[HISTORY: Adopted by the Mayor and Council of the Borough of Norwood 5-5-1998 by Ord. No. 98:05]
GENERAL REFERENCES
Personnel — See Ch. 46.
The following words and terms, as used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:
ADA
The Americans with Disabilities Act, 42 U.S.C.A. § 12101 et seq.
AGENCY
The Borough of Norwood.
DESIGNATED DECISION MAKER
The Mayor and Council of the Borough of Norwood or its designee.
A. 
This chapter is adopted by the borough in satisfaction of the requirements of the ADA and regulations promulgated pursuant thereto, 28 C.F.R. § 35.107.
B. 
The purpose of this chapter is to establish a designated coordinator whose duties shall include assuring that the borough complies with and carries out its responsibilities under the ADA. Those duties shall also include the investigation of any complaint filed with the borough.
A. 
In addition to any other advice, assistance or accommodation provided, a copy of the following notice shall he given to anyone who inquires regarding the borough's compliance with the ADA or the availability of accommodation that would allow a qualified individual with a disability to receive services or participate in a program or activity provided by the agency:
NOTICE OF ADA PROCEDURE
The Borough of Norwood 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.
The internal grievance procedure can be found in the Borough Code, Chapter 18. Grievances should be addressed to the borough's designated ADA Coordinator, who has been designated to coordinate ADA compliance efforts, at the following address:
A.D.A. Coordinator Borough of Norwood 455 Broadway Norwood, New Jersey 07648
B. 
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. In cases of employment-related grievances, the procedures established by the Borough's personnel policies will be followed where applicable.[1]
[1]
Editor's Note: See Ch. 46, Personnel.
C. 
A grievance should be filed promptly within 30 days after the grievant becomes aware of the alleged violation. (Processing of allegations of discrimination that occurred before this grievance procedure was in place will be considered on a case-by-case basis.)
D. 
An investigation, as may be appropriate, will follow the filing of a grievance. The investigation will be conducted by the designated ADA Coordinator. This chapter contemplates informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a grievance.
E. 
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.
F. 
The ADA Coordinator will maintain the files and records of the Borough relating to the grievances filed.
G. 
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.
H. 
This chapter 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.
A. 
The office of Designated Coordinator of ADA compliance and complaint investigation for the borough is hereby created. The ADA Coordinator shall be appointed by the majority vote of the Borough Council.
B. 
All inquiries regarding the borough's compliance with the ADA and the availability of any accommodation that would allow a qualified individual with a disability to receive services or participate in a program or activity provided by the borough should be directed to the designated coordinator identified in Subsection A above.
C. 
All grievances alleging that the borough has failed to comply with or has acted in a way that is prohibited by the ADA should be directed to the Designated ADA Coordinator identified in this section in accordance with the procedures set forth in §§ 18-5 through 18-8 of this chapter.
A grievance alleging that the borough 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 within 30 days of the grievant becoming aware of the alleged violation. A grievance alleging employment discrimination will be processed pursuant to the borough's personnel policies, to the extent applicable.
A. 
A grievance submitted pursuant to this chapter may be submitted in or on the form set forth at § 18-7.
B. 
A grievance submitted pursuant to this chapter shall include the following information:
(1) 
The name of the grievant and/or any alternate contact person designated by the grievant to receive communication or provide information for the grievant;
(2) 
The address and telephone number of the grievant or alternate contact person; and
(3) 
A description of the manner in which the grievant alleges that ADA has not been complied with or has been violated, including times and locations of events and names of witnesses if appropriate.
The following form may be utilized for the submission of a grievance pursuant to this chapter:
Americans with Disabilities Act Grievance Form
Date:
Name of grievant:
Address of grievant:
Telephone number of grievant:
Name, address and telephone number of alternate contact person:
Where are you alleged to have been denied access?
Department:
Bureau or office:
Location:
Incident or barrier:
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 borough employees involved, if any, as well as names, addresses, and telephone numbers of any witnesses to any such incident. Attach additional pages if necessary.
Proposed access or accommodation:
If you wish, describe the way in which you feel access may be had to the benef its described above, or that accommodation could be provided to allow access.
A copy of the above form may be obtained by contacting the designated ADA coordinator.
A. 
Upon receipt of a grievance submitted pursuant to this chapter, 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.
B. 
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.