[HISTORY: Adopted by the Mayor and Council of the Borough of Tuckerton as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-15-1984 by Ord. No. 14-1984]
The purpose of this article is to establish a grievance procedure to provide for the prompt and equitable resolution of complaints alleging handicapped discrimination in the administration of municipal programs and activities.
As used in this article, the following terms shall have the meanings indicated:
- A complaint by any person or persons alleging a discriminatory practice, procedure or effect in the administration of municipal programs, activities or services based upon a physical or mental handicap or impairment.
- A person who files a grievance.
- HANDICAPPED PERSON
- Any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment or is regarded as having such an impairment.
- MAJOR LIFE ACTIVITIES
- A function, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
- PHYSICAL OR MENTAL IMPAIRMENT
- 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 physiological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities. The term "physical or mental impairment" includes but is not limited to such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction and alcoholism.
- A person or agent designated to represent any party in this procedure.
Grievances shall be processed promptly and expeditiously and shall be adjudicated according to the terms of the procedure provided herein.
Formal grievances and appeals shall be in writing.
Communications and decisions concerning formal grievances shall be writing.
A grievant shall be permitted a representative at all levels of the grievance procedure and may produce witnesses for the purpose of taking testimony relevant to the alleged discrimination on the basis of handicap.
A grievant shall present a written statement of the alleged grievance to the Borough Clerk within 15 days of the occurrence of the grievance. The Borough Clerk will review the grievance and investigate the facts and submit a written answer to the grievant within seven days of the submission date on the grievance form.
If the grievant is dissatisfied with the answer submitted by the Borough Clerk, the grievant may appeal the answer to the Mayor and Borough Council 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 Mayor will take place within 15 days after the scheduled date is submitted to the grievant.
If the grievant is still dissatisfied with the answer received from the Mayor, a grievant may request arbitration of a grievance within 20 days of the decision of the Mayor by filing notice of the grievant's continued disagreement. An arbitrator shall be selected from the American Arbitration Association according to the Association's procedure. The cost of the services of the arbitrator shall be shared equally by the parties. The arbitrator's decision shall be binding on all parties to the grievance.
Failure by a grievant to process a grievance 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.
Nothing herein contained shall be construed as limiting the right of a grievant to discuss the grievance informally with any Borough administering personnel.