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.

ADA Grievance Form

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
P: (760) 633-2636
F: (760) 633-1228
TTY: 760) 633-2700
jschwarm@encinitasca.gov

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.

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.

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