SETTLEMENT
AGREEMENT BETWEEN
THE UNITED STATES
OF AMERICA
AND
THE CITY OF
MUSKEGON, MICHIGAN
UNDER THE
AMERICANS WITH DISABILITIES ACT
DJ 204-38-109
Press Release
Fact Sheet
BACKGROUND
SCOPE OF THE
INVESTIGATION
The United States Department of Justice (Department)
initiated this matter as a compliance review of the City of Muskegon 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.
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:
- 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;
- 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;
- 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);
- to establish a
grievance procedure for resolving complaints of violations of title II, 28
C.F.R. § 35.107(b);
- 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. §§
35.149 - 35.150, by:
- 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,
- 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. §§ 35.150 and
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.
- 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;
- 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;
- to provide
direct access via TTY (text telephone) or computer-to-telephone emergency
services, including 9-1-1 services, for persons who use TTYs and computer
modems, 28 C.F.R. § 35.162;
- 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
- 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: Beachwood Park, Monet
Garden, Fire Station 4, Central Fire Station/9-1-1 Call Center, Cross Lake
Express Ferry Terminal, and L.C. Walker Arena.
The Department´s program access review covered those of
the City´s programs, services, and activities that operate in the following
facilities: Aadmodt
Park, Beukema
Park, City
Hall, Muskegon
Police Station, Pere Marquette Park, Muskegon Farmers Market,
Fishermans´ Landing,
St. Joseph Park,
Indian Cemetery,
Clara Shepherd Park,
Margaret Drake Elliott Park, Hartshorn
Marina, Smith Ryerson Community
Center/Park, Veterans Memorial
Park, O. A. Seyferth Park, Grand Truck Launch Ramp, Donald J. Campbell Park,
Norman F. Kruse Park, Filtration Plant Campus, Lakeside Cemetery Office and
Storage, Reese Park, Sheldon Park Shelter, McGraft Park and Community Center,
Public Service Building, CW Marsh Field, Evergreen Cemetery/Mausoleum, and
McCrea Playfield.
The Department conducted a program access review of the
following polling places: Marquette
School, Steele Middle School, Oakview School, Smith-Ryerson, McLaughlin School,
Hackley Administration, Moon School, Nelson School, Fire Station #4, Glenside
School, McGraft Park and Community Center, Bunker Middle School, and Bluffton
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 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 Police
Department´s policies and procedures regarding providing effective
communication to persons who are deaf or hard-of-hearing.
JURISDICTION
- The
ADA applies to the City because it is a "public entity" as defined by title II.
42 U.S.C. § 12131(1).
- 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.
- The
parties to this Agreement are the United States of America and the City of
Muskegon.
- In
order to avoid the burdens and expenses of an investigation and possible
litigation, the parties enter into this Agreement.
- 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 THE CITY OF MUSKEGON
- The
City appointed an ADA Coordinator in 2007. Prior to that time, the City Clerk
coordinated requests for reasonable accommodations for community meetings and
polling places.
- The
City conducted a self-evaluation and transition plan in 2007.
REMEDIAL
ACTION
NOTIFICATION
- Within
two 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.
- Within
three 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
- Within
three 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 COMMUNICATION PROVISIONS
- Within
three 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, accessible electronic format (e.g., HTML), etc.).
- The
City will take steps to ensure that all appropriate employees are trained and
practiced in using the Michigan Relay Center to make and receive calls.
LAW ENFORCEMENT
AND EFFECTIVE COMMUNICATION
- Within
six months of the effective date of this Agreement, the City will adapt for its
own use and implement the Muskegon Police Department´s Policy Statement on
Effective Communication with People Who are Deaf or Hard of Hearing (Attachment
C) and distribute to all police department officers the Guide for Law
Enforcement Officers When in Contact with People Who are Deaf or Hard of
Hearing (Attachment D).
- Within
three 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).
- Within
three months of the effective date of this Agreement, the City will ensure that
each police station or substation 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 TTYs a longer period of
time to make those calls, due to the slower nature of TTY communications
compared with voice communications.
EMPLOYMENT
- Within
three 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:
- will not discriminate on the
basis of disability in its hiring or employment practices.
- 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.
- 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.
- will maintain any employee´s
medical records separate from personnel files and keep them confidential.
- 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.
POLLING
PLACES
- Some
of the City 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 future
enforcement action against the owners or operators of these polling places by
any person or entity, including the Department.
- Before
designating any site as a new polling place, the City will survey the site
using the survey instrument at Exhibit F to determine whether the site contains
barriers to access by people with disabilities in the parking, exterior route
to the entrance, entrance, interior route to the voting area, or voting area.
The City will not designate any such site as a polling place until all such
barriers have been removed.
- The
Department surveyed certain of City´s polling places. Barriers to access at
such polling places owned by the City and the dates by which the City will
remove barriers are noted in Attachments I, J, and K.
- Barriers
to access at the polling places not owned by the City which were surveyed by
the Department are noted in Attachment E. Within one month of the effective
date of this Agreement, the City will request in writing that each of the
owners and operators of the polling places listed in Attachment E remove the
noted barriers to access for persons with disabilities within one year of the
effective date of this Agreement. The City will provide a copy of the
Department's ADA Checklist for Polling Places (www.ada.gov/votingck.htm)
with the written request. The City will simultaneously send a courtesy copy of
the request to the Department.
- Within
3 months of the effective date of this Agreement, the City will survey all
facilities listed in Attachment E to determine whether the barriers noted have
been removed. If not, for each polling place that still contains inaccessible
parking, exterior route to the entrance, entrance, interior route to the voting
area, or voting area, the City will identify within 6 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 City will then take immediate
steps to change its polling place to the new location. Under this provision of
the Agreement, the City will ensure that barriers at each polling place
identified in Attachment E are either removed or a substitute accessible
polling place is in operation before the next election occurring more than 12
months after the effective date of this Agreement.
- Within
6 months of the effective date of this Agreement, using the survey instrument
at Attachment F, the City will survey all polling places not surveyed by the
Department to identify barriers to access by people with disabilities in the
parking, exterior route to the entrance, entrance, interior route to the voting
area, and voting area. Within 12 months of the effective date of this
Agreement, for each such polling place, the City will then either (1) ensure that
all barriers to access by people with disabilities have been removed or (2)
identify an alternate polling place with no barriers to access by people with
disabilities. That identification of accessible polling places will utilize
the survey instrument that appears as Attachment F to this Agreement. The City
will then take immediate steps to change each new inaccessible polling place to
a new accessible location. Under this provision of the Agreement, the City
will ensure that barriers at each polling place the Department did not survey
are either removed or a substitute accessible polling place is in operation
before the next election occurring more than 18 months after the effective date
of this Agreement.
- Until
all polling places in each precinct or voting district have accessible parking,
exterior routes, entrances, interior routes to the voting area, and voting
area, prior to each election, the City 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.
- Within
three months of the effective date of this Agreement, the City will provide
opportunities for same-day balloting for voters with disabilities whose
assigned polling place does not have accessible parking, exterior route to
entrance, entrance, interior route to the voting area, and voting area. The
method for providing these opportunities may include allowing the individual to
vote at another nearby location that is accessible, allowing individuals with
disabilities to 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), providing curbside voting at the
inaccessible polling place, or any other method that ensures that voters with
disabilities have the same degree of information available to them when casting
their ballots as others. If curbside assistance is provided and a polling place
official is not stationed outside to provide assistance to people with
disabilities in curbside voting, it must include a reliable, effective
mechanism by which individuals with disabilities can summon election officials
to provide curbside assistance without leaving their vehicles and ensure
prompt response and assistance with curbside voting from polling officials.
- Within
three months of the effective date of this Agreement, the City 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 City will
implement and report to the Department its plan to provide program access, which
may include allowing persons to register to vote through alternative means or
at alternative locations.
- Within
three months of the effective date of this Agreement, the City will make all
voter registration materials available in alternate formats, including Braille,
large print, audio tape, and accessible electronic format (e.g., HTML).
- Within
the month prior to the next election that utilizes the City´s polling places,
and at yearly anniversaries of the effective date of this Agreement until it expires,
the City 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
- The
Department will work collaboratively with the City to ensure that the City´s Emergency Operations Plan
(EOP) will be in compliance with ADA requirements. The touchstone for
compliance with ADA requirements relating to emergency management is Chapter 7
of the Department´s ADA Best Practices Tool Kit for State and Local
Government (ADA Tool Kit), which addresses in detail key ADA obligations that
apply to all aspects of emergency management, including planning, preparedness,
evacuation, shelters, medical and social services, lodging and housing
programs, recovery, and rebuilding.
- The
City is committed to compliance with the ADA requirements as described in
Chapter 7 of the ADA Tool Kit. The City
does not currently have an EOP, absent the evacuation of City Hall. Within 60 days
of the effective date of this Agreement, the City will revise its EOP with
respect to City Hall so that it conforms with Chapter 7 of the ADA
Tool Kit, and the City will provide a copy
of its revised EOP (including supporting documents) to the Department. The
Department will review the revised EOP to ensure compliance with title II of
the ADA and its implementing regulation. Should the City develop EOPs with
respect to any other program provided by the City, it shall comply with Chapter
7 of the ADA Tool Kit.
- 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.
- 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).
- 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
its community evacuation plans enable those who have mobility disabilities,
vision disabilities, hearing disabilities, 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.
- 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
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.
- 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
emergency shelters have a back-up generator and a way to keep medications
refrigerated (such as a refrigerator or a cooler with ice). Access to back-up
power and refrigeration at such shelters 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 shelters.
- 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 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.
- Within
eighteen months of the effective date of this Agreement, the City 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
- Within
six 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 ramps at particular locations.
- 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 five 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.
- 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 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.
- Within
six 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 five 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.
- 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
- Within
1 month 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).
- Within
three months of the effective date of this Agreement, and throughout the life
of the Agreement, the City will do the following:
- Establish,
implement, and post online a policy that its web pages will be accessible and
create a process for implementation;
- Ensure
that all new and modified web pages and content are accessible;
- Develop
and implement a plan for making existing web content more accessible;
- 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
- Periodically
(at least annually) enlist people with disabilities to test its pages for ease
of use.
NEW
CONSTRUCTION, ALTERATIONS, AND
PHYSICAL CHANGES TO FACILITIES
- The
City will ensure that all buildings and facilities constructed by or on behalf
of the City are constructed in full compliance with the requirements of 28
C.F.R. § 35.151, including applicable architectural standards.
- The
City will ensure that alterations to City facilities are made in full
compliance with the requirements of 28 C.F.R. § 35.151, including applicable
architectural standards.
- 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.
- The
City will comply with the cited provisions of the Standards when taking the
actions required by this Agreement.
- Within
three 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.
- 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 Attachments I and M.
- 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 Attachments J and M.
- Program
Access in 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 Attachments K and M.
- Facilities
and Programs Not Surveyed by the Department: The City will review
compliance with the requirements of title II of the ADA for those City
facilities and programs that were not reviewed by the Department. Within 12
months of the effective date of this Agreement, the City will submit for review
by the Department a detailed report listing the access issues identified during
its review together with the corrective actions and completion dates proposed
to resolve such issues. The review conducted by the City, the access issues
identified, and the corrective actions and completion dates proposed will be consistent
with the requirements of title II of the ADA; the review of City facilities and
programs conducted by the Department for purposes of this Agreement; and the
access issues, corrective actions, and completion dates reflected in
Attachments I, J, K, and M.
MISCELLANEOUS
PROVISIONS
- 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.
- All
materials sent to the Department pursuant to this Agreement shall be sent to
the following address by common carrier Federal Express, prepaid delivery:
Disability Rights Section, Attn: William Lynch, Civil Rights Division, U.S.
Department of Justice, 1425 New York Avenue, N.W., Washington, D.C. 20005. It
shall include a subject line referencing DJ# 204-38-109.
- 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).
- 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.
- 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
- 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.
- 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. Notification to the City shall be
accomplished by mail to the City Manager, City of Muskegon, 933 Terrace Street,
P.O. Box 536, Muskegon, Michigan 49443-0536. 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.
- 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.
- 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.
- 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.
- 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.
- This
Agreement will remain in effect for five years and six months, or until the
parties agree that all actions required by this Agreement have been completed,
whichever is later.
- The
person signing for the City represents that he or she is authorized to bind the
City to this Agreement.
- The
effective date of this Agreement is the date of the last signature below.
For the City:
By:
____________________________
STEPHEN J. WARMINGTON
Mayor
Date: __________________________
By: ____________________________
ANN MARIE BECKER
City Clerk
City of Muskegon
933 Terrace Street
P.O. Box 536
Muskegon, MI 49440
Date:
______September 14, 2010___
|
For the United States:
THOMAS E. PEREZ
Assistant Attorney General
SAMUEL L. BAGENSTOS
Principal Deputy Assistant Attorney General
Civil Rights Division
JOHN L. WODATCH, Chief
JEANINE M. WORDEN, Deputy Chief
DOV LUTZKER, Special Counsel
Civil Rights Division
Disability Rights Section
By:_____________________________
WILLIAM LYNCH, Trial Attorney
REX PACE, Architect
Disability Rights Section - NYA
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530
(202) 305-2008 (Lynch)
(202) 514-7821 (fax)
Date:
_______September 29, 2010______
|
|
|
![horizontal divider](https://webarchive.library.unt.edu/web/20121006233031im_/http://www.ada.gov/images/teeltow2.gif)
Return to Project Civic Access
ADA Home Page
last updated September 29, 2010