DEVAL L. PATRICK Assistant Attorney General WILLIAM B. FENTON ERIC L. SIEGEL Attorneys United States Department of Justice Civil Rights Division P.O. Box 65968 Washington, D.C. 20035-5968 (202) 616-9507 EDDIE J. JORDAN, JR. United States Attorney Eastern District of Louisiana Hale Boggs Federal Building 501 Magazine Street, Room 210 New Orleans, Louisiana 70130 (504) 589-2921 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA UNITED STATES OF AMERICA, ) ) 94-4058 SECT.SMAG 3 (stamp) Plaintiff, ) ) v. ) CIVIL ACTION NO. ) CITY OF SLIDELL, LOUISIANA, ) CONSENT DECREE ) Defendant. ) ) This action was brought by the United States against the City of Slidell, Louisiana to enforce the provisions of Title I of the Americans with Disabilities Act of 1990 ("ADA"), as amended, 42 U.S.C. S 20111, et seq., following receipt by the Department of Justice from the Equal Employment Opportunity Commission ("EEOC") of a charge filed by Mr. Gregory Smith. In its complaint, the United States alleges, inter alia, that the City of Slidell, Louisiana (hereinafter "the City "Defendant") discriminated against Mr. Smith in violation of 01-05304 Title I of the ADA by failing or refusing reasonably to accommodate Mr. Smith's known physical limitations to enable him to perform the essential functions of his Crew Chief job with the City's Department of Parks and Recreation; by discharging him on or about November 6, 1992 from his position as Crew Chief; and by failing and refusing to take appropriate action to remedy the effects of the discriminatory treatment of Mr. Smith. This Consent Decree resolves all issues raised by the complaint. Defendant specifically denies that it has discriminated in any manner against Mr. Smith on the basis of disability in violation of Title I of the ADA or any other law or regulation. Nevertheless, the parties, desiring that this action be settled by appropriate Consent Decree and without the burden of protracted litigation, agree to the jurisdiction of the Court over the parties and the subject matter of this action. The parties hereby waive, for the purpose of this Consent Decree only, a hearing and findings of fact and conclusions of law on all issues, and further agree to the entry of this Decree as final and binding among themselves as to the issues raised in the complaint. This Decree, being entered with the consent of the parties, shall in no way constitute an adjudication or finding on the merits of the case, nor shall it be construed as an admission by the City or a finding of any wrongdoing or violation of any applicable Federal or State law or regulation. - 2 - 01-05305 It is therefore ORDERED, ADJUDGED AND DECREED as follows: A. GENERAL INJUNCTIVE RELIEF 1. The City, by and through its officials, agents, employees and all persons in active concert or participation with the City, shall not engage in any act, practice or policy which has the purpose or effect of unlawfully discriminating against any employee, or applicant for employment, on the basis of disability in violation of Title I of the ADA, as amended, 42 U.S.C.  12111, et seq. 2. The City agrees not to retaliate against or in any respect adversely effect any person because that person has opposed policies or practices that are allegedly discriminatory under Title I of the ADA, has filed a charge with the EEOC under Title I of the ADA, or because of that person's participation in or cooperation with the initiation, investigation, litigation or administration of this case or this Decree. B. INDIVIDUAL REMEDIAL RELIEF Without admitting the contentions of the United States, and in settlement of the claim of the United States for relief on behalf of Mr. Gregory Smith, as well as in settlement of the claims of Mr. Smith if he accepts the relief provided him by this Decree, the City agrees to the following: 1. The City shall offer Mr. Smith a back pay award of $21,043.67. - 3 - 01-05306 2. The City shall offer to pay Mr. Smith an additional monetary amount of $2,000.00. This monetary amount shall be considered compensatory damages. 3. Mr. Smith has informed the undersigned counsel for the United States that he no longer desires reinstatement in the position of Crew Chief at the City's Department of Parks and Recreation. Accordingly, the City is not required to offer Mr. Smith job opportunity relief under this Decree. 4. To be entitled to the monetary awards set forth in paragraphs B.1. and B.2. above, Mr. Smith must execute a Release in the form attached hereto as Appendix B. 5. The City agrees to notify Mr. Smith of the terms of this Consent Decree within seven (7) days of its entry by mailing to him, by certified mail, return receipt requested, a letter in the form attached hereto as Appendix A. Enclosed with that letter shall be: (a) a copy of this Decree; and (b) the Release form as prescribed in Appendix B. 6. The City shall provide Mr. Smith, within thirty (30) days of the City's receipt from Mr. Smith of the executed Release form (which is prescribed in Appendix B), a check in the amount of the monetary awards specified in paragraphs B.1. and B.2. above. 7. The City shall remove from Mr. Smith's personnel file all documents referring to any EEOC charges filed by Mr. Smith. - 4 - 01-05307 C. RECORDS 1. The City shall retain during the life of this Consent Decree records necessary to document the implementation of this Decree including, but not limited to: (a) a copy of all correspondence between the City and Mr. Smith sent subsequent to entry of this Decree, and a copy of any related return receipts; and (b) the returned executed Release form from Mr. Smith. 2. The City shall provide the Department of Justice a signed copy of its notice letter (in the form designated as Appendix A) to Mr. Smith within ten (10) days from the date it is mailed to Mr. Smith, and a copy of Mr. Smith's response to the notice letter within (10) days of the City's receipt of the response. 3. The City shall make available for inspection and copying, within fourteen (14) calendar days after receipt of a request by the plaintiff, through its counsel, all documents described in paragraph C.1. above, and shall make available on reasonable notice any other documents relevant to the City's compliance with and implementation of this Decree. The City shall furnish to plaintiff, on reasonable notice, any other requested information or reports on matters relevant to compliance with and implementation of the Decree. 4. The City shall provide a final report to the plaintiff to be submitted forty-five (45) days prior to the expiration date of the Decree. This final report shall be addressed to Chief, Employment Litigation Section, Civil Rights Division, U.S. - 5 - 01-05308 Department of Justice, P.O. Box 65968, Washington, D.C. 20035- 5968, re: Slidell Consent Decree, and shall consist of: (a) a copy of all correspondence between the City and Mr. Smith during the life of the Decree, including a copy of any related return receipts; and (b) a copy of the returned executed Release form from Mr. Smith. D. IMPLEMENTATION 1. The parties shall attempt to resolve informally any disputes that may occur under this Consent Decree. If the parties are unable to reach agreement within thirty (30) days after a matter has been brought to the attention of one of the parties by the other party, the issue may be submitted by either party to the Court for resolution. 2. The Court shall retain jurisdiction over this Consent Decree for the purposes of enforcing this Decree, resolving any disputes that may arise between the parties under this Decree and entering such orders as may be appropriate. 3. This Decree shall terminate two (2) years from the date of its entry. 4. Each party shall bear its own costs, including attorney's fees, except that the parties shall retain the right to seek costs for any matter which, in the future, may arise from this Decree and require resolution by the Court. It is so ORDERED, this 14th day of Jan., 1995. UNITED STATE DISTRICT JUDGE - 6 - 01-05309 Agreed and Consented To: (Signature) (Signature) _________________________ ______________________ LLOYD R. WALTERS WILLIAM B. FENTON City Attorney ERIC L. SIEGEL City of Slidell Attorneys 2055 Second Street Civil Rights Division P.O. Box 828 U.S. Department of Justice (504) 646-4396 P.O. Box 65968 Washington, D.C. 20035-5968 (202) 616-9507 For Defendant For Plaintiff - 7 - 01-05310 A P P E N D I X A NOTICE LETTER United States v. City of Slidell, Louisiana [Date] Mr. Gregory Smith 57269 Square Road Slidell, Louisiana 70461 Dear Mr. Smith: A Consent Decree has been entered settling a complaint of employment discrimination filed by the United States against the City of Slidell, Louisiana ("the City" or "defendant"). Under the terms of the Consent Decree entered on [date], in the case of United States v. City of Slidell, Louisiana, Civil Action No. [ ] (E.D. La.), you are being offered a monetary award in settlement for any claims of disability discrimination that you may have against the defendant arising out of this case and EEOC Charge No. 270-93-0181. A copy of the Consent Decree is enclosed. Please review it carefully. As a monetary award, you are being offered a total of $23,043.67, $21,043.67 of which is for back pay and $2,000.00 of which is for compensatory damages. You may obtain the monetary awards by completing and returning the enclosed Release form to the following address: Mr. Lloyd R. Walters City Attorney City of Slidell 2055 Second Street P.O. Box 828 Slidell, Louisiana 70459 The Release form must be signed and notarized before you return it. The monetary award is offered to you on the following condition: if you accept it, you will be required to release the City and its officials, employees and agents from all employment discrimination claims you may have against them on the basis of your disability arising out of this case and EEOC Charge No. 270- 93-0181. - 8 - 01-05311 If you accept the monetary award, the City will send you, within thirty (30) days of the City's receipt of your Release form, a check for the monetary award. IF YOU FAIL TO SUBMIT THE RELEASE FORM, AS DIRECTED IN THIS LETTER, WITHIN THIRTY (30) DAYS FROM YOUR RECEIPT OF THIS LETTER, YOU WILL FORFEIT YOUR RIGHTS TO ANY MONETARY AWARD UNDER THIS DECREE, UNLESS YOU CAN SHOW GOOD CAUSE FOR YOUR FAILURE TO DO SO WITHIN A REASONABLE TIME THEREAFTER. If you have any questions concerning this settlement, you may contact Eric L. Siegel, the attorney for the United States Department of Justice at (202) 616-9507. Sincerely, (Signature) _______________________ Lloyd R. Walters City Attorney City of Slidell, Louisiana Enclosure - 9 - 01-05312 A P P E N D I X B RELEASE FORM United States v. City of Slidell, Louisiana STATE OF LOUISIANA PARISH OF ______________________ For and in consideration for the payment of a monetary award in the amount of $23,043.67 by the City of Slidell, Louisiana and any other remedial relief that I accept pursuant to the provisions of the Consent Decree entered by the Honorable [name], United States District Judge, on [date] in United States v. City of Slidell, Louisiana, Civil Action No. [ ] (E.D. La.), I, Gregory Smith, hereby release and forever discharge the defendant, its current and future officials, employees and agents, of and from all legal and equitable claims arising out of that action or EEOC Charge No. 270-93-0181 occurring before the date of the execution of this Release. I further agree to discontinue any pending claim or action, whether legal, equitable or administrative, including any civil service claim or appeal, which I may have against the defendant, alleging disability discrimination in the City's decision to discharge me on or about November 6, 1992 and its alleged failure or refusal reasonably to accommodate my known physical limitations to enable me to perform the essential functions of my position as Crew Chief in the City of Slidell Department of Parks and Recreation. I understand that the monetary award and other remedial relief granted to me in consideration for this Release does not constitute an admission by the City of the validity of any claim raised by me or on my behalf. This Release constitutes the entire agreement between the defendant and myself, without exception or exclusion. I acknowledge that a copy of the Consent Decree in this action has been made available to me. - 10 - 01-05313 I HAVE READ THIS RELEASE AND UNDERSTAND THE CONTENTS THEREOF AND I EXECUTE THIS RELEASE OF MY OWN FREE ACT AND DEED. Signed this day of , 1994. Gregory Smith Social Security Number Sworn and subscribed to before me this day of , 1994. NOTARY PUBLIC My commission expires: - 11 - 01-05314