SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
CRITTENDEN COUNTY, ARKANSAS
UNDER THE AMERICANS WITH DISABILITIES ACT
DJ 204-9-63
BACKGROUND
SCOPE
OF THE INVESTIGATION
The United
States Department of Justice (Department) initiated this matter as a compliance
review of Crittenden County, Arkansas 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: Crittenden County Detention Facility and the
Crittenden County Communication Center.
The
Department’s program access review covered those of the County’s programs,
services, and activities that operate in the following facilities: Crittenden
County Court House, Crittenden County Old Health Center, Crittenden County
Office Building, Crittenden County Health Department.
The
Department conducted a program access review of the following polling places:
City of Edmonson, Crawfordsville City
Hall, Sunset City Hall, Marion Fire Department Station 1, 216th Military Police Guard Company, Avondale Elementary School,
Richland Elementary, Mid-South Community College, West Memphis High School,
Community Center, Faulk Elementary School, West Junior High School, West
Memphis Utilities, Neighborhood Center, Wonder Boys Club, Weaver School,
(Maddux Elementary School), Bond Marine Store, and Wonder Junior High
School. This review was limited to the
areas of the facilities used by the voting public: parking, the route from the parking area to the area used for
voting, and the area used for voting.
The
Department also conducted a program access review of the following facilities
that are designated as emergency shelters:
Horseshoe Lake Volunteer Fire Department, Earl City Hall Annex, and
Marion Fire Department Station 1. This
review was limited to the areas of the facilities used by members of the public
during an emergency: parking, the route
from the parking area to the area used as a shelter, the area used as a
shelter, and toilet facilities serving that area.
The
Department reviewed the County’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 County 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 Crittenden County, Arkansas.
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 CRITTENDEN COUNTY
7. The County has a policy of routine
maintenance of the detention cells which ensures that the walls are repainted,
when necessary, to maintain a clean and neat appearance of the cells.
REMEDIAL ACTION
NOTIFICATION
8. Within two months of the effective date
of this Agreement, the County will adopt the attached Notice (Attachment A);
distribute it to all agency heads; 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.
9. 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.
ADA
COORDINATOR
10. Within three months of the effective date
of this Agreement, the County will appoint or hire one or more ADA
Coordinator(s). The ADA Coordinator(s)
will coordinate the County’s effort to comply with and carry out its
responsibilities under the ADA, including any investigation of complaint
communicated to it alleging its noncompliance with title II or alleging any
actions that would be prohibited under title II. The County will make available to all interested individuals the
name(s), office address(es), and telephone number(s) of the ADA Coordinator(s).
GRIEVANCE
PROCEDURE
11. 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
12. Within three months of the effective date
of this Agreement, the County 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.).
13. The County will take steps to ensure that
all appropriate employees are trained and practiced in using the Arkansas Relay
Service to make and receive calls.
9-1-1
14. Within 18 months of the effective date of
this Agreement, the County will ensure that each 9-1-1 call station is equipped
with a TTY or computer equivalent.
15. Within 18 months of the effective date of
this Agreement, the County 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.
16. The County will monitor its incoming
9-1-1 TTY calls to ensure they are answered as quickly and accurately as other
calls received.
17. 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
18. Within six months of the effective date
of this Agreement, the County will adapt for its own use and implement the
Crittenden County Sheriff’s Office’s 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].
19. Within six 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).
20. Within six months of the effective date
of this Agreement, the County will ensure that each sheriff station or
substation and each 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
21. 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 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 County may ask the individual for information
necessary to determine if the individual has a disability-related need for the
accommodation.
C will maintain an 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 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
22. Some of the County polling places may be
owned or operated by other public entities subject to title II or by public
accommodations subject to title III and, as such, would be subject to the
obligation to provide program access or to remove barriers to accessibility
under the ADA. This Agreement does not
limit such future enforcement action against the owners or operators of these
polling places by any person or entity, including the Department.
23. Within three months of the effective date
of this Agreement, the County will request in writing that each of the owners
and operators of the polling places listed in Attachment E below will remove
the noted barriers to access for persons with disabilities and the County will
distribute to them the Department’s ADA Checklist for Polling Places
(www.ada.gov/votingck.htm). The request
will specify that the remediation be completed within one year of the effective
date of this Agreement. The County will
simultaneously send a courtesy copy of the request to the Department.
24. Within 14 months of the effective date of
this Agreement, the County will survey all facilities mentioned in
Attachment E
to determine whether the actions requested by the County have been
implemented. If not, for each polling
place that still contains inaccessible parking, exterior route, entrance, or
interior route to the voting area, the County will identify within 18 months of
the effective date of this Agreement an alternate location where these elements
are accessible. That identification
will utilize the survey instrument that appears as
Attachment F to this
Agreement. The County will then take
immediate steps to change its polling place to the new location.
25. Until all polling places in each precinct
or voting district have accessible parking, exterior routes, entrances, and
interior routes to the voting area, prior to each election, the County will
identify and widely publicize to the public and to persons with disabilities
and organizations serving them the most accessible polling place(s) for each
precinct or voting district.
26. Within three months of the effective date
of this Agreement, the County will provide opportunities for same-day balloting
for voters with disabilities whose assigned polling place does not have
accessible parking, exterior route, entrance, and interior route to the voting
area. The method for providing these opportunities
may include allowing the individual to vote at another nearby location that is
accessible, vote by an absentee ballot that is accepted if postmarked on the
day of the election (or picked up by election officials at the home of the
voter on the same day as the election), provide curbside voting at the
inaccessible polling place, or any other method that ensures that disabled
voters have the same degree of information available to them when casting their
ballots as others.
27. Within one year of the effective date of
this Agreement, the County will develop and implement a way for persons who are
blind or have low vision to vote independently and privately, whether through
ballots and instructions in alternate formats (in-person and absentee), Braille
templates and audio instructions, the provision of accessible voting machines,
or some other method.
28. Within three months of the effective date
of this Agreement, the County will survey its voter registration locations for
accessibility to persons with disabilities by using the form provided at
Attachment F and will report the results of this survey to the Department. If barriers to access are identified, the
County will implement and report the Department its plan to provide program
access, which may include allowing persons to register to vote through
alternative means or at alternative locations.
29. Within three months of the effective date
of this Agreement, the County will make all voter registration materials
available in alternate formats, including Braille, large print, audio tape, and
computer disk.
30. Starting three months from the effective
date of this Agreement, when the County purchases or otherwise acquires new
voting machines, one such newly-acquired machine per polling location will be
the most accessible model for persons with disabilities (including those with
mobility and visual impairments) that has been approved for County use by the
applicable governing authority (e.g., State Secretary of Elections or other
such official).
31. Starting three months from the effective
date of this Agreement, when setting up its voting equipment, the County will
ensure that the equipment’s accessibility to persons with disabilities is
maximized, such as setting up table-top equipment on accessible tables and
within the reach ranges required by the Standards, as shown in
Attachment F.
32. Within the month prior to the next
election that utilizes the County’s polling places, and at yearly anniversaries
of the effective date of this Agreement until it expires, the County will train
poll workers on the rights of people with disabilities and the practical
aspects of assuring those rights. The
training will cover, at minimum, the need to maintain the physical
accessibility of polling locations; how to assist people with disabilities, as
necessary; and how to operate any non-standard voting equipment or accessible
features of standard equipment (particularly new, accessible equipment).
EMERGENCY
MANAGEMENT PROCEDURES AND POLICIES
33. Emergency management is loosely coordinated
by the County’s Emergency Management Coordinator. However, each of the twenty municipalities within the County has
primary responsibility for emergency and disaster prevention, management,
notification, and mitigation.
34. The County does not own or operate any
emergency shelters. Some of the
emergency shelters used by County residents are 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.
35. Within three months of the effective date
of this Agreement, the County will send a written request to the appropriate
municipality regarding each shelter facility listed in
Attachment G will remove
the noted barriers to access for persons with disabilities. The request will specify that the
remediation be completed within one year of the effective date of this
Agreement. The County will
simultaneously send a courtesy copy of the request to the Department.
36. Within 14 months of the effective date of
this Agreement, the County will survey the shelters listed in
Attachment G to
determine whether the noted barriers have been removed. If not all barriers have been removed,
within 18 months of the effective date of this Agreement, the County will send
a second written request to the appropriate municipality to identify
appropriate alternate shelters where the parking, exterior routes, entrances,
interior routes to the shelter area, and toilet rooms to the shelter area
comply with the Standards.
37. Within three 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 County will request that the appropriate
municipalities identify and widely publicize to the public and to persons with
disabilities and the organizations that serve them the most accessible
emergency shelters.
SIDEWALKS
38. The County represents that it does not
have any responsibility for sidewalks within the incorporated parts of the
County. It further represents that
while it does have responsibility for sidewalks in the unincorporated, rural
parts of the county, there are no sidewalks nor does the County have any plans
to install sidewalks in these areas. In
the event that the County decides to install sidewalks in any part of the
County during the life of this Agreement, the County agrees to abide by
paragraphs 39 - 43, below.
39.
Within three months of the effective date of this Agreement, the County
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.
40. 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.
41. 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.
42. 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.
43. 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
44. The County represents that it does not
currently operate any web-based services or programs. In the event that the County decides to develop and operate any
web-based services or programs during the life of this Agreement, the County
agrees to abide by paragraphs 45 - 46, below.
45. 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 H to this Agreement (it is also available at
www.ada.gov/websites2.htm).
46. 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
47. 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.
48. The County will comply with the cited
provisions of the Standards when taking the actions required by this Agreement.
49. Within three 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.
50. 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.
51. 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.
52. Program Access in County 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
53. 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.
MISCELLANEOUS
PROVISIONS
54. 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.
55. 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).
56. Within six months of the effective date
of this Agreement, the County will develop or procure a two-hour 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.
57. Within one year 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
58. 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.
59. 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.
60. 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.
61. 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.
62. 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.
63. 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.
64. This Agreement will remain in effect for
three years.
65. The person signing for the County
represents that he or she is authorized to bind the County to this Agreement.
66. The effective date of this Agreement is
the date of the last signature below.
For the County: By:
____________________________ THE HONORABLE MILTON E. HOLT, County Judge 100 Court Street Marion, Arkansas 72364 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 NAOMI MILTON, Supervisory Attorney PAULA RUBIN, Investigator MARK J. MAZZ, Architect U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. Disability Rights Section - NYA Washington, DC 20530 Date: ______________________________ |
|
|