Good Morning,

I am in receipt of a recent OPRA Request for information with respect to the employee designated as was it sometimes called an “ADA Compliance Officer” and the grievance procedures adopted in accordance with the Americans with Disabilities Act. Although the OPRA request indicates that this is a mandatory appointment, I have researched the allegation that such is required in the Township of Upper Freehold. Please note that 28 CFR Section 35.107 is entitled “Designation of Responsible Employee and Adoption of Grievance Procedures”. That regulation provides as follows:

§35.107 Designation of responsible employee and adoption of grievance procedures.

(a) Designation of responsible employee. A public entity that employs 50 or more persons shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part, including any investigation of any complaint communicated to it alleging its noncompliance with this part or alleging any actions that would be prohibited by this part. The public entity shall make available to all interested individuals the name, office address, and telephone number of the employee or employees designated pursuant to this paragraph.

(b) Compliant procedure. A public entity that employs 50 or more persons shall adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging any action that would be prohibited by this part.

We discussed that the Township does not employee at least 50 people (including full and part time individuals). Therefore, the requirement of the designation of such a responsible employee and the adoption of a complaint/grievance procedure is not required under the above Federal Regulation.

Your answer to the Request could be “No Such records Exist- See 28 CFR Section 35.107”.

If you require anything further or have any questions, please contact me.

Thank you,

Dana L. Tyler, RMC
Municipal Clerk
Upper Freehold Township
314 Route 539
Cream Ridge, NJ 08514
609-758-7738 x210
609-758-5630 - fax

-----Original Message-----
From: ASK NJ Media Co. [mailto:[OPRA #5501 email]]
Sent: Monday, May 20, 2019 12:51 PM
To: Dana Tyler
Subject: OPRA request - Americans With Disabilities Act

Dear Upper Freehold Township,

The records that I am requesting are as follows:

Please provide in PDF form.

Under the Americans with Disabilities Act of 1990 (42 U.S. C. 12131) a public entity shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under the Act. Please provide the name, office address, and telephone number of the employee that has been designated by your municipality under this requirement.

In addition, a public entity shall adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging any action that would be prohibited by the Act.

Yours faithfully,

ASK NJ Media Co.

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