U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box 66118 Washington, D.C. 20035-6118 SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND BELL GARDENS POLICE DEPARTMENT, BELL GARDENS, CALIFORNIA DEPARTMENT OF JUSTICE COMPLAINT NUMBER This matter was initiated by a complaint filed under Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. SS 12131-12134, with the United States Department of Justice (Department of Justice) against the Bell Gardens Police Department (Police Department). The complaint alleged that in a police situation, an individual who was deaf and used sign language for communication was denied an interpreter after one was requested. The Department of Justice is authorized under 28 C.F.R. Part 35, Subpart F, to investigate fully the allegations of the complaints in this matter to determine the compliance of the Police Department 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. S 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 Bell Gardens Police Department. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from filing civil suit in this matter. In the interest of securing compliance by voluntary means, the parties hereby agree as follows: 1. The Police Department does not admit by the signing of this Agreement that the operation of its police services, policies, and practices, is in violation in any respect with the ADA or its implementing regulation. - 2 - 2. The ADA applies to the Police Department because it is a public entity as defined in the Department of Justice's regulation implementing Title II. 28 C.F.R. S 35.104. 3. The subject of this Settlement Agreement is the provision of qualified interpreting services to ensure effective communication with individuals who are deaf and hard of hearing in various police situations. 4. The Police Department agrees to furnish appropriate auxiliary aids and services when necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, the Police Department's services, programs, or activities. Auxiliary aids and services include qualified interpreters, written materials, and note pad and pen. 5. In any situation involving an individual who is deaf or hard of hearing, the Police Department agrees to give the individual the opportunity to request the auxiliary aid or service of his or her choice. The Police Department agrees to give primary consideration to the expressed choice of the individual unless the Police Department can demonstrate that another equally effective means of communication is available, or that use of the means chosen would result in a fundamental alteration in the nature of its service, program, or activity or in undue financial and administrative burdens. 6. The Bell Gardens Police Department has developed a written policy, which is attached, to provide that in those situations where the provision of interpreting services is necessary to ensure effective communication, the Police Department will secure such services. 7. Copies of the policy will be provided to members of the public upon request. 8. In order to inform members of the public regarding the provisions of Title II and their applicability to the Bell Gardens Police Department, it will publish, within 30 days of the effective date of this Agreement, the following notice or an equivalent on two separate occasions in a newspaper of general circulation serving Bell Gardens, California. In accordance with the requirements of Title II of the Americans with Disabilities Act, the City of Bell Gardens will not discriminate against qualified individuals with disabilities on the basis of disability in the Bell Gardens Police Department's services, programs, or activities. The Bell Gardens Police Department will provide appropriate auxiliary aids and services, including qualified interpreters, - 3 - whenever necessary to ensure effective communication with individuals who are deaf or hard of hearing. 9. The Police Department will provide a copy of the notice to any person upon request. 10. Beginning on the effective date of this Agreement, the Police Department will instruct all of its employees who are in any way responsible for the provision of appropriate auxiliary aids and services, including qualified interpreters, to comply with the provisions of this Agreement. 11. Within 60 days of the effective date of this Agreement, the Bell Gardens Police Department will submit a report to the Department of Justice describing the actions it has taken to comply with the preceding provisions. This report will include 2 copies of notices published in the newspapers. 12. 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 Police Department will provide a copy of this Agreement to any person on request. 13. 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. 14. 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. 15. The effective date of this Agreement is the date of the last signature below. 16. 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 the first paragraph, 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 Police Department's continuing responsibility to comply with all aspects of Title II of the ADA. - 4 - For the Bell Gardens For the United States: Police Department: ANDY ROMERO MERRILY A. FRIEDLANDER Chief of Police Acting Chief ROBERT J. MATHER, Attorney LINDA L. KING, Investigator Coordination & Review Section Civil Rights Division U.S. Department of Justice P.O. Box 66118 Washington, D.C. 20035-6118 Date 10-20-94 Date 11/3/94 U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box 66118 Washington, D.C. 20035-6118 Andy Romero Chief of Police Bell Gardens Police Department 7100 S. Garfield Street Bell Gardens, California 90201 RE: Complaint Number XX Dear Chief Romero: This letter is to inform you that the Settlement Agreement between the Bell Gardens Police Department and the Department of Justice concerning Title II of the Americans with Disabilities Act of 1990 (ADA) becomes effective as of the date of this letter. Enclosed is a copy of the fully-executed Settlement Agreement that resolves a complaint alleging that effective communication was not provided to a deaf person when he was arrested. The Agreement states that the Bell Gardens Police Department will provide auxiliary aids, including sign language interpreters, to ensure effective communication during Court proceedings. Based upon the assurances made by the Police Department in this Agreement, we are closing our files in this complaint as of the date of this letter. Continued compliance is contingent upon the Police Department's completion of the actions required by the Agreement. Failure to implement the requirements of the Agreement may result in a finding of noncompliance with Title II of the ADA. The Coordination and Review Section will monitor the Police Department's progress in implementing the requirements of the Agreement. To begin the monitoring process, the Police Department will submit a written report, as required by paragraph 11 of the Agreement, on January 3, 1995, sixty days after the effective date of the Agreement. The Police Department will then submit additional reports if necessary. - 2 - This letter and the enclosed Agreement are not intended, and should not be construed, to cover any other issues regarding compliance with Title II which may exist and which are not specifically discussed herein. Under the Freedom of Information Act, 5 U.S.C. S 522, we may be required to release this letter and other correspondence and records related to this complaint in response to a request from a third party. Should we receive such a request, we will safe- guard, to the extent permitted by the Freedom of Information Act and the Privacy Act, the release of information which could constitute an unwarranted invasion of privacy. We appreciate the cooperation of the Police Department and the City Attorney's Office during our investigation and settlement negotiations. If you have any questions concerning this letter, please feel free to call Linda King at (202) 307- 2231. Sincerely, Merrily A. Friedlander Acting Chief Coordination and Review Section Civil Rights Division Enclosure