISTRICT 505 S. Vulcan Avenue Encinitas, CA 92024 (760) 633 -2636 (Voice), (760) 633 -1228 (Fax), (760) 633 -2700 (TTY) Email: ischwarmCcDcityofencinitas org The City will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids /services or reasonable modifications of policy. Exhibit 8 CITY OF ENCINITAS ADMINISTRATIVE MANUAL Policy Title: ADA/Section 504 Rehabilitation Act — Grievance Procedure Responsible Department. Administrative Services Approved By. City Council Signature: 1.0 Philosophv Section: General Number. G020 Date Approved. 07130192 Amended: 7120111 The City of Encinitas /San Dieguito Water District (City) adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Justice regulations implementing Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act 1973 (Section 504). Regulations implementing Title II state, in part, that "no qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity." 2.0 Method 2.1 Complaints should be addressed to: The Risk Department Manager, who has been designated to coordinate ADA/Section 504 compliance efforts. 2.1.1 A complaint should be filed in writing or verbally, contain the name and address of the person filing it, a description of the alleged violation in sufficient detail to inform the City of the nature of the alleged violation, location of the alleged violation, the date of the alleged violation and the names of any parties involved. When filing a written complaint, the complaint shall be signed by the complainant or by someone authorized to do so on his or her behalf. A complaint form titled, "ADA/Section 504 "Grievance Form" is attached. 2.1.2 A complaint should be filed after the complainant becomes aware of the alleged violation, but no later than 60 calendar days after the alleged violation. Exhibit B 2.1.3 Within 15 calendar days of the filing of the complaint, the Risk Department will meet with the complainant to investigate and discuss possible resolution. These rules afford all interested persons and their representatives, if any, an opportunity to submit evidence relevant to the complaint. 2.1.4 A written determination as to the validity of the complaint and description of the resolution, if any, shall be issued by the Risk Department Manager, and a copy forwarded to the complainant no later than 15 calendar days after the meeting date. 2.1.5 The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution or determination. The request for reconsideration should be made within 15 Calendar days to the City Manager. 2.1.6 The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of an ADA complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies. 2.1.7 These rules shall be construed to protect the substantive rights of interested persons to meet appropriate due process standards and to assure that the City complies with the ADA/Section 504 Rehabilitation Act 1973 and implementing regulations. 2.1.8 The Risk Management Department shall maintain the files and records for the City relating to the complaints filed consistent with the City's retention policy. Exhibit B CITY OF ENCINITAS ADMINISTRATIVE MANUAL Policy Title: ADA/Section 504 Compliance Section: General Non Discriminatory Statement for Publications Responsible Department: Administrative Services Approved By: City Council Signature: 1.0. Philosophv Number: G021 Date Approved: 07130192 Amendment: 7120111 The City of Encinitas /San Dieguito Water District (City) must notify beneficiaries and employees that they do not discriminate on the basis of disability under applicable laws. Such notices must be accessible to those with impaired vision and hearing and all other disabilities as defined by the ADA and Section 504 Rehabilitation Act 1973. Recruitment materials or publications for program participants, beneficiaries, applications and employees must contain an appropriate non - discrimination statement. 2.0. Method 2.1. The City will include in all publications, notifications and forms for the public, a non - discriminatory statement. 2.1.1 THE CITY IS AN AFFIRMATIVE ACTION PUBLIC ENTITY AND DOES NOT DISCRIMINATE ON THE BASIS OF RACE /COLOR, ETHNIC ORIGIN, NATIONAL ORIGIN, SEX, RELIGION, AGE, VETERAN STATUS OR PHYSICAL OR MENTAL DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICE. PLEASE NOTIFY THE CITY CLERK DEPARTMENT OR RISK MANAGEMENT 72 HOURS OR MORE, PRIOR TO DISABILITY ACCOMMODATIONS BEING NEEDED. Exhibit B CITY OF ENCINITAS ADMINISTRATIVE MANUAL Policy Title: ADA/Section 504 Rehabilitation Act 1973 — Section: General Notice to the Public Responsible Department. Administrative Services Approved By. City Council Signature: 1.0 Philosophv Number. G022 Date Approved. 07130192 Amended: 7/20/11 The ADA/Section 504 Rehabilitation Act 1973 mandates that the City of Encinitas /San Dieguito Water District (City) inform the public of their rights and protections. The designated ADA/Section 504 Rehabilitation Act Coordinator will have available a "Notice to the Public" form for distribution. 2.0 Method The City will post a public notice in a clear, visible location for ADA/Section 504 Rehabilitation Act compliance. See Attached Public notice. 2.1 Non - discrimination on the Basis of Disability. The City does not discriminate on the basis of disability in the admission or access to, or treatment or employment in its programs or activities. The Risk Department Manager has been designated to coordinate compliance with the non - discrimination requirements contained in Section 35.107 of the Department of Justice regulations implementing Title II of the ADA and in Section 504 of the Rehabilitation Act and its implementing regulations. Information concerning the provisions of compliance to applicable regulations and laws are available from the designated ADA/Section 504 Rehabilitation Act Coordinator. Anyone who requires an auxiliary aid should contact the City Clerk. Requests for the provision of services for effective communication, or for a modification of policies or procedures to participate in a program, service, or activity of the City, should contact the Risk Department Manager. All requests should be made as soon as possible, but no later than 72 hours before a scheduled event. Exhibit B CITY OF ENCINITAS ADMINISTRATIVE MANUAL Policy Title: ADA/Section 504 Compliance – Procedures for Section: General Handling Requests for Disability Accommodations Responsible Department. Administrative Services Approved By. Council Signature: 1.0. Philosophv Number: G023 Approved: 07130192 Amendment.-.7120111 The City of Encinitas /San Dieguito Water District (City) is called upon under the Americans with Disabilities Act, Title II and Section 504 Rehabilitation Act, to provide disability accommodations, such as auxiliary aids and services, upon request of an "individual with a disability." To facilitate a unified practice and handling, the City has established specific procedures for handling requests for disability accommodations. 2.0. Methods for Compliance Auxiliary aids and services includes- 2.1 Qualified interpreters on -site or through video remote interpreting (VRI) services; note takers; real -time computer -aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real -time captioning; voice, text, and video -based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing; 2.2 Qualified readers; taped texts; audio recordings; Brailed materials and displays; screen reader software; magnification software; optical readers; secondary auditory programs (SAP); large print materials; accessible electronic and information technology; or other effective methods of making visually delivered materials available to individuals who are blind or have low vision; Exhibit B 2.3 Acquisition or modification of equipment or devices; and 2.4 Other similar services and actions. 3.0. Procedure for Handling Requests for Disability Accommodations 3.1 Ask individual with disability what the individual's preference of accommodation would be for his /her disability. 3.1.1 Assess the reasonableness of the preferred accommodation for "Primary Consideration" and /or suggest an effective alternative accommodation. PERSONAL SERVICE is not required under ADA/Section 504. Primary Consideration under the ADA/Section 504 defined as, honor choice unless an alternative equally effective accommodation is available or a financial hardship argument exists. Legal Standard. Ensure communications with individuals with disabilities are as effective as communications with others. 3.2 Evaluate what are the specific needs for that specific individual with disability on a case by case basis. What works for one may not work at all for another. 3.3 To determine if ADA/Section 504 is applicable, assess if the individual qualifies as someone with a "disability" (qualified person with disability). 3.3.1 Disability means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment. 3.3.2 The phrase physical or mental impairment means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; or any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. 3.3.2.1 Furthermore, physical or mental impairment includes, but is not limited to, such contagious and non - contagious diseases and conditions as orthopedic, visual, speech and hearing Exhibit B impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism. 3.3.3 The phrase major life activity means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. 3.4 If individual requesting accommodation does not appear to qualify as an "Individual with disability," discuss with the ADA/Section 504 Coordinator. Exhibit B EXHIBIT C -ft,-- CITY OF ENCINITAS San Dieguito Water District ADA PUBLIC NOTICE Section 504 Rehabilitation Act 1973 In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ( "ADA "), the City of Encinitas /San Dieguito Water District (City) will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. Employment: The City does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA. Effective Communication: The City will generally, upon request, provide appropriate aids and ser- vices leading to effective communication for qualified persons with disabilities so they can partici- pate equally in the City programs, services, and activities, including qualified sign language inter- preters, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments. Modifications to Policies and Procedures: The City will make all reasonable modifications to policies and programs to ensure that individuals with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. For example, individuals with service animals are wel- comed in the City offices, even where pets are generally prohibited. Anyone who requires an auxiliary aid contact the City Clerk at (760) 633 -2600. Anyone requiring services for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of the City, should contact the office of Jace Schwarm, Risk & Safety Department Manager II at (760) 633 -2636 or ischwarmacityofencinitas orq as soon as possible but no later than 72 hours before a scheduled event. The ADA does not require the City to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. Complaints that a program, services, or activity of the City is not accessible to a person with disabili- ties should be directed to: Jace Schwarm, ADA/Section 504 Coordinator City of Encinitas /San Dieguito Water District Risk Management Department 505 S. Vulcan Avenue Encinitas, CA 92024 (760) 633 -2636 (Voice), (760) 633 -2700 (TTY),(760) 633 -1228 (Fax) Email: jschwarm(aWcityofencinitas orq The City will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids /services or reason- able modifications of policy.