[HISTORY: Adopted by the Mayor and Council of the Town of Secaucus 5-8-01 by Ord. No. 2001-12. Amendments noted where applicable.]
Editor's Note: Chapter 3, "Buildings and Grounds," previously contained herein, has been repealed in its entirety by Ordinance No. 88-33.
The Town of Secaucus does hereby adopt the within grievance procedure for the handling of any grievance prohibited by the United States Department of Justice regulations implementing Title 2 of the Americans With Disabilities Act.
The Mayor shall appoint an employee of the Town of Secaucus to coordinate ADA compliance efforts (hereinafter referred to as the "ADA Coordinator") to serve for a term of one year.
Grievances alleging any action prohibited by the U.S. Department of Justice regulations implementing Title 2 of the ADA must be addressed to the individual designated by the Mayor as the ADA Coordinator. Grievances submitted to any other employee or agent of the Town of Secaucus shall not be considered.
A grievance may be filed in writing or verbally. The aggrieved party must provide their name and address and briefly describe the alleged violation of the regulations.
A grievance shall be filed within 30 days after the grievant becomes aware of the alleged violation. Grievances in which the aggrieved party became aware of same before this within grievance procedure was in place must be filed with the ADA Coordinator within 90 days of the date that this chapter shall take effect.
The ADA Coordinator shall promptly conduct an investigation as to the allegations. These rules contemplate informal but thorough investigations, affording all interested parties and their representatives, if any, an opportunity to submit evidence relevant to the grievance.
A written determination as to the validity of the grievance and a description of action to be taken, if any, shall be issued by the ADA Coordinator and a copy forwarded to the grievant within 10 days after the filing of the grievance.
The ADA Coordinator shall maintain the files and records of the Town of Secaucus relating to grievances filed.
The grievant can request a reconsideration of the case in instances where he or she is dissatisfied with the determination of the ADA Coordinator. The request for reconsideration shall be made in writing within 10 days to the Mayor and Council, and with a copy thereof being provided to the ADA Coordinator.
The right of a person to prompt and equitable determination of a grievance filed hereunder shall not impair the grievant's pursuit of other remedies such as the filing of an ADA complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.
These rules shall be constructed to protect the substantive rights of interested persons, to meet appropriate due process standards and to assure that the Town of Secaucus complies with the ADA and implementing regulations.
A copy of this chapter as well as a statement advising the name of the individual designated by the Mayor to be the ADA Coordinator shall be posted in a conspicuous place in all public buildings which the Town of Secaucus owns and operates.