Grievance procedure for the Americans with Disabilities Act

This is the full resolution (19-0603-178) for the Borough’s grievance procedure under the Americans with Disabilities Act.

The Borough of Somerville has adopted 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 (“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, denied benefits of, or be subjected to discrimination” in programs or activities by a public entity.

Complaints should be addressed to:

• Kevin Sluka, Borough Administrator
• Borough of Somerville
• 25 West End Avenue
• Somerville, New Jersey 08876

Kevin Sluka has been designated to coordinate the Borough’s ADA compliance efforts.

The Borough of Somerville’s ADA grievance procedure shall be as follows:

1. A complaint should be filed in writing and contain the name and address of the person filing it and briefly describe the alleged violation of the regulations. Alternative means of filing complaints, such as personal interviews or tape recording of the complaint, will be made available for persons with disabilities upon request.
2. A complaint should be filed within twenty (20) calendar days, but in no event later than sixty (60) calendar days, after the complainant becomes aware of the alleged violation.
3. An investigation, as may be appropriate, shall follow the filing of the complaint within twenty (20) calendar days after receipt of the same. The ADA Coordinator, or designee, shall conduct the investigation and meet with the complainant to discuss the complaint and the possible resolutions. These rules contemplate informal but through investigations, affording all interested persons and their representative(s), if any, an opportunity to submit evidence relevant to a complaint.
4. Within fifteen (15) calendar days of the meeting, the ADA Coordinator or designee shall respond, with written determination, as the validity of the complaint and a description of options for substantive resolution of the complaint, if any, with a copy of same being forwarded to the complainant, in format accessible to the complainant.
5. The complainant may request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration shall be made within fifteen (15) calendar days of the date of the issuance of the written determination to the Borough of Somerville, ADA Coordinator c/o Borough Administrator of the Borough of Somerville, 25 West End Avenue, Somerville, New Jersey 08876. The ADA Committee shall consist of two (2) members of the Somerville Borough Council, appointed annually by the Borough Council by Resolution.
6. Within twenty (20) calendar days of the receipt of the request for reconsideration of the matter the ADA Committee shall meet with the complainant to discuss the complaint and possible resolutions. Within twenty (20) calendar days after the occurrence of the meeting, the ADA Committee shall respond in writing and, where, appropriate, in a format accessible to the complainant, with final resolution of the complaint.
7. The ADA Coordinator shall retain the files and records of the Borough of Somerville relating to complaints, requests for reconsideration, and any responses thereto filed for the last three (3) years after the initial complaint.
8. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person’s pursuit of other remedies, such as filing an ADA complaint with the responsible Federal Agency or Department. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.
9. These rules shall be construed to protect the substantive standards and to assure that the Borough of Somerville complies with the ADA and its implementing regulation.