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.