[HISTORY: Adopted by the Mayor and Township Committee of
the Township of Barnegat: Article I, 7-3-06 as Ord.
No. 2006-15; Article II, 7-3-06 as Ord. No. 2006-16. Amendments noted where applicable.]
The purpose of this ordinance is to establish compliance with
the Americans with Disabilities Act, and designate an Americans with
Disabilities Act Coordinator; and establish an Americans with Disabilities
Act Advisory Board.
A.
The Township Committee shall appoint one (1) Barnegat Township 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 Committee shall make the name, office address and telephone
number of the ADA Coordinator available to any interested individuals.
C.
The Township Committee may appoint an individual to serve as the
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 (1) year, commencing on January 1 of the appointment
and ending on December 31 of the year appointment.
There is hereby established an Americans with Disabilities Act
Advisory Board of the Township of Barnegat. Members to the Board shall
be appointed and perform their duties in accordance with Ordinance
No. 2006-16[1]of the Barnegat Township Code.
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 Barnegat. 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 for the broadcast of information on radio
or television.
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 hereon 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 (3) 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 to 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 to the examination
or inquire 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 for 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)
Specification of the schedule for taking the steps necessary to achieve
compliance;
(4)
Indication of the official responsible for implementation of the
plan;
(5)
Indication 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 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/or 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 (TDDs) and computer modems.
D.
All township communications, including the public notices required by Section 1B-4 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.
The purpose of this ordinance is to establish an Americans with
Disabilities Act Advisory Board.
[Amended 10-18-10 by Ord. No. 2010-26; 2-6-12 by Ord. No. 2012-03; 5-7-12 by Ord. No. 2012-18]
The American Disabilities Act Advisory Board shall consist of
nine (9) regular members, from the community at large, also two (2)
alternates designated No. 1 and No. 2 shall be appointed by the Township
Committee. The nine (9) members should represent a cross section of
the community, with consideration given to those members who have
their own disability or care for someone with a disability, or have
special knowledge of how to address the needs of those with a disability.
A member of the Township Committee or Public Works shall be
appointed to act as the liaison between the ADA Board and the township.
The Township Administrator shall additionally act as an advisor to
this Board as many of their projects directly affect streets, parks,
public buildings, etc.
Each member shall serve for a one (1) year term. On a yearly
basis at the January meeting, the ADA Committee will elect a Chairperson,
Secretary, Treasurer and Public Relations person from the Committee
membership.
A.
All appointments to the Americans with Disabilities Act Advisory
Board shall be for terms of one (1) 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 otherwise than by expiration of terms
shall be filled for the unexpired term by the Township Committee.
B.
An alternate member may participate in discussion 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 Americans with Disabilities Act to
the Township of Barnegat, in its buildings, facilities and programs
to ensure that the Township of Barnegat complies with the requirements
of the Americans with Disabilities Act.
B.
Make recommendations to the Township Committee 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
Township Committee.
D.
Make available to the public both printed and visual information
regarding the rules and regulations of ADA requirements or supply
the public with booklets that explain how to access the assistance
they might need for their particular disability. Inclusive in the
information may be phone numbers of public agencies, grants, officials
with authority to assist with difficulties or by making the American
Disabilities Act Advisory Board Committee available to the public
on Community Day and Pirates Day or inviting the public to our American
Disabilities Act Advisory Board Committee Meeting with their ideas
or concerns. Communication may also be furthered by use of the township
website.
[Added 10-18-10 by Ord. No. 2010-26]
E.
Submit to the Township Committee in February a detailed list of proposed
expenses so the amount to be allotted for ADA may be included and
approved in the current year's budget.
[Added 10-18-10 by Ord. No. 2010-26]
F.
Monitor construction projects that involve the township properties.
[Added 10-18-10 by Ord. No. 2010-26]
G.
Present a yearly award to a commercial or professional business establishment
for outstanding compliance to ADA regulations. This award shall be
presented by the Mayor at a Township Committee meeting.
[Added 10-18-10 by Ord. No. 2010-26]
H.
Provide (in December) the Township Committee with a list of potential
ADA candidates for the following year.
[Added 10-18-10 by Ord. No. 2010-26]
I.
Improve public relations with the community concerning ADA requirements.
[Added 10-18-10 by Ord. No. 2010-26]
