SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
ST. LOUIS COUNTY, MINNESOTA
UNDER THE AMERICANS WITH DISABILITIES ACT
DJ 204-39-141
BACKGROUND
SCOPE
OF THE INVESTIGATION
The United
States Department of Justice (Department) initiated this matter as a compliance
review of St. Louis County, Minn. (County) under title II of the Americans with
Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and the Department’s
implementing regulation, 28 C.F.R. Part 35.
Because the County receives financial assistance from the Department of
Justice, the review was also conducted under the authority of section 504 of
the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department’s
implementing regulation, 28 C.F.R. Part 42, Subpart G.
The review
was conducted by the Disability Rights Section of the Department’s Civil Rights
Division and focused on the County’s compliance with the following title II
requirements:
C to
conduct a self-evaluation of its services, policies, and practices by July 26,
1992, and make modifications necessary to comply with the Department’s title II
regulation, 28 C.F.R. § 35.105;
C to
notify applicants, participants, beneficiaries, and other interested persons of
their rights and the County’s obligations under title II and the Department’s
regulation, 28 C.F.R. § 35.106;
C to
designate a responsible employee to coordinate its efforts to comply with and
carry out the County’s ADA responsibilities, 28 C.F.R. § 35.107(a);
C to
establish a grievance procedure for resolving complaints of violations of title
II, 28 C.F.R. § 35.107(b);
C to
operate each program, service, or activity so that, when viewed in its
entirety, it is readily accessible to and usable by individuals with
disabilities, 28 C.F.R. § 35.150, by:
C delivery of services, programs, or activities in alternate ways, including, for example, redesign of equipment, reassignment of services, assignment of aides, home visits, or other methods of compliance or, if these methods are not effective in making the programs accessible,
C physical changes to buildings (required to have been made by January 26, 1995), in accordance with the Department’s title II regulation, 28 C.F.R. § 35.151, and the ADA Standards for Accessible Design (Standards), 28 C.F.R. pt. 36, App. A, or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101-19.6, App. A.
C to
ensure that facilities for which construction or alteration was begun after
January 26, 1992, are readily accessible to and usable by people with
disabilities, in accordance with 1) the Department’s title II regulation and 2)
the Standards or UFAS, 28 C.F.R. § 35.151;
C to
ensure that communications with applicants, participants, and members of the
public with disabilities are as effective as communications with others,
including furnishing auxiliary aids and services when necessary, 28 C.F.R. §
35.160;
C to
provide direct access via TTY (text telephone) or computer-to-telephone
emergency services, including 9-1-1 services, for persons who use TTY’s and
computer modems, 28 C.F.R. § 35.162;
C to
provide information for interested persons with disabilities concerning the
existence and location of the County’s accessible services, activities, and
facilities, 28 C.F.R. § 35.163(a); and
C to
provide signage at all inaccessible entrances to each of its facilities,
directing users to an accessible entrance or to information about accessible
facilities, 28 C.F.R. § 35.163(b).
As part of
its compliance review, the Department reviewed the following facilities, which – because construction or alterations
commenced after January 26, 1992 – must comply with the ADA’s new construction
or alterations requirements:
New
Construction:
Emergency
Operations Center – Duluth
Division
5 Public Works Joint Use Maintenance Facility – Duluth
New
County Jail – Duluth
Communications
Office – Virginia
Regional
Landfill Maintenance / Office – Virginia
Household
Hazardous Waste Facility – Virginia
Land
Department Office – Ely
Land
Department Office – Cook
Alterations:
County
Courthouse – Duluth
The Depot – Duluth (Leased to
others)
Chris Jensen Health and
Rehabilitation Center – Duluth
County Courthouse & Sheriff’s
Office / Jail – Virginia
County
Courthouse & Sheriff’s Office / Jail – Hibbing
Division 7 Public Works Office and
Maintenance Building – Hibbing
The
Department’s program access review covered those of the County’s programs,
services, and activities that operate in the following facilities:
Government
Services Center – Duluth
Land Department Office – Duluth
Northland Office Building – Virginia
Land Department Office – Virginia
Division 6 Public Works Office and
Maintenance Building – Virginia
Division 4 Public Works Office and
Maintenance Building – Ely
Transfer Station – Cook
Sheriff Rescue Squad North – Cook
Toolhouse – Cook
Division 3 Public Works Office and
Maintenance Building – Linden Grove
Sheriff Rescue Squad North – Pike /
Sandy River Area
Toolhouse – Cotton
The
Department reviewed the County’s policies and procedures regarding emergency
management and disaster prevention, and sidewalk maintenance to evaluate
whether persons with disabilities have an equal opportunity to utilize these
programs.
Finally,
the Department reviewed the County’s Sheriff’s Department’s policies and
procedures regarding providing effective communication to persons who are deaf
or hard-of-hearing.
JURISDICTION
1. The ADA applies to the County because it is a “public entity” as defined by title II. 42 U.S.C. § 12131(1).
2. The Department is authorized under 28
C.F.R. Part 35, Subpart F, to determine the compliance of the County with title
II of the ADA and the Department's title II implementing regulation, to issue
findings, and, where appropriate, to negotiate and secure voluntary compliance
agreements. Furthermore, the Attorney
General is authorized, under 42 U.S.C. § 12133, to bring a civil action
enforcing title II of the ADA should the Department fail to secure voluntary compliance
pursuant to Subpart F.
3. The Department is authorized under 28
C.F.R. Part 42, Subpart G, to determine the County’s compliance with section
504 of the Rehabilitation Act of 1973, to issue findings, and, where
appropriate, to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is
authorized, under 29 U.S.C. § 794 and 28 C.F.R. §§ 42.530 and 42.108-110, to
suspend or terminate financial assistance to the County provided by the
Department of Justice should the Department fail to secure voluntary compliance
pursuant to Subpart G or to bring a civil suit to enforce the rights of the
United States under applicable federal, state, or local law.
4. The parties to this Agreement are the
United States of America and the St. Louis County, Minnesota.
5. In order to avoid the burdens and
expenses of an investigation and possible litigation, the parties enter into
this Agreement.
6. In consideration of, and consistent
with, the terms of this Agreement, the Attorney General agrees to refrain from
filing a civil suit in this matter regarding all matters contained within this
Agreement, except as provided in the section entitled “Implementation and
Enforcement.”
ACTIONS TAKEN BY COUNTY
7. Employment policy prohibiting
discrimination: The County has a policy
prohibiting discrimination, harassment, and retaliation in place. This policy covers employees as well as
County facilities, programs, and services.
This policy also establishes a procedure for the filing of complaints by
employees.
8. Self Evaluation: The County contracted
with an architectural firm to conduct a space study in 1994, in part to assess
compliance of certain facilities with the ADA.
In 1995, the County Administrator then directed Department Heads to
incorporate recommendations into the operating budgets of the various County
Departments.
9. Security and Emergency Preparedness
Measures: The County Sheriff’s Department met and consulted with several
disability-related organizations to get their input while developing its
emergency-preparedness plans and procedures.
10. Forms in alternative formats: The County, through the State of Minnesota,
makes some of its forms available in alternative formats to people with
disabilities.
11. 9-1-1 Call Center: The County has
provided a TTY at each of its 9-1-1 work stations, and regularly trains its
employees on the use of these TTYs. In
addition, the County tests each of these TTYs on a weekly basis.
12. New County Jail:
A. The New County Jail, constructed after
the effective date of the ADA, has in large measure been designed and
constructed in compliance with the ADA.
Its visitors areas and toilet rooms are in compliance with the
Standards, except for a number of minor omissions. The County Jail contain cells that are accessible to people with
disabilities, including accessible toilet facilities, a wider doorway for
wheelchairs, and buttons with signage containing Braille characters. In the area where visitors communicate with
inmates, the County constructed booths that are larger to accommodate
wheelchairs, with electric outlets for use with TTYs. All counters in the visitors and inmates areas are accessible to
individuals who use wheelchairs.
B. The County has taken actions to ensure
that the programs provided at the County Jail are accessible to people with
disabilities. There are numerous books
on tape, and sign language interpreters are provided when required.
13. County Courthouse at Duluth:
A. The County has installed accessible
signage at nearly all doorways, using a County-owned machine to create Braille
lettering on signage.
B. The Law Library provides service for
translation of print to Braille, and has a table that can have its height
adjusted as needed. In addition,
service is provided to individuals with disabilities upon request.
14. The Depot: The NSS Scenic Railroad Museum within the Depot has a portable
lift for people with disabilities to board exhibit trains.
REMEDIAL ACTION
NOTIFICATION
15. Within two months of the effective date
of this Agreement, the County will adopt or incorporate into existing County policies
the attached Notice (Attachment A); distribute it to all agency heads; publish
the Notice in a local newspaper of general circulation serving the County; post
the Notice on its Internet Home Page; and post copies in conspicuous locations
in its public buildings. It will
refresh the posted copies, and update the contact information contained on the
Notice, as necessary, for the life of this Agreement. Copies will also be provided to any person upon request.
16. Within three months of the effective date
of this Agreement, and on yearly anniversaries of this Agreement until it
expires, the County will implement and report to the Department its written
procedures for providing information for interested persons with disabilities
concerning the existence and location of the County’s accessible programs,
services, and activities.
GRIEVANCE
PROCEDURE
17. Within three months of the effective date
of this Agreement, the County will adopt the attached ADA Grievance Procedure
(Attachment B), distribute it to all agency heads, and post copies of it in
conspicuous locations in each of its public buildings. It will refresh the posted copies, and
update the contact information contained on it, as necessary, for the life of the
Agreement. Copies will also be provided
to any person upon request.
GENERAL
EFFECTIVE COMMUNICATION PROVISIONS
18. The County will take steps to ensure that
all appropriate employees are trained and practiced in using the Minnesota
Relay Service to make and receive calls.
9-1-1
19. The County will incorporate correct TTY
call-taking procedures into 9-1-1 call takers’ performance evaluations and will
amend its personnel policies to include written disciplinary procedures for
call takers who fail to perform TTY call-taking consistent with the training
and procedures. The County will
implement and report to the Department its evaluation and procedures within
three months of the effective date of this Agreement.
LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION
20. Within three months of the effective date
of this Agreement, the County will adapt for its own use and implement the St. Louis County, Minnesota Sheriff’s
Department Policy Statement on Effective Communication with People Who are Deaf
or Hard of Hearing (Attachment C) and distribute to all sheriff department
officers the Guide for Law Enforcement
Officers When in Contact with People Who are Deaf or Hard of Hearing
(Attachment D).
21. Within three months of the effective date
of this Agreement, the County will contract with one or more
local qualified oral/sign language interpreter agencies to ensure that the
interpreting services will be available on a priority basis, twenty-four hours
per day, seven days a week, to its sheriff department or make other appropriate
arrangements (such as contracting directly with or hiring qualified
interpreters).
22. Within three months of the effective date
of this Agreement, the County will ensure that each county-owned sheriff station
and
substation open to the public and each county-owned jail is equipped with a working TTY to
enable persons who are deaf, hard of hearing, or who have speech impairments to
make outgoing telephone calls. Where
inmate telephone calls are time-limited, the County will adopt policies
permitting inmates who use TTY’s a longer period of time to make those calls,
due to the slower nature of TTY communications compared with voice
communications.
EMPLOYMENT
23. Within three months of the effective date
of this Agreement, the County will amend its employment policies, as necessary,
to comply with the regulations of the U.S. Equal Employment Opportunity
Commission implementing title I of the Americans with Disabilities Act of 1990,
codified at 29 C.F.R. Part 1630. At
minimum, those policies will provide that the County:
C will not discriminate on the basis of disability in its hiring or employment practices.
C will not ask a job applicant about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. Medical examinations or inquiries may be made, but only after a conditional offer of employment is made and only if required of all applicants for the position.
C will make
reasonable accommodations for the known physical or mental limitations of a
qualified applicant or employee with a disability upon request unless the
accommodation would cause an undue hardship on the operation of the County’s
business. If an applicant or an
employee requests a reasonable accommodation and the individual's disability
and need for the accommodation are not readily apparent or otherwise known, the
County may ask the individual for information necessary to determine if the
individual has a disability-related need for the accommodation.
C will maintain any employee’s medical records separate from personnel files and keep them confidential[1].
C will make an individualized assessment of whether a qualified individual with a disability meets selection criteria for employment decisions. To the extent the County’s selection criteria have the effect of disqualifying an individual because of disability, those criteria will be job-related and consistent with business necessity.
VOTING
24. This agreement does not address the
accessibility of voting equipment or voting systems, including polling place
accessibility, or any modifications to polling-related policies and procedures
that may be necessary to ensure access for persons with disabilities.
EMERGENCY
MANAGEMENT PROCEDURES AND POLICIES
25. If the County contracts with another
entity, such as the American Red Cross or another local government, to provide
its emergency preparedness plans and emergency response services, the County
will ensure that the other entity complies with the following provisions on its
behalf.
26. Within three months of the effective date
of this Agreement, the County will implement and report to the Department its
written procedures that ensure that its community evacuation plans enable those
who have mobility impairments, vision impairments, hearing impairments,
cognitive disabilities, mental illness, or other disabilities to safely
self-evacuate or be evacuated by others.
Some communities are instituting voluntary, confidential registries of
persons with disabilities who may need individualized evacuation assistance or
notification. If the County adopts or
maintains such a registry, its report to the Department will discuss its
procedures for ensuring voluntariness, appropriate confidentiality controls,
and how the registry will be kept updated, as well as its outreach plan to
inform persons with disabilities of its availability. Whether or not a registry is used, the County plan should address
accessible transportation needs for persons with disabilities.
27. Within three months of the effective date
of this Agreement, the County will implement and report to the Department its
written procedures that ensure that if its emergency warning systems use sirens
or other audible alerts, it will also provide ways to inform persons with
hearing impairments of an impending disaster.
The use of auto-dialed TTY messages to pre-registered individuals who
are deaf or hard of hearing, text messaging, e-mails, open-captioning on local
TV stations and other innovative uses of technology may be incorporated into
such procedures, as well as lower-tech options such as dispatching qualified
sign language interpreters to assist with emergency TV broadcasts.
28. To the extent that the County provides
opportunities for post-emergency temporary housing to its residents, within 3
months of the effective date of this Agreement, it will develop, implement, and
report to the Department its plans for providing equivalent opportunities for
accessible post-emergency temporary housing to persons with disabilities. Within one year of the effective date of
this Agreement, the County will ensure that information it makes available
regarding temporary housing includes information on accessible housing (such as
accessible hotel rooms within the community or in nearby communities) that
could be used if people with disabilities cannot immediately return home after
a disaster if, for instance, necessary accessible features such as ramps or
electrical systems have been compromised.
SIDEWALKS
29. Within three months of the effective date
of this Agreement, the County will identify and report to the Department all
streets, roads, and highways that have been constructed or altered since
January 26, 1992. Paving, repaving, or
resurfacing a street, road, or highway is considered an alteration for the
purposes of this Agreement. Filling a
pothole is not considered an alteration for the purposes of this
Agreement. Within three years of the
effective date of this Agreement, the County will provide curb ramps
or other sloped areas complying with the Standards or UFAS at all intersections
of the streets, roads, and highways identified under this paragraph having
curbs or other barriers to entry from a street level pedestrian walkway.
30. Beginning no later than three months
after the effective date of this Agreement, the County will provide curb ramps
or other sloped areas complying with the Standards or UFAS at any intersection
having curbs or other barriers to entry from a street level pedestrian walkway,
whenever a new street, road, or highway is constructed or altered.
31. Within three months of the effective date
of this Agreement, the County will identify all street level pedestrian
walkways that have been constructed or altered since January 26, 1992. Paving, repaving, or resurfacing a walkway
is considered an alteration for the purposes of this Agreement. Within three years of the effective date of
this Agreement, the County will provide curb ramps or other sloped areas
complying with the Standards or UFAS at all places where a street level
pedestrian walkway identified under this paragraph intersects with a street,
road, or highway.
32. Beginning no later than three months
after the effective date of this Agreement, the County will provide curb ramps
or other sloped areas complying with the Standards or UFAS at all newly
constructed or altered pedestrian walkways where they intersect a street, road,
or highway.
WEB-BASED
SERVICES AND PROGRAMS
33. Within 1 month of the effective date of
this Agreement, and on subsequent anniversaries of the effective date of this
Agreement, the County will distribute to all persons – employees and
contractors – who design, develop, maintain, or otherwise have responsibility
for content and format of its website(s) or third party websites used by the
County (Internet Personnel) the technical assistance document, “Accessibility
of State and Local Government Websites to People with Disabilities,” which is
Attachment F to this Agreement (it is also available at
www.ada.gov/websites2.htm).
34. Within three months of the effective date
of this Agreement, and throughout the life of the Agreement, the County will do
the following:
A. Establish, implement, and post online a
policy that its web pages will be accessible and create a process for
implementation;
B. Ensure that all new and modified web
pages and content are accessible;
C. Develop and implement a plan for making
existing web content more accessible;
D. Provide a way for online visitors to
request accessible information or services by posting a telephone number or
e-mail address on its home page; and
E. Periodically (at least annually) enlist
people with disabilities to test its pages for ease of use.
PHYSICAL
CHANGES TO FACILITIES
35. The elements or features of the County’s
facilities that do not comply with the Standards, including those listed in
Attachments I, J, K, and L, prevent persons with disabilities from fully and
equally enjoying the County’s services, programs, or activities and constitute
discrimination on the basis of disability within the meaning of 42 U.S.C. §
12132 and 28 C.F.R. §§ 35.149 and 35.150.
36. The County will comply with the cited
provisions of the Standards when taking the actions required by this Agreement.
37. Within 12 months of the effective date of
this Agreement, the County will install signage as necessary to comply with 28
C.F.R. § 35.163(b), after having surveyed all facilities that are the subject
of this Agreement for the purpose of identifying those that have multiple
entrances not all of which are accessible.
38. Newly Constructed Facilities: In order to ensure that the following spaces
and elements in County facilities, for which construction was commenced after
January 26, 1992, are readily accessible to and usable by persons with
disabilities, the County will take the actions listed in
Attachment I.
39. Altered Facilities: In order to ensure that the following spaces
and elements in County facilities, for which alterations commenced after
January 26, 1992, are readily accessible to and usable by persons with
disabilities, the County will take the actions listed in
Attachment J.
40. Program Access in the County’s
Existing Facilities: In order to
ensure that each of the County’s programs, services, and activities operating
at a facility that is the subject of this Agreement, when viewed in its
entirety, is readily accessible to and usable by persons with mobility
impairments, the County will take the actions listed in
Attachment K.
PROGRAM MODIFICATIONS
41. Access to County Programs Housed in
Others’ Facilities: In order to
ensure that the County’s programs, services, and activities that are the subject
of this Agreement and that are operated by the County at facilities owned or
controlled by other entities, when viewed in its entirety, are readily
accessible to and usable by persons with mobility impairments, the County will
take the actions listed in Attachment L.
PROGRAMS FOR VICTIMS OF DOMESTIC ABUSE
42. If the County owns or operates any
Domestic Violence Programs, within three months of the effective date of this
Agreement, it will do the following:
A. Whatever written information is provided
regarding its Domestic Violence Programs will also be provided in alternate
formats, including Braille, large print, audio recording, and electronic
formats, upon request.
B. Enter into contracts or make other
arrangements with qualified sign language and oral interpreters to ensure their
availability when required for effective communication with persons who are
deaf or hard of hearing. The type of
aid that will be required for effective communication will depend on the
individual’s usual method of communication, and the nature, importance, and
duration of the communication at issue.
In many circumstances, oral communication supplemented by gestures and
visual aids, an exchange of written notes, use of a computer or typewriter, or
use of an assistive listening device may be effective. In other circumstances, qualified sign
language or oral interpreters are needed to communicate effectively with
persons who are deaf or hard of hearing.
The more lengthy, complex, and important the communication, the more likely
it is that a qualified interpreter will be required for effective communication
with a person whose primary means of communication is sign language or speech
reading.
C. If the County’s Domestic Violence
Programs operate a hotline to take telephone calls of an emergency nature, the
County shall ensure that it provides equivalent service for persons who use
TTY’s, including providing direct-connection service for TTY users with hotline
operators, without requiring TTY users to call through a third party operator,
such as through the state or local Telecommunication Relay Services. The County will obtain the necessary
equipment, establish the written procedures, and provide the training necessary
to ensure effective communication by Hotline staff with direct-connection
callers using TTY’s, as well as the training necessary to respond to callers
who use the Telecommunication Relay Services.
D. Survey facilities used as shelters or
designated as potential shelters – or for counseling, job training, education,
clothing or household provisioning, or other aspects of Domestic Violence
Programs – to ensure that adequate arrangements are available for potential
clients and family members with disabilities, including adults and children who
have mobility impairments, who are blind or have low vision, and who are deaf
or hard of hearing. Within one year of
the effective date of this Agreement, modify each such facility to remove the
barriers or, alternatively, procure another, fully accessible facility to
ensure that potential clients and family members with disabilities have
integrated options when participating in a sheltering or other Domestic
Violence program. Nothing in this
Agreement requires any modifications that would compromise the confidentiality
of a shelter or counseling center.
Until there is a sufficient stock of accessible housing and other
facilities within the sheltering program, the County will implement written
procedures ensuring that it has identified temporary accessible housing (such
as accessible hotel rooms within the community or in nearby communities) and
other facilities that could be used if people with disabilities need sheltering
or inservice access to a Domestic Violence Program. The cost to potential clients of being housed or otherwise served
in alternate accessible facilities shall not exceed any costs normally
attributed to clients of the County’s Domestic Violence Programs.
E. Implement written procedures and
modify, as appropriate, eligibility criteria, to ensure that no person with a
disability is turned away from a shelter or otherwise denied the opportunity to
benefit from the services of the County’s Domestic Violence Programs on the
basis of disability.
F. Implement written procedures to ensure
that persons with disabilities who use service animals are not denied or
discouraged from participating in Domestic Violence Programs, are able to be
housed and served in an integrated environment, and are not separated from
their service animals while participating in the County’s Domestic Violence
Programs even if pets are normally not permitted in the facilities where such
programs are conducted. The procedures
will not unnecessarily segregate persons who use service animals from others
but may take into account the potential presence of persons who, for safety or
health reasons, should not be in contact with certain types of animals. If the County’s Domestic Violence Programs
require clients to make any payments for shelter or other services they
provide, clients shall not be required to make additional payments because they
or their family members use service animals.
G. Implement written procedures to ensure
that reasonable modifications are made to the County’s Domestic Violence
Programs when necessary for a client or family member with a disability to
participate in such Programs, unless doing so would fundamentally alter the
nature of the program.
H. Implement written policies to ensure
that despite any “drug-free” policy of the County’s Domestic Violence Programs,
persons with disabilities who use medication prescribed for their use are able
to continue using such medication while participating in such Programs or being
housed in a shelter.
43. If the County contracts with another
entity to provide or operate programs that provide shelter, counseling, or
other assistance or supportive services to victims of domestic violence or
abuse and their families (hereafter referred to as “Domestic Violence
Programs”), it will ensure that the
other entity complies with the preceding provisions on its behalf. If that entity will not comply with the
following provisions, the County will nonetheless take all necessary steps to
ensure that its program is accessible to persons with disabilities.
44. Some of the of the County’s shelters may be owned or operated by
other public entities subject to title II or by public accommodations subject
to title III and, as such, are subject to the obligation to provide program
access or remove barriers to accessibility under the ADA. This Agreement does not limit such future
enforcement action against the owners or operators of these facilities by any
person or entity, including the Department.
45. This Agreement shall not be construed to
require the County to divulge confidential information relating to the location
or existence of any Domestic Violence Programs, beyond what is otherwise
required by applicable law or what is necessary for the Department to
effectively enforce this Agreement.
MISCELLANEOUS
PROVISIONS
46. Except as otherwise specified in this
Agreement, at yearly anniversaries of the effective date of this Agreement
until it expires, the County will submit written reports to the Department
summarizing the actions the County has taken pursuant to this Agreement. Reports will include detailed photographs
showing measurements, architectural plans, work orders, notices published in
the newspaper, copies of adopted policies, and proof of efforts to secure
funding/assistance for structural renovations or equipment.
47. Throughout the life of this Agreement,
consistent with 28 C.F.R. § 35.133(a), the County will maintain the
accessibility of its programs, activities, services, facilities, and equipment,
and will take whatever actions are necessary (such as routine testing of
accessibility equipment and routine accessibility audits of its programs and
facilities) to do so. This provision
does not prohibit isolated or temporary interruptions in service or access due
to maintenance or repairs. 28 C.F.R. §
35.133(b).
48. Within six months of the effective date
of this Agreement, the County will develop or procure a training program on the
requirements of the ADA and appropriate ways of serving persons with
disabilities. The County will use the
ADA technical assistance materials developed by the Department and will consult
with interested persons, including individuals with disabilities, in developing
or procuring the ADA training program.
49. Within two years of the effective date of
this Agreement, the County will deliver its training program to all County
employees who have direct contact with members of the public. At the end of that period, the County will
submit a copy of its training curriculum and materials to the Department, along
with a list of employees trained and the name, title, and address of the trainer.
IMPLEMENTATION AND ENFORCEMENT
50. If at any time the County desires to
modify any portion of this Agreement because of changed conditions making
performance impossible or impractical or for any other reason, it will promptly
notify the Department in writing, setting forth the facts and circumstances
thought to justify modification and the substance of the proposed
modification. Until there is written
Agreement by the Department to the proposed modification, the proposed
modification will not take effect.
These actions must receive the prior written approval of the Department,
which approval will not be unreasonably withheld or delayed.
51. The Department may review compliance with
this Agreement at any time. If the
Department believes that the County has failed to comply in a timely manner
with any requirement of this Agreement without obtaining sufficient advance
written agreement with the Department for a modification of the relevant terms,
the Department will so notify the County in writing and it will attempt to
resolve the issue or issues in good faith.
If the Department is unable to reach a satisfactory resolution of the
issue or issues raised within 30 days of the date it provides notice to the
County, it may institute a civil action in federal district court to enforce
the terms of this Agreement, or it may initiate appropriate steps to enforce
title II and section 504 of the Rehabilitation Act.
52. For purposes of the immediately preceding
paragraph, it is a violation of this Agreement for the County to fail to comply
in a timely manner with any of its requirements without obtaining sufficient
advance written agreement with the Department for an extension of the relevant
time frame imposed by the Agreement.
53. Failure by the Department to enforce this
entire Agreement or any provision thereof with regard to any deadline or any
other provision herein will not be construed as a waiver of the Department's
right to enforce other deadlines and provisions of this Agreement.
54. This Agreement is a public document. A copy of this document or any information
contained in it will be made available to any person by the County or the
Department on request.
55. This Agreement constitutes the entire
agreement between the parties on the matters raised herein, and no other
statement, promise, or agreement, either written or oral, made by either party
or agents of either party, that is not contained in this written Agreement
(including its Attachments, which are hereby incorporated by reference), will
be enforceable. This Agreement does not
purport to remedy any other potential violations of the ADA or any other
federal law. This Agreement does not
affect the County’s continuing responsibility to comply with all aspects of the
ADA and section 504 of the Rehabilitation Act.
56. This Agreement will remain in effect for three years.
57. The person signing for the County
represents that he or she is authorized to bind the County to this Agreement.
58. The effective date of this Agreement is
the date of the last signature below.
For the County:
By:
____________________________ PEG
SWEENEY,
Chair of St. Louis County Board
By:
____________________________ DONALD
DICKLICH,
St. Louis County Auditor
By:
____________________________ DANA
FREY,
St. Louis County Administrator
By:
____________________________ TIMOTHY
TYSDAL,
Assistant St. Louis County Attorney
Date: ___________________________
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For the United States:
BRADLEY J. SCHLOZMAN,
Acting Assistant Attorney General for
Civil Rights
By:_____________________________
JOHN L. WODATCH, Chief
JEANINE WORDEN, Deputy Chief
MARY LOU MOBLEY, Senior Counsel
JOSHUA MENDELSOHN, Supervisory Attorney
MARK J. MAZZ, Architect
MICHELE ANTONIO MALLOZZI, Architect
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section - NYA
Washington, DC 20530
Date: ______________________________
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[1] The use of the term “confidential” is used in its ordinary sense and is not to be construed in accordance to the Minnesota Data Practices Act.