[HISTORY: Adopted by the Mayor and Council of the Borough of Lavallette.
Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 45.
This chapter is hereby enacted pursuant to the Americans with Disabilities
Act (ADA).
Persons employed by the Borough of Lavallette in a position provided
by this chapter shall possess good health and freedom from disabling physical
and mental defects which impair the proper performance of the required duties,
or which might endanger the health and safety of oneself or others. Persons
with mental or physical disabilities are eligible as long as they can perform
the essential functions of the job position 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 Mayor, with the advice and consent of the Borough
Council, shall appoint one employee to serve as ADA Coordinator. The ADA Coordinator
shall be familiar with the requirements of the ADA and coordinate Borough
efforts to comply with and carry out Borough responsibilities under the ADA
and the rules promulgated pursuant thereto, including the investigation of
complaints alleging violations of the ADA.
B.
The Borough 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 Borough
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.
D.
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.
A.
The Borough 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 Borough of Lavallette. This information shall be provided in a manner
consistent with the federal rules for effective communication.
B.
The Borough may fulfill this requirement by publication
of information in handbooks, manuals or pamphlets which describe the Borough'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.
A.
General procedure.
(1)
The Borough has adopted an internal grievance procedure
providing for prompt and equitable resolution of grievances alleging any action
prohibited by the U.S. Department of Justice regulations implementing Title
11 of the Americans with Disabilities Act. Title 11 states, in part, that
”no otherwise qualified disabled individual shall, solely by reason
of such disability, be excluded from participation in, be denied the benefits
of or be subjected to discrimination” in programs or activities sponsored
by a public entity.
(2)
All grievances should be addressed to the Borough's
designated ADA Coordinator, who has been designated to coordinate ADA compliance
efforts, at the following address: ADA Coordinator, Borough of Lavallette,
1306 Grand Central Avenue, P.O. Box 67, Lavallette, New Jersey 08735.
(3)
A grievance may be filed in writing or orally, but should
contain the name and address of the person filing it, and briefly describe
the alleged violation. A form for this purpose is available from the designated
ADA Coordinator.
(4)
A grievance should be filed promptly within 30 days after
the grievant becomes aware of the alleged violation. (Processing of allegations
of discrimination which occurred before this grievance procedure was in place
will be considered on a case-by-case basis.)
(5)
An investigation, as may be appropriate, will follow
the filing of a grievance. The investigation will be conducted by the Borough's
designated ADA Coordinator. The rules contemplate informal but thorough investigations,
affording all interested persons and their representatives, if any, an opportunity
to submit evidence relevant to a grievance.
(6)
In most cases a written determination as to the validity
of the grievance and a description of the resolution, if any, will be issued
by the designated decision maker and a copy forwarded to the grievant no later
than 45 days after its filing.
(7)
The ADA Coordinator will maintain the files and records
of the agency relating to the grievances filed.
(8)
The right of a person to a prompt and equitable resolution
of the grievance filed hereunder will not be impaired by the person's
pursuit of other remedies such as the filing of an ADA grievance with the
responsible federal department or agency or the New Jersey Division on Civil
Rights. Use of this grievance procedure is not a prerequisite to the pursuit
of other remedies.
(9)
The rules will be construed to protect the substantive
rights of interested persons, to meet appropriate due process standards and
to assure that the agency complies with the ADA and implementing federal rules.
B.
Designated ADA Coordinator.
(1)
The designated coordinator of ADA compliance and complaint
investigation for the Borough is:
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ADA Coordinator
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Borough of Lavallette
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1306 Grand Central Avenue
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Lavallette, NJ 08735
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(2)
All inquiries regarding the Borough's compliance with the ADA and the availability of accommodation which would allow a qualified individual with a disability to receive services or participate in a program or activity provided by the agency should be directed to the designated coordinator identified in Subsection B(1) above.
C.
Grievance procedure. A grievance alleging that the agency has failed to comply with the ADA or has acted in a way that is prohibited by the ADA shall be submitted either in writing or orally to the designated ADA Coordinator identified in Subsection B within 30 days of the grievant becoming aware of the alleged violation.
D.
Grievance contents.
(1)
A grievance submitted pursuant to this section may be submitted in or on the form set forth at Subsection E.
(2)
A grievance submitted pursuant to this section shall
include the following information:
(a)
The name of the grievant and/or any alternate contact
person designated by the grievant to receive communication or provide information
for the grievant;
(b)
The address and telephone number of the grievant or alternate
contact person; and
(c)
A description of manner in which the ADA has not been
complied with or has been violated, including times and locations of events
and names of witnesses if appropriate.
E.
Grievance form.
(1)
The following form may be utilized for the submission
of a grievance pursuant to this subchapter:
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Americans with Disabilities Act Grievance Form
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Date:
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Name of grievant:
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Address of grievant:
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Telephone number of grievant:
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Name, address and telephone number of alternate contact person:
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Department alleged to have denied access:
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Please describe the particular way in which you believe you have been
denied the benefits of any service, program or activity or have otherwise
been subject to discrimination. Please specify dates, times and places of
incidents, and names and/or positions of employees or other persons involved,
if any, as well as names, addresses and telephone numbers of any witnesses
to any such incident. Attach additional pages necessary.
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Proposed access or accommodation:
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If you wish, describe the way in which you feel access may be had to
the benefits described above, or that accommodation could be provided to allow
access.
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(2)
A copy of the above form may be obtained by contacting
the designated ADA Coordinator identified.
F.
Investigation.
(1)
Upon receipt of a grievance submitted pursuant to this
section, the designated ADA Coordinator will notify the grievant of the receipt
of the grievance and the initiation of an investigation into the matter. The
designated ADA Coordinator will also indicate a date by which it is expected
that the investigation will be completed, which date shall not be later than
45 days from the date of receipt of the grievance, if practicable, or unless
a later date is agreed to by the grievant.
(2)
Upon completion of the investigation, the designated
ADA Coordinator shall prepare a report for review by the designated decision
maker for the Borough. The designated decision maker shall render a written
decision within 45 days of receipt of the grievance, if practicable, or unless
a later date is agreed to by the grievant, which decision shall be transmitted
to the grievant and/or the alternate contact person if so designated by the
grievant.
A.
The ADA Coordinator shall evaluate all Borough programs
and services to insure equal opportunity and equal access.
B.
The ADA Coordinator shall distribute the self-evaluation
plan and permit comment thereon by all interested parties.
C.
The ADA Coordinator shall in all respects comply with
the federal rules adopted pursuant to the ADA, and the self-evaluation shall
be kept on file for a period of three years.
A.
The hiring practices of the Borough 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 Borough shall not conduct medical examinations or
inquiries of job applicants prior to an offer of employment. The Borough 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 Borough. The Borough may condition an offer of employment on the
results of the medical examination or inquiry. If the Borough 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 Borough 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 Borough due to disability.
B.
The Borough shall make reasonable accommodations to its
facilities as required by the ADA.
C.
The Borough 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 Borough'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 Borough 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 Borough construction.
A.
The Borough 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 Borough's services, programs and activities.
C.
The Borough shall equip emergency systems with telecommunications
devices for the deaf (TDDs) and computer modems.
D.
All Borough communications, including the public notices required by § 5-4 of this chapter, shall comply with the communication requirements of the ADA and the regulations adopted pursuant thereto.
E.
The Borough shall place an appropriate access statement
on all public communications.
