SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
THE CITY OF PROVIDENCE, RHODE ISLAND
UNDER THE AMERICANS WITH DISABILITIES ACT
DJ 204-66-47
BACKGROUND
SCOPE
OF THE INVESTIGATION
The United
States Department of Justice (Department) initiated this matter as a compliance
review of the City of Providence,
Rhode Island (City) 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 City 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 City’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 City’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 City’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 City’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:
Public Safety Complex and Roger
Williams Park and Zoo.
The
Department’s program access review covered those of the City’s programs,
services, and activities that operate in the following facilities: City
Hall, Office of Inspections and Standards,
Paul Cabral Water Park, and Vincent Brown Recreation Center.
The
Department reviewed the City’s policies and procedures regarding voting,
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 City’s policies and procedures regarding providing
effective communication to persons who are deaf or hard-of-hearing.
JURISDICTION
1. The ADA applies to the City 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 City 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 City’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 City 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 City of Providence, Rhode Island.
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 CITY
7. The staff at the Roger Williams Park
provides persons who are blind or have low vision and persons who are deaf or
hard of hearing with auxiliary aids and services that allow them to experience
this facility. Braille and audio tape
presentations of zoo facts and information are available at the entrance to the
zoo.
8. The paddle boat and dock at the
Visitors Center of the Zoo are accessible.
9. The new Public Safety Center, with some
minor exceptions, was also accessible.
10. The Mayor’s Office for Citizen Concerns
provides assistance to citizens with disabilities in need of services.
11. The City has a designated ADA Coordinator
who responds to grievances.
12. The Mayor’s Advisory Commission assisted
the City in completing its Self-Evaluation and Transition Plan.
REMEDIAL ACTION
NOTIFICATION
13. Within six months of the effective date
of this Agreement, the City will adopt the attached Notice (Attachment A);
distribute it to all agency heads; publish the Notice in a local newspaper of
general circulation serving the City; 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.
14. Within six months of the effective date
of this Agreement, and on yearly anniversaries of this Agreement until it
expires, the City 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 City’s accessible programs,
services, and activities.
GRIEVANCE
PROCEDURE
15. Within six months of the effective date
of this Agreement, the City 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 COMMUNICATIONS PROVISIONS
16. Within six months of the effective date
of this Agreement, the City will identify sources of qualified sign language
and oral interpreters, real-time transcription services, and vendors that can
put documents in Braille, and will implement and report to the Department its
written procedures, with time frames, for fulfilling requests from the public
for sign language or oral interpreters, real-time transcription services, and
documents in alternate formats (Braille, large print, cassette tapes, etc.).
17. The City will take steps to ensure that
all appropriate employees are trained and practiced in using the Rhode
Island State Relay Service to make and receive calls.
9-1-1
18. Within twelve months of the effective
date of this Agreement, the City will ensure that each 9-1-1 call station is
equipped with a TTY or computer equivalent.
19. Within twelve months of the effective
date of this Agreement, the City will develop procedures for answering 9-1-1
calls that include training all call takers to use a TTY to take 9-1-1 calls,
to recognize a “silent” open line as a potential TTY call and respond by TTY,
and to ensure that TTY calls are answered as quickly as other calls received.
20. The City will monitor its incoming 9-1-1
TTY calls to ensure they are answered as quickly and accurately as other calls
received.
21. The City 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 City will implement
and report to the Department its evaluation and procedures within eighteen
months of the effective date of this Agreement.
LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION
22. Within six months of the effective date
of this Agreement, the City will adapt for its own use and
implement the Policy Statement on
Effective Communication with People Who are Deaf or Hard of Hearing [Attachment
C] and distribute to all police officers the Guide for Law Enforcement Officers When in
Contact with People Who are Deaf or Hard of Hearing [Attachment D].
23. Within six months of the effective date
of this Agreement, the City 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 police department or make other appropriate
arrangements (such as contracting directly with or hiring qualified
interpreters).
24. Within six months of the effective date
of this Agreement, the City will ensure that each police
station or substation and each jail or detention facility 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 City 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
25. Within six months of the effective date
of this Agreement, the City 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 City:
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 City’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
City 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.
C will make an individualized assessment of whether a qualified individual with a disability meets selection criteria for employment decisions. To the extent the City’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
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
26. If the City 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 City will
ensure that the other entity complies with the following provisions on its
behalf.
27. Within twelve months of the effective
date of this Agreement, the City will implement and report to the Department
its written procedures that ensure that it regularly solicits and incorporates
input from persons with a variety of disabilities and those who serve them
regarding all phases of its emergency management plan (preparation,
notification, response, and clean up).
28. Within twelve months of the effective
date of this Agreement, the City 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 City 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 City plan should address
accessible transportation needs for persons with disabilities.
29. Within twelve months of the effective
date of this Agreement, the City 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.
30. Within three months of the effective date
of this Agreement, the City will implement and report to the Department its
written procedures that ensure that at least one emergency shelter has a
back-up generator and a way to keep medications refrigerated (such as a
refrigerator or a cooler with ice).
Such shelter(s) will be made available to persons whose disabilities
require access to electricity and refrigeration, for example, for using
life-sustaining medical devices, providing power to motorized wheelchairs, and
preserving certain medications, such as insulin, that require
refrigeration. The written procedures
will include a plan for notifying persons of the location of such shelter(s).
31. Within eighteen months of the effective
date of this Agreement, the City will implement and report to the Department
its written procedures that ensure that persons who use service animals are not
separated from their service animals when sheltering during an emergency, even
if pets are normally prohibited in shelters.
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.
32. Some of the of the City’s emergency
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.
33. Within eighteen months of the effective
date of this Agreement and until all emergency shelters have accessible
parking, exterior routes, entrances, interior routes to the shelter area, and
toilet rooms serving the shelter area, the City will identify and widely
publicize to the public and to persons with disabilities and the organizations
that serve them the most accessible emergency shelters.
34. To the extent that the City 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 City 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
35. Within twelve months of the effective
date of this Agreement, the City will implement and report to the Department
its written process for soliciting and receiving input from persons with
disabilities regarding the accessibility of its sidewalks, including, for
example, requests to add curb cuts at particular locations.
36. Within six months of the effective date
of this Agreement, the City 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 City 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.
37. Within twelve months after the effective
date of this Agreement, the City 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.
38. Within three months of the effective date
of this Agreement, the City 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 City 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.
39. Beginning no later than six months after
the effective date of this Agreement, the City 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
40. Within three months of the effective date
of this Agreement, and on subsequent anniversaries of the effective date of
this Agreement, the City 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
City (Internet Personnel) the technical assistance document, “Accessibility of
State and Local Government Websites to People with Disabilities,” which is
Attachment H to this Agreement (it is also available at
www.ada.gov/websites2.htm).
41. Within six months of the effective date
of this Agreement, and throughout the life of the Agreement, the City 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
42. The elements or features of the City’s
facilities that do not comply with the Standards, including those listed in Attachments
I, J, and K, prevent persons with disabilities from fully and equally enjoying
the City’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.
43. The City will comply with the cited
provisions of the Standards when taking the actions required by this Agreement.
44. Within eighteen months of the effective
date of this Agreement, the City 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.
45. Newly Constructed Facilities: In order to ensure that the following spaces
and elements in City facilities, for which construction was commenced after
January 26, 1992, are readily accessible to and usable by persons with
disabilities, the City will take the actions listed in
Attachment I.
46. Altered Facilities: In order to ensure that the following spaces
and elements in City facilities, for which alterations commenced after January
26, 1992, are readily accessible to and usable by persons with disabilities,
the City will take the actions listed in Attachment J.
47. Program Access in City Existing
Facilities: In order to ensure that
each of the City’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 City will
take the actions listed in Attachment K.
MISCELLANEOUS
PROVISIONS
48. Except as otherwise specified in this
Agreement, at yearly anniversaries of the effective date of this Agreement
until it expires, the City will submit written reports to the Department
summarizing the actions the City 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.
49. Throughout the life of this Agreement,
consistent with 28 C.F.R. § 35.133(a), the City 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).
50. Within six months of the effective date
of this Agreement, the City will develop or procure a two-hour training program
on the requirements of the ADA and appropriate ways of serving persons with
disabilities. The City 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.
51. Within one year of the effective date of
this Agreement, the City will deliver its training program to all City employees who have direct contact with
members of the public. At the end of
that period, the City 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
52. If at any time the City 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.
53. The Department may review compliance with
this Agreement at any time. If the
Department believes that the City 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 City 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 City, 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.
54. For purposes of the immediately preceding
paragraph, it is a violation of this Agreement for the City 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.
55. 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.
56. 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 City or the
Department on request.
57. 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 City’s continuing responsibility to comply with all aspects of the
ADA and section 504 of the Rehabilitation Act.
58. This Agreement will remain in effect for
three years. The person signing for the
City represents that he or she is authorized to bind the City to this
Agreement.
59. The effective date of this Agreement is
the date of the last signature below.
For the City of Providence, Rhode Island: By:
____________________________ DAVID
N. CICILLINE Mayor City
of Providence 25
Dorrance Street Providence,
Rhode Island 02904 Date: ___________________________ |
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 ELIZABETH L. BACON, Supervisory Attorney THOMAS ESBROOK, Investigator 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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