There is hereby established an Americans with Disabilities Act
("ADA") Advisory Board for the Township of Jackson.
The Americans with 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 § 3-159D. The Deputy ADA Coordinator shall be appointed as "Alternate No. 1" to said Board as provided for in § 3-159D.
A.
All appointments to the Americans with 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.
[Amended 12-11-2012 by Ord. No. 23-12]
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 Americans with Disabilities Act Advisory Board shall:
A.
Review the application of the Americans with Disabilities Act to
the Township of Jackson, its buildings, facilities and programs to
ensure that the Township of Jackson complies with the requirements
of the Americans with Disabilities Act.
B.
Make recommendations to the Mayor and Township Council concerning
the implementation of compliance with the Americans with 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 Council.
A.
The Mayor, with the advice and consent of the Township Council, 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 Council, 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.
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.
[Amended 12-11-2012 by Ord. No. 23-12]
There is hereby established an Americans with Disabilities Act Advisory Board for the Township of Jackson. Members to the Board shall be appointed and perform their duties in accordance with Article I of 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 Jackson. 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 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.
A.
The ADA Advisory Board shall evaluate all Township programs and services
to ensure 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 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 ensure
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 § 3-161 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.
