[Adopted 5-22-2021 ATM by Art. 31]
A. 
Numerous laws, statutes, policies and regulations require and/or encourage access to facilities, programs and services for all members of the public. These include, but are not limited to:
(1) 
The Americans with Disabilities Act of 1990, 42 U.S.C. Ch. 126, § 12101 et seq.
(2) 
Regulations promulgated by the Massachusetts Architectural Access Board (521 CMR).
(3) 
The Voting Accessibility for the Elderly and Handicapped Act of 1984, P.L. 98-435, 42 U.S.C. §§ 1973ee – 1973ee-6.
(4) 
The Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.
(5) 
The Rehabilitation Act of 1973, USC 31-41c, 29 U.S.C. § 701 et seq.
(6) 
The Architectural Barriers Act, 42 U.S.C. §§ 4151 et seq.
(7) 
Massachusetts Employment Law MGL c. 151B.
(8) 
Massachusetts Public Accommodation Law, MGL c. 272.
(9) 
Massachusetts Equal Rights Act, MGL c. 93 § 102.
(10) 
Massachusetts Constitution Article CXIV (114).
(11) 
Massachusetts Service Animals Law, MGL c. 272 §§ 98A.
B. 
Southborough supports a coordinated approach to monitoring and increasing public accessibility and ensuring compliance with local, state and federal requirements. In addition, it is desirable to encourage property owners to consider adopting optional policies that increase accessibility. As more fully described in the remainder of this Article IX, this article establishes a committee that will be responsible for developing and implementing this coordination. It will report on status and progress to the Select Board and the Town Meeting.
[Amended 11-1-2021 STM by Art. 2]
A. 
There shall be a Southborough Public Accessibility Committee ("SPAC"), which shall consist of five voting members appointed by the Select Board, plus the non-voting, ex officio members identified below. Any non-voting, ex officio member shall not count toward the calculation of a quorum for the SPAC for voting purposes.
[Amended 11-1-2021 STM by Art. 2]
B. 
Each voting member shall be a registered voter in the Town and shall not be a Town officer (where a "Town officer" means a Town official who serves in an elected position) or a Town employee (where a "Town employee" is any person holding a non-elected, paid position in the Town other than a volunteer who is deemed a special municipal employee solely for the purposes of MGL Chapter 268A).
C. 
The Select Board shall designate a Public Accessibility Coordinator ("Coordinator"), in consultation with the SPAC. The Coordinator shall be responsible for accepting and recording concerns, coordinating reviews, and such other duties as may be assigned.
[Amended 11-1-2021 STM by Art. 2]
D. 
The Building Commissioner and Coordinator shall be ex officio members of the SPAC.
Voting members shall be appointed for two-year terms. The initial appointments shall be divided between one and two-year terms, so as to establish overlapping terms.
The voting SPAC members shall select annually, from among themselves by majority vote, a Chairman and a Secretary.
A. 
The SPAC shall have a budget, as may be approved through the Town's regular budget process, for consultants and other expenses. The SPAC shall submit its projected expenses annually as input to the Town's regular budget process.
B. 
Any expenditures from the SPAC budget shall require a majority vote of the SPAC, and shall be subject to the Town's policies for such expenditures.
A. 
The SPAC powers and duties include, but are not limited to, the following:
(1) 
To monitor and enhance the Town's compliance with all applicable laws, statutes, policies, and regulations that require (or encourage) access to facilities, programs and services for all members of the public.
(2) 
In coordination with Town officers, departments, and other government entities, to endeavor to ensure that all Town citizens have equal access to:
(a) 
Town government offices and communications.
(b) 
Public and commercial buildings.
(c) 
Programs.
(d) 
Goods and services.
(e) 
Transportation.
(f) 
Telecommunications, including the internet.
(g) 
Recreational facilities and programs.
(3) 
To review existing and proposed facilities, programs, and projects undertaken by the Town, and to notify the responsible official or entity of its comments. The SPAC may request that other Town officials, committees, departments, and/or entities provide input to these reviews.
(4) 
To undertake public outreach and advocacy for accessibility in the Town.
(5) 
To periodically, but no less than once per calendar year, report to the Select Board and the Town Meeting on its activities and findings.
[Amended 11-1-2021 STM by Art. 2]
(6) 
To provide a mechanism for the public and/or any Town employee to raise concerns about the accessibility of any Town facility, service or program.
B. 
The SPAC (or its designee) shall maintain records of such concerns and their dispositions. To the extent permissible by law, the identities of persons raising such concerns shall be confidential, unless confidentiality is waived by such person.