The Borough of Seaside Heights has established an Americans with Disabilities Act Advisory Board in Chapter
40, Boards and Commissions, Art.
VII, of this Code.
Persons employed by the Borough of Seaside Heights in a position provided
by this chapter shall possess good health and freedom from disabling physical
and mental defects which impair the proper performance of the required duties,
or which might endanger the health and safety of oneself or others. Persons
with mental or physical disabilities are eligible as long as they can perform
the essential functions of the job position after reasonable accommodation
is made to their known limitations. If the accommodation cannot be made because
it would cause the employer undue hardship, such person may not be eligible.
The borough shall adopt and publish the following grievance procedure
which provides for the prompt and equitable resolution of complaints alleging
any action that is prohibited by the ADA and the rules promulgated pursuant
thereto:
A. Grievances shall be processed promptly and expeditiously
and shall be adjudicated according to the terms of the procedure provided
herein.
B. Formal grievances and appeals shall be in writing.
C. Communications and decisions concerning formal grievances
shall be in writing.
D. A written complaint signed by the grievant shall be filed
with the ADA Coordinator within 15 days after the alleged violation. The ADA
Coordinator shall forward a copy of any written complaint received to the
Mayor and Borough Council.
E. The complaint shall identify the parties and contain
a clear and concise statement of the facts that constitute the alleged discrimination
on the basis of disability.
F. The ADA Coordinator shall review the grievance and hold
a hearing.
G. A grievant shall be permitted a representative at all
levels of the grievance procedure and may produce witnesses for the purpose
of providing testimony relevant to the alleged discrimination on the basis
of disability.
H. A written determination shall be issued by the ADA Coordinator
and a copy forwarded by certified mail to the grievant no later than 30 days
after the date of the hearing on the complaint. A copy of said determination
shall be provided to the Mayor and Borough Council.
I. If the grievant is dissatisfied with the answer submitted
by the ADA Coordinator, the grievant may appeal the answer to the ADA Advisory
Board within seven days after receipt of the written answer. A hearing shall
be scheduled within seven days after receipt of the grievance appeal. The
hearing granted by the ADA Advisory Board will take place within 15 days after
the scheduled date is submitted to the grievant.
J. Minutes of the hearing shall be kept, or in the alternative,
the hearing may be recorded.
K. The ADA Advisory Board shall make its determination regarding
the appeal within 15 days from the date of the hearing and thereafter make
the appropriate written report to the Mayor and Borough Council setting forth
its findings and recommendations. The Mayor and Borough Council shall review
the findings and recommendations of the ADA Advisory Board and make a final
determination on the appeal.
L. The ADA Coordinator shall maintain the files and records
of the borough relating to complaints filed.
M. Failure by the grievant to process a grievance or appeal
the decision of the ADA Coordinator within the specified time limit shall
render the grievance as settled in favor of the borough. Failure by the borough
to issue a decision within the specified time limit shall render the grievance
advanced to the next level. The aforementioned time limits may, however, be
extended by mutual consent of the parties.
N. This grievance procedure shall be construed to protect
the substantive rights of interested persons, to meet appropriate due process
standards and to assure that the borough complied with the requirements of
the ADA and the regulations adopted pursuant thereto.