[HISTORY: Adopted by the Township Committee of the Township of Little
Egg Harbor; see Ch. 1, General Provisions, Art. I. Amendments noted where
applicable.]
There is hereby established an American Disabilities Act ("ADA") Advisory
Board for the Township of Little Egg Harbor.
The American Disabilities Act Advisory Board shall consist of five regular members and two alternate members, designated as "Alternate No. 1" and "Alternate No. 2," appointed by the Mayor. The ADA Coordinator shall be appointed as a regular member of the ADA Advisory Board and shall be the chairperson of the Board as provided for in §
7-5D. The Deputy ADA Coordinator shall be appointed as "Alternate No. 1" to said Board as provided for in §
7-5D.
A. All appointments to the American Disabilities Act Advisory
Board shall be for a term of one year, commencing January 1 of the year of
appointment and ending on December 31 of the year of appointment. A vacancy
on the Board occurring other than by expiration of term shall be filled for
the unexpired term by the Mayor.
B. An alternate member may participate in discussions of
the proceedings, but may not vote except in the absence or disqualification
of a regular member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice must be
made as to which alternate member is to vote, Alternate No. 1 shall vote first.
The American Disabilities Act Advisory Board shall:
A. Review the application of the American Disabilities Act
to the Township of Little Egg Harbor, its buildings, facilities and programs
to ensure that the Township of Little Egg Harbor complies with the requirements
of the American Disabilities Act.
B. To make recommendations to the Mayor and Township Committee
concerning the implementation of compliance with the American Disabilities
Act as it applies to Township buildings, facilities and programs.
C. Make such individual studies and reports as may be requested
by the Mayor and Township Committee.
D. Hear appeals filed pursuant to §
7-8, and make the appropriate report to the Mayor and Township Committee regarding its findings and recommendations.
A. The Mayor, with the advice and consent of the Township
Committee, shall appoint one employee to serve as ADA Coordinator. The ADA
Coordinator shall be familiar with the requirements of the ADA and coordinate
Township efforts to comply with and carry out Township responsibilities under
the ADA and the rules promulgated pursuant thereto, including the investigation
of complaints alleging violations of the ADA.
B. The Township shall make the name, office address and
telephone number of the ADA Coordinator available to any interested individuals.
C. The Mayor, with the advice and consent of the Township
Committee, may appoint an individual to serve as Deputy ADA Coordinator. The
Deputy ADA Coordinator shall assist the ADA Coordinator and perform such duties
as required by the ADA Coordinator.
D. The ADA Coordinator shall be appointed as a member of the ADA Advisory Board as provided for in §
7-2. The Deputy ADA Coordinator shall be appointed as "Alternate No. 1" of the Board as provided for in §
7-2.
E. The term of office for the ADA Coordinator and Deputy
ADA Coordinator shall be for one year, commencing on January 1 of the year
of appointment and ending on December 31 of the year of appointment.
There is hereby established an American Disabilities Act Advisory Board
for the Township of Little Egg Harbor. Members to the Board shall be appointed
and perform their duties in accordance with this chapter.
A. The Township shall disseminate sufficient information
to inform all interested persons of the rights and protections afforded by
ADA and the rules promulgated pursuant thereto related to the responsibilities
of the Township of Little Egg Harbor. This information shall be provided in
a manner consistent with the federal rules for effective communication.
B. The Township may fulfill this requirement by publication
of information in handbooks, manuals or pamphlets which describe the Township's
programs and activities, by the display of posters in service centers and
other public places, or the broadcast of information on radio or television.
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 Committee.
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 Committee.
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 Committee setting forth its findings
and recommendations. The Mayor and Township Committee 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.
A. The ADA Advisory Board shall evaluate all Township programs
and services to insure equal opportunity and equal access.
B. The ADA Advisory Board shall distribute the self-evaluation
plan and permit comment thereon by all interested parties.
C. The self-evaluation shall in all respects comply with
the federal rules adopted pursuant to the ADA and shall be kept on file for
a period of three years.
A. The Township shall maintain in proper working condition
those features of facilities and equipment that are required to be accessible
and usable by persons with disabilities.
B. This section of the Township Code shall not be interpreted
to prohibit reasonable shut down times for repairs.
A. The hiring practices of the Township shall not discriminate
against persons with disabilities.
B. All job descriptions shall precisely and accurately describe
the essential functions of the job performed by each employee.
C. Job applications shall pertain strictly to job performance.
D. All job interviews shall be limited to questions concerning
the applicant's ability to perform the job.
E. The interviewer shall not inquire about disabilities
or conduct tests that screen out people with disabilities.
F. Questions about the applicant's addiction to alcohol
or drugs shall not be asked.
G. The Township shall not conduct medical examinations or
inquiries of job applicants prior to an offer of employment. The Township
may, however, require medical examinations and/or inquiries after making an
offer of employment to a job applicant and before the applicant begins employment
with the Township. The Township may condition an offer of employment on the
results of the medical examination or inquiry. If the Township chooses to
conduct such medical examinations or inquiries, all entering employees in
the same job category shall be subject to the examination or inquiry regardless
of disability.
H. Any medical information obtained from employee medical
examinations and inquiries shall be maintained on separate forms and shall
be treated as confidential and not kept in an employee's personnel file.
I. Persons with mental or physical disabilities are eligible
as long as they can perform the essential functions of the job 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.
A. The Township shall make reasonable accommodations to
make its facilities accessible to and usable by individuals with disabilities.
An individual shall not be excluded from participation in or be denied the
benefits of the services, programs or activities of the Township due to disability.
B. The Township shall make reasonable accommodations to
its facilities as required by the ADA.
C. The Township shall prepare a transition plan setting
forth the steps necessary to complete the structural changes in all public
facilities. All interested persons, including individuals with disabilities,
shall be able to participate in the development of the transition plan. After
completion, a copy of the transition plan shall be made available for public
inspection. The transition plan shall include, at a minimum, the following:
(1) Identification of physical obstacles in the Township's
facilities that limit the accessibility of its programs or activities to individuals
with disabilities.
(2) Description in detail of the methods that will be used
to make the facilities accessible.
(3) Specify the schedule for taking the steps necessary to
achieve compliance.
(4) Indicate the official responsible for implementation
of the plan.
(5) Indicate why certain Township facilities cannot be made
accessible.
D. Effective immediately, the new construction and alteration
provisions of the ADA and the regulations adopted pursuant thereto shall apply
to all Township construction.
A. The Township shall take whatever steps may be necessary
to insure that communications with applicants, participants and members of
the public with disabilities are as effective as communications with others.
B. Auxiliary aids and services shall be furnished to afford
individuals with disabilities an equal opportunity to participate in and enjoy
the benefits of the Township's services, programs and activities.
C. The Township shall equip emergency systems with telecommunications
devices for the deaf (TDD's) and computer modems.
D. All Township communications, including the public notices required by §
7-7 of this chapter, shall comply with the communication requirements of the ADA and the regulations adopted pursuant thereto.
E. The Township shall place an appropriate access statement
on all public communications.