There is hereby established an American Disabilities Act Advisory Board for the Township of Stafford. Members to the Board shall be appointed and perform their duties in accordance with Article
IX of Chapter
10 of the Stafford Township Code.
The Township 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 Township 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 handicap;
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 Township
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 hear the appeal within
15 days from the date of filing of the appeal and thereafter make
the appropriate written report to the Mayor and Township Council setting
forth its findings and recommendations. The Mayor and Township 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 Township 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 Township.
Failure by the Township 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 Township complied with
the requirements of the ADA and the regulations adopted pursuant thereto.