[HISTORY: Adopted by the Mayor and Council of the Borough of Kenilworth 2-13-2008 by Ord. No. 2008-01. Amendments noted where applicable.]
Personnel policies — See Ch. 37.
Editor's Note: This ordinance was originally adopted as Ch. 54 but was renumbered to maintain the organization of the Code.
The purpose of this chapter is to establish compliance with the Americans With Disabilities Act, and to designate Americans With Disabilities Act Coordinators, and to establish an Americans With Disabilities Act Advisory Board.
The Mayor, with the consent of the Borough Council, shall appoint one Borough of Kenilworth employee to serve with the Borough Attorney as the 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.
The Borough Clerk shall make the name, office address and telephone number of the ADA Coordinator available to any interested individuals.
The Mayor, with the consent of the Borough Council, may appoint an individual to serve as the Deputy ADA Coordinator. The Deputy ADA Coordinator shall assist the ADA Coordinator and perform such duties as required by the ADA Coordinator.
The ADA Coordinator shall be appointed and serve with members of the ADA Advisory Board as provided for in § 7-3 of this chapter.
The term of office for the ADA Coordinator and Deputy ADA Coordinator shall be for one year, commencing on January 1 of the appointment and ending on December 31 of the year of appointment.
There is hereby established an Americans With Disabilities Act Advisory Board of the Borough of Kenilworth. Three residents of the Borough of Kenilworth shall be appointed by the Mayor with notice to the Council to become advisory members of the Board for a period of two years. These advisory members shall perform their duties as advisors to the ADA Coordinator and Deputy ADA Coordinator (if such Deputy Coordinator is appointed) in accordance with this chapter of the Code for the Borough. The Americans With Disabilities Act (ADA) Advisory Board shall meet no less than once every month during the term of its appointment. All such meetings shall be with notice to the public.
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 Kenilworth. This information shall be provided in a manner consistent with the federal rules for effective communication.
The Borough may fulfill this requirement by publication of information in handbooks, manuals or pamphlets which describe the Borough's programs and activities and/or by the display of posters in service centers and other public places or the broadcast of information on radio or television.
The ADA Advisory Board shall evaluate all Borough programs and services to ensure equal opportunity and equal access.
The ADA Advisory Board shall distribute the self-evaluating plan and permit comment thereon by all interested parties.
The self-evaluation shall in all respects comply with the federal rules adopted pursuant to the ADA and shall be kept on file by the Borough Clerk for a period of three years.
The hiring practices of the Borough shall not discriminate against persons with disabilities unless provided for by law.
All job descriptions shall precisely and accurately describe the essential functions of the job performed by each employee.
Job applications shall pertain strictly to job performance.
All job interviews shall be limited to questions concerning the applicant's ability to perform the job.
The interviewer shall not inquire about disabilities or conduct tests that screen out people with disabilities.
Questions about the applicant's addiction to alcohol or drugs shall not be asked.
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 examination or inquiry or inquiries, all entering employees in the same job category shall be subjected to the examination or inquiry regardless of disability.
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 if the individual is ultimately hired.
Persons with mental or physical disabilities are eligible as long as they can perform the essential functions of the job after reasonable accommodation to their known limitations has been made. If the accommodation cannot be made because it would cause the employer undue hardship, such person may not be eligible.
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.
The Borough shall make reasonable accommodations to its facilities as required by the ADA.
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:
Identification of physical obstacles in the Borough's facilities that limit the accessibility of its programs or activities to individuals with disabilities;
Description in detail of the methods that will be used to make the facilities accessible;
Specification of the schedule for taking the necessary steps to achieve compliance;
Identification of the official responsible for implementation of the plan; and
The rationale as to why certain Borough facilities cannot be made accessible.
Effective immediately, the new construction and alteration provisions of the ADA and the regulations adopted pursuant thereto shall apply to Borough construction.
The Borough 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.
Auxiliary aids and/or 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.
The Borough shall, as soon as reasonably possible, equip emergency systems with telecommunications devices for the deaf (TDDs) and computer modems.
All Borough communications required by § 7-4 of this chapter shall comply with the communication requirements of the ADA and the regulations adopted pursuant thereto.
The Borough shall place an appropriate access statement on all public communications.