SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE PINELLAS COUNTY SHERIFF'S OFFICE PINELLAS COUNTY, FLORIDA DEPARTMENT OF JUSTICE COMPLAINT NUMBER XXX This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act (ADA), 42 U.S.C.  12131-12134, with the United States Department of Justice (Department of Justice) against the Pinellas County Sheriff's Office (Sheriff's Office). The complainant, who is deaf, alleged that the Sheriff's Office did not secure the services of a qualified interpreter(s) when necessary to ensure effective communication with the complainant at the Pinellas County Jail. The complainant further alleged that the Sheriff's Office failed to provide him with a telecommunications device for the deaf (TDD) upon request to make outgoing calls. The Department of Justice is authorized under 28 C.F.R. Part 35, Subpart F, to investigate fully the allegations of the complaint in this matter to determine the compliance of the Sheriff's Office with title II of the ADA and the Justice Department's implementing regulation, issue findings, and, where appropriate, 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 of Justice fail to secure voluntary compliance pursuant to Subpart F. The parties to this Agreement are the United States of America and the Sheriff's Office. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter. The parties hereby agree as follows: 1. The Sheriff's Office does not admit by the signing of this Agreement that the operation of its current programs, services, and activities is in violation in any respect with the ADA or its implementing regulation. 2. The ADA applies to the Sheriff's Office because it is a public entity as defined in the Department of Justice's regulation implementing title II. 28 C.F.R.  35.104. 3. The Sheriff's Office, at all times relevant to this complaint, has had TDD's available at its corections facility for persons with hearing impairments. Subsequent to the initiation of this complaint, additional TDD's were acquired at 01-04756 -2- the corrections facility for use by inmates and members of the public. The Sheriff's Office will maintain the current policy for the corrections bureau, which requires that: a. At least one TDD remain in the classification section of the corrections facility at all times. b. TDD's be available in housing units occupied by persons with hearing disabilities. An inmate should be allowed to take the TDD with her/him whenever necessary to make calls. 4. The Sheriff's Office agrees to continue to make TDD's available to inmates and visitors in such manner as to make telephone communication as readily available to individuals with hearing impairments as such communication is available to others without hearing impairments. 5. The Sheriff's Office has placed appropriate signage adjacent to all public telephones indicating the availability and location of TDD's. The Sheriff's Office agrees to keep such signage in place at all times. 6. The Sheriff's Office agrees to continue to permit inmates and visitors to have toll-free access to 800 numbers for the purpose of calling telephone relay services or TDD operators. 7. The Sheriff's Office agrees that when an auxiliary aid or service is required to ensure effective communication, the Sheriff's Office will provide an opportunity for individuals with disabilities to request the auxiliary aids and services of their choice and will give primary consideration to the choice expressed by the individuals. "Primary consideration" means that the Sheriff's Office will honor the choice, unless it can show that another effective means of communications is available, or that use of the means chosen would result in a fundamental alteration in the service, program, or activity or in undue financial and administrative burdens. 8. The Sheriff's Office has established, and will continue to maintain, a policy and a procedure for the corrections bureau for securing the services of qualified interpreters, whenever necessary, to ensure effective communication with individuals who are deaf or hard of hearing during the booking process. 9. Beginning on the effective date of this Agreement, the Sheriff's Office will instruct all of its employees to comply with the provisions of this Agreement. 10. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person. The Sheriff's Office will provide a copy of this Agreement to any person on request. 01-04757 -3- 11. The Department of Justice may review compliance with this Agreement at any time. If the Department of Justice believes that this Agreement or any requirement thereof has been violated, it may institute civil action seeking specific performance of the provisions of this Agreement in an appropriate Federal court. 12. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect to any deadline or any other provision herein will not be construed as a waiver of its right to enforce other deadlines and provisions of this Agreement. 13. The effective date of this Agreement is the date of the last signature below. 14. 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, will be enforceable under its provisions. This Agreement is limited to the facts set forth in paragraph 1, and it does not purport to remedy any other potential violations of the Americans with Disabilities Act or any other Federal law. This Agreement does not affect the Sheriff's Office's continuing responsibility to comply with all aspects of title II of the ADA. For the Sheriff's For the United States: Office: (Signature) (Signature) ______________________ ___________________________ MERRILY A. FRIEDLANDER, Acting Chief ROBERT J. MATHER, Attorney Coordination & Review Section Civil Rights Division U.S. Department of Justice P.O. Box 66118 Washington, D.C. 20035-6118 Date 7/8/94 Date 7/12/94 01-04758