[HISTORY: Adopted by the Township Committee of the Township
of Eagleswood 10-23-1984 by Ord. No. 7-84 (Ch. 30 of the 1977 Township
Code); amended in its entirety at time of adoption of Code (see Ch.
1, General Provisions, Art. I). Subsequent amendments noted where
applicable.]
Persons employed by the Township of Eagleswood 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
Township Clerk shall 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.
A.
The
Township shall disseminate sufficient information to inform all interested
persons of the rights and protections afforded by the ADA and the
rules promulgated pursuant thereto related to the responsibilities
of the Township of Eagleswood. 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 by the broadcast of information on radio
or television.
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 180 days after the alleged violation. The ADA Coordinator
shall forward a copy of any written complaint received to the 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 disability.
H.
A
written determination shall be issued by the ADA Coordinator and a
copy forwarded by certified mail to the grievant no later than 30
days after the date of the hearing on the complaint. A copy of said
determination shall be provided to the Township Committee.
I.
If
the grievant is dissatisfied with the answer submitted by the ADA
Coordinator, the grievant may appeal the answer to the Township Committee
or its designated hearing officer within seven days after receipt
of the written answer. A hearing shall be scheduled within seven days
after receipt of the grievance appeal. The hearing granted by the
Township Committee will take place within 180 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
Township Committee or its designated hearing officer shall make its
determination regarding the appeal within 180 days from the date of
the hearing.
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.
A.
The
ADA Coordinator shall evaluate all Township programs and services
to ensure 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
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 years.
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.
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.
A.
The
Township shall take whatever steps may be necessary to ensure 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 (TDDs) and computer modems.
D.
All Township communications, including the public notices required by § 3-3 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.
