SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF WAUKESHA, WISCONSIN DEPARTMENT OF JUSTICE COMPLAINT NUMBER XXX This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12131 - 12134, with the United States Department of Justice, Civil Rights Division, Coordination and Review Section (Department), against the City of Waukesha, Wisconsin (City). The complainant, who is XXXXXX alleges that the services, activities, and programs of the City Hall which he needs access to in order to carry out the duties he to perform are inaccessible to him, as a person using a wheelchair, because of architectural barriers. The Department 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 City with title II of the ADA and the Department's implementing title II 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. S 12133, to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance pursuant to Subpart F. 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 to this agreement are the United States of America and the City. In order to avoid the burdens and expenses of further investigation and possible litigation, the parties hereby agree as follows: 1. The ADA applies to the City because it is a public entity as defined in 42 U.S.C. 12131. 2. The City owns and operates the City Hall located at 201 Delafield Street, Waukesha, Wisconsin 53188. 3. Because of architectural barriers, the services, programs, and activities provided by the City in the City Hall may not have been readily accessible to the complainant as a person using a wheelchair. 01-07663 - 2 - 4. Title II of the ADA prohibits discrimination against qualified individuals with disabilities on the basis of disability, in the services, programs, or activities of a public entity such as the City. 5. The City may not deny the benefits of or participation in its programs, services, or activities to persons with disabilities because the City Hall is inaccessible. 6. Under the ADA, the services, programs, or activities provided in the City Hall, when viewed in their entirety, must be accessible to and usable by persons with disabilities. 7. Title II of the ADA prohibits employment discrimination by public entities, on the basis of disability, against qualified individuals with disabilities. The title II regulation further requires that employers provide reasonable accommodations to qualified individuals who need the accommodations to carry out their job responsibilities. 8. Within fourteen (14) days of signing this agreement, the City will provide for the complainant a drawer (or other accommodation equivalent to the drawer provided the other City Aldermen) in the built-in desk located in the City Council Chambers. The City will notify the Department of the completion of this action within twenty-one (21) days of signing this agreement. 9. Within fourteen (14) days of signing this agreement, the City will remove the apron on the front of the built-in desk in Room 207 of the City Hall in order to provide the complainant with accessible desk space. The City will notify the Department of the completion of this action within twenty-one (21) days of signing this agreement. 10. Effective with signing this agreement, the City will provide that all closed meetings of the Common Council will be held in the City Council Chambers. Such meetings shall, where appropriate, be convened at the end of the City Council agenda to provide little disruption of the open portion of the meeting as is possible. 11. The City will develop a written plan to provide accessibility to programs, services, and activities provided in the City Hall and to provide reasonable accommodations for the complainant. The plan will include the following: a. An architectural drawing, or detailed description with specifications, of the renovation of the first floor men's room to bring it into compliance with the 01-07664 - 3 - Americans with Disabilities Act Accessibility Guidelines (ADAAG) as a fully accessible rest room. b. An architectural drawing, or detailed description with specifications, of the renovation of the first floor women's room to bring it into compliance with ADAAG as a fully accessible rest room. c. A written plan for changing the hardware on City Hall doors from knobs to levers or other hardware that complies with ADAAG, in order to provide entry to the various offices and areas that the complainant and the public access on a regular basis. In addition, the City will within fourteen (14) days of signing this agreement, install temporary levers on the doors of the City Council Chambers, Lunchroom, storage room adjacent to the Coucil Chambers, first floor men's room, Room 107, and Room 207 to provide access for the complainant, on an interim basis, until permanent changes are made. d. An architectural drawing, or a detailed description with specifications, of the repair of the ramp leading to the front entrance of the City Hall. e. An architectural drawing, or a detailed description with specifications, of the installation of automatic door openers at the front entrance of the City Hall. f. A detailed description with specifications of the installation of a van accessible parking space (which meets ADAAG standards) in the parking lot at the front entrance of the City Hall. Upon completion of this parking space, the disabled parking space at the rear entrance of the City Hall will be removed. g. A schedule for obtaining estimates and completing each phase of the proposed modifications to existing structures to provide access to programs, services, or benefits provided in the City Hall by the City. 12. Within thirty (30) days of the execution of this agreement, the City shall submit a copy of the final written plan to the Department for review and approval. 13. At the end of the thirty (30) day period following Departmental approval of the plan and at the end of each thirty (30) day period thereafter, the City will submit written progress reports on its implementation of this agreement to the Department. 01-07665 - 4 - 14. At the completion of the steps set out in the plan approved by the Department, but in no case later than one-hundred-eighty (180) days following Departmental approval, the City will submit a final report to the Department. 15. 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 shall 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 shall not take effect. 16. The Department may review compliance with this agreement at any time. If it determines that this agreement or any requirement thereof has been violated, it may institute a civil action seeking specific performance of the provisions of this agreement in an appropriate Federal court. 17. Failure by the Department to enforce this entire agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this agreement. 18. In the event that the City fails to comply in a timely manner with any requirement of this agreement without obtaining sufficient advance written agreement with the Department as a temporary modification of the relevant terms of this agreement, all terms of this agreement shall become enforceable in an appropriate Federal court. 19. This document is a public agreement. A copy of this document or any information contained in it may be made available to any person by the City or the Department on request. 20. The City of Waukesha does not admit by the signing of this Agreement that the operation of its current services, policies, and practices, is in violation in any respect of the ADA or its implementing regulations. 21. The effective date of this agreement is the date of the last signature below. 22. 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, shall be enforceable. This agreement does not purport to remedy any other potential violations of the ADA or 01-07666 - 5 - any other Federal law. This agreement does not affect the City's continuing responsibility to comply with all aspects of the ADA. For the City: For the United States: (Signature) (Signature) Paul Vrakas, Mayor Merrily A. Friedlander, Acting Chief (Signature) Merle Morrow, Attorney Thomas H. Wisniewski, Robb Wolfson, Investigator Personnel Director Coordination & Review Section Civil Rights Division (Signature) U.S. Department of Justice Thomas E. Neill, City P.O. Box 66738 Clerk/Treasurer Washington, D.C. 20035-6738 Date 4/18/94 Date April 26, 1994 01-07667