Township of Lacey, NJ Chapter 7 American Disabilities Act Advisory Board

[HISTORY: Adopted by the Township Committee of the Township of Lacey: Art. I, 12-22-1994 as Ord. No. 94-53 (Ch. 3A of the 1974 Code); Art. II, 12-22-1994 as Ord. No. 94-54 (Ch. 43A of the 1974 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Grievance procedure — See Ch. 49.

Article I Board Established

[Adopted 12-22-1994 as Ord. No. 94-53 (Ch. 3A of the 1974 Code)]

§ 7-1 Establishment.

There is hereby established an American Disabilities Act Advisory Board for the Township of Lacey.

§ 7-2 Membership; designation of chairman; alternates.

The American Disabilities Act Advisory Board shall consist of five (5) regular members and two (2) 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 § 7-5D. The Deputy ADA Coordinator shall be appointed as "Alternate No. 1" to said Board as provided for in § 7-5D.

§ 7-3 Terms of office; vacancies; alternates' participation.

A. All appointments to the American Disabilities Act Advisory Board shall be for a term of one (1) year, commencing January 1st of the year of appointment and ending on December 31st of the year of appointment. A vacancy on the Board occurring otherwise than by expiration of term shall be filled for the unexpired term by the Mayor.

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.

§ 7-4 Powers and duties.

The American Disabilities Act Advisory Board shall:

A. Review the application of the American Disabilities Act to the Township of Lacey, its buildings, facilities and programs to ensure that the Township of Lacey complies with the requirements of the American Disabilities Act.

B. To make recommendations to the Mayor and Township Committee concerning the implementation of compliance with the American 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 Committee.

D. Hear appeals filed pursuant to § 7-8, and make the appropriate report to the Mayor and Township Committee regarding its findings and recommendations.

Article II Compliance with Americans with Disabilities Act

[Adopted 12-22-1994 as Ord. No. 94-54 (Ch. 43A of the 1974 Code)]

§ 7-5 Americans with Disability Act (ADA) Coordinator.

A. The Mayor, with the advice and consent of the Township Committee, shall appoint one (1) 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 Committee, 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.

D. The ADA Coordinator shall be appointed as a member of the ADA Advisory Board as provided for in § 7-2. The Deputy ADA Coordinator shall be appointed as "Alternate No. 1" of the Board as provided for in § 7-2.

E. The term of office for the ADA Coordinator and Deputy ADA Coordinator shall be for one (1) year, commencing on January 1st of the year of appointment and ending on December 31st of the year of appointment.

§ 7-6 Americans with Disability Act (ADA) Advisory Board.

There is hereby established an American Disabilities Act Advisory Board for the Township of Lacey. Members to the Board shall be appointed and perform their duties in accordance with Article I of this chapter.

§ 7-7 Notice.

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 Lacey. 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.

§ 7-8 Grievance procedure.

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 fifteen (15) days after the alleged violation. The ADA Coordinator shall forward a copy of any written complaint received to the Mayor and Township Committee;

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 thirty (30) days after the date of the hearing on the complaint. A copy of said determination shall be provided to the Mayor and Township Committee;

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 (7) days after receipt of the written answer. A hearing shall be scheduled within seven (7) days after receipt of the grievance appeal. The hearing granted by the ADA Advisory Board will take place within fifteen (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 fifteen (15) days from the date of filing of the appeal and thereafter, make the appropriate written report to the Mayor and Township Committee setting forth its findings and recommendations. The Mayor and Township Committee 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.

§ 7-9 Self-evaluation.

A. The ADA Advisory Board shall evaluate all Township programs and services to insure 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 (3) years.

§ 7-10 Maintenance of accessible features.

A. The Township shall maintain in proper working condition those features of facilities and equipment that are required to be accessible and usable by persons with disabilities.

B. This section of the Township Code shall not be interpreted to prohibit reasonable shut down times for repairs.

§ 7-11 Employment.

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.

§ 7-12 Program accessibility.

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.

§ 7-13 Communications.

A. The Township shall take whatever steps may be necessary to insure 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 § 7-7 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.