[HISTORY: Adopted by the Mayor and Council of the Borough
of Kenilworth 2-13-2008 by Ord.
No. 2008-01.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Personnel policies — See Ch. 37.
[1]
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.
A.
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.
B.
The
Borough Clerk shall make the name, office address and telephone number
of the ADA Coordinator available to any interested individuals.
C.
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.
D.
The ADA Coordinator shall be appointed and serve with members of the ADA Advisory Board as provided for in § 7-3 of this chapter.
E.
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.
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 Kenilworth. 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 and/or by the display of posters in service
centers and other public places or the broadcast of information on
radio or television.
A.
The
ADA Advisory Board shall evaluate all Borough programs and services
to ensure equal opportunity and equal access.
B.
The
ADA Advisory Board shall distribute the self-evaluating 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 by the Borough
Clerk for a period of three years.
A.
The
hiring practices of the Borough shall not discriminate against persons
with disabilities unless provided for by law.
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 examination or inquiry or inquiries,
all entering employees in the same job category shall be subjected
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
if the individual is ultimately hired.
I.
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.
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)
Specification of the schedule for taking the necessary steps to achieve
compliance;
(4)
Identification of the official responsible for implementation of
the plan; and
(5)
The rationale as to 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 Borough
construction.
A.
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.
B.
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.
C.
The
Borough shall, as soon as reasonably possible, equip emergency systems
with telecommunications devices for the deaf (TDDs) and computer modems.
D.
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.
E.
The
Borough shall place an appropriate access statement on all public
communications.
