It is the intent of this article to establish
an internal grievance procedure providing for prompt and equitable
resolution of complaints alleging any action prohibited by the U.S.
Department of Justice regulations implementing Title II of the Americans
with Disabilities Act (hereinafter "ADA"). Title II states, in part,
that "no otherwise qualified disabled individual shall, solely by
reason of such disability, be excluded from the participation in,
be denied the benefits of, or be subjected to discrimination" in programs
or activities sponsored by the Township of West Milford.
A.
There is hereby established an ADA Compliance Committee
which shall be comprised of the Township Construction Official, the
Township Engineer, the Township Recreation Director, one representative
from the medical profession, and four Township residents from the
local disabled community, to be appointed by the Township Council.
(1)
The Township employees shall be permanent members
of the ADA Compliance Committee.
B.
The ADA Compliance Committee shall establish rules
and procedures for hearing complaints, requests, or suggestions from
disabled persons regarding access to and participation in public facilities,
services, activities and functions in the community.
Any person aggrieved by an alleged action done
in violation of the provisions of the Americans with Disabilities
Act shall be entitled to pursue the following procedures:
A.
A complaint regarding access, alleged discrimination
or a violation of the ADA shall be submitted, in writing, to the ADA
Coordinator.
B.
The complaint shall be filed within 180 days from
the date of the alleged discrimination or violation. The time for
filing the complaint may be extended for a period of 30 days for good
cause.
C.
The ADA Coordinator shall conduct an investigation
and render a written decision within 15 working days of the filing
of the complaint. A copy of the decision shall be forwarded to the
complainant.
D.
In the event that the complaint cannot be resolved
by the ADA Coordinator to the satisfaction of the complainant, the
complaint shall be forwarded to the ADA Compliance Committee.
E.
After notifying the complainant by certified mail,
the ADA Compliance Committee shall conduct a public hearing, at which
time the complainant may voice his objections to the decision of the
ADA Coordinator. The proceedings shall be recorded and the tape of
the proceeding maintained for a period of one year.
F.
In the event the complainant is not satisfied with
the decision of the ADA Compliance Committee, he/she may appeal the
decision to the Township Council of the Township of West Milford.
