[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.
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.
A function, such as caring for one's self, performing manual
tasks, walking, seeing, hearing, speaking, breathing, learning and working.
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.
A.Â
Grievances shall be processed promptly and expeditiously
and shall be adjudicated according to the terms of the procedure provided
herein.
B.Â
Formal grievances and appeals shall be in writing.
C.Â
Communications and decisions concerning formal grievances
shall be writing.
D.Â
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.
E.Â
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.
F.Â
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.
G.Â
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.
H.Â
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.
I.Â
Nothing herein contained shall be construed as limiting
the right of a grievant to discuss the grievance informally with any Borough
administering personnel.