Settlement Agreement Between The United States Of America And The City Of Dodge City, Kansas

DEPARTMENT OF JUSTICE NUMBER 204-29-117

BACKGROUND

A. SCOPE OF THE INVESTIGATION

The United States Department of Justice ("Department") initiated this matter as a compliance review of the City of Dodge City, Kansas, ("City") under title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. ァァ 12131-12134, and the Department's implementing regulation, 28 C.F.R. Part 35. Because the City receives financial assistance from the Department of Justice, the review was also conducted under the authority of ァ 504 of the Rehabilitation Act of 1973, 29 U.S.C. ァ 794, and the Department's implementing regulation, 28 C.F.R. Part 42, Subpart G.

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, including those in the area of employment, by July 26, 1992, and make modifications necessary to comply with the Department's title II regulations (28 C.F.R. Part 35), 28 C.F.R. ァ 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 regulations, 28 C.F.R. ァ 35.106;
  • to designate a responsible employee to coordinate its efforts to comply and carry out the City's ADA responsibilities, 28 C.F.R. ァ 35.107(a);
  • to establish a grievance procedure for resolving complaints of violations of title II, 28 C.F.R. ァ 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. ァ 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 be made by January 26, 1995), in accordance with the Department's title II regulation, 28 C.F.R. ァ 35.151, and the ADA Standards for Accessible Design ("Standards") or the Uniform Federal Accessibility Standards ("UFAS");
  • 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. ァ 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. ァ 35.160;
  • where the City communicates by telephone, to communicate through a teletypewriter ("TTY"), or other equally effective telecommunications system, with individuals who have hearing or speech impairments, 28 C.F.R. ァ 35.161;
  • to provide direct access via TTY or computer to telephone emergency services, including 9-1-1 services, for persons who use TTY's and computer modems, 28 C.F.R. ァ 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. ァ 35.163(a);
  • 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. ァ 35.163(b).

The Department limited its program access review to those of the City's programs, services, and activities that operate in the following facilities: Municipal Pool, Convention and Visitors Bureau, Fire Station #1 (Headquarters), Civic Center, Police Department, City Hall, Wright Park (including Hoover Pavilion), St. Mary of the Plains Campus (including the Sheridan Center, the Gym and Pool, Weight Room and Hennessy Hall), Dodge City Raceway Park, and Mariah Hills Golf Course Club House. Of those facilities, Dodge City Raceway Park, Mariah Hills Golf Course Club House, and the Convention and Visitors Bureau constitute construction commenced after January 26, 1992. The following facilities were altered after January 26, 1992: City Hall, Sheridan Activity Center, Hoover Pavilion, and Wright Park.

B. JURISDICTION

  1. The ADA applies to the City because it is a "public entity" as defined by title II. 42 U.S.C. ァ 12131(1).
  2. The Department is authorized to conduct this compliance review under 42 U.S.C. ァ 12133 in order to determine the City's compliance with title II and the Department's implementing title II regulation, to issue findings and, where appropriate, to negotiate and secure a voluntary compliance agreement. Furthermore, the Attorney General is authorized, under 42 U.S.C. ァ 12133 to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance.
  3. The Department is also authorized to conduct this compliance review under 28 C.F.R. Part 42, Subpart G, to determine the City's compliance with ァ 504 of the Rehabilitation Act of 1973, to issue findings, and, where appropriate to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 29 U.S.C. ァ 794 and 28 C.F.R. ァァ 42.530, 42.108-110, to suspend or terminate financial assistance to the City provided by the Department of Justice should the Department fail to secure voluntary compliance pursuant to Subpart G or to bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.

C. ACTIONS TAKEN BY THE CITY

  1. The City conducted a self-evaluation in 1984 to comply with ァ 504 of the Rehabilitation Act. It developed a transition plan in 1992 and updated the self-evaluation and transition plan in November 1993.
  2. The City's employment application complies with title I of the ADA because it does not contain pre-employment medical or disability inquiries.
  3. The City has an ADA Coordinator.
  4. The City adopted its ADA grievance procedure by resolution of the City Council on July 20, 1992. It provides for a complaint to be made with the ADA Coordinator within 15 days after the complainant becomes aware of the violation, with an investigation following the filing of the complaint and the right to reconsideration of an adverse decision.
  5. The City has focused on physical changes to provide program access. It has allocated annual funds to install curb ramps and repair street gutters; widened entrance-way doors at several buildings; and altered spaces in the Civic Center, the buildings complex at the Old Saint Mary's campus, and playground equipment at the City's Parks and Recreation facilities.

    The parties to this Agreement are the United States of America and the City of Dodge City, Kansas. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties hereby agree as follows:

REMEDIAL ACTION

  1. In consideration of, and consistent with, the terms of this Agreement as set forth below, the Attorney General agrees to refrain from filing a civil suit in this matter regarding カカ 11-29 except as provided in カカ 32, 34.
  2. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the Standards are used as a guide for determining whether a program or activity held in an existing facility is "readily accessible to and usable by" persons with disabilities, and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. ァァ 35.150(b)(1), 35.151. The Standards appear at 28 C.F.R. Part 36, Appendix A.

EMPLOYMENT POLICIES

  1. The Personnel Policy and Procedure Manual for the City contains only a brief prohibition against disability-based discrimination in employment. Within 90 days of the effective date of this Agreement, the City will amend the Manual to recognize its obligations under title I of the ADA and the implementing regulation of the U.S. Equal Employment Opportunity Commission, as summarized in Attachment A to this Agreement.

TELEPHONE COMMUNICATION

  1. The City's non-emergency communication with deaf or speech impaired citizens is facilitated by one TTY that is located in the Communications Center of the Police Department. The Police Department acts as an intra-City relay for other City offices.
  2. Within 60 days of the effective date of this Agreement, the City will officially recognize the Kansas telephone relay service as the means by which it communicates with deaf or speech impaired citizens, or the City will develop and implement written procedures to ensure that callers who use a TTY will receive service equal to that accorded callers who use voice telephones. The procedures will require TTY calls to be returned by the appropriate City official by TTY on the same day as the call is received or, if the caller's questions or concerns cannot be handled promptly, the procedures will require a City employee to speak to the caller on the same day in order to establish a time frame for the call-back.
  3. Within 90 days of the effective date and for the life of this Agreement, the City will publicize its TTY number on the same basis as its voice telephone numbers, through such means as official stationary, business cards, civic newsletters, and the public telephone book. If the City chooses to rely on the Kansas telephone relay service alone, that number will be publicized in the same manner, in lieu of its current TTY number.
  4. The City will take steps to ensure that all appropriate employees are trained and practiced in using a TTY and the Kansas telephone relay service to make and receive calls, as appropriate, and that any TTY's are maintained in good working order through test calls every six months for the life of this Agreement.
  5. The City will report to the Department the actions it has taken to implement these provisions within 180 days of the effective date of this Agreement.

9-1-1 SERVICES

  1. The City contracts with Ford County to provide 9-1-1 service to its citizens. The City may not through such a contractual arrangement provide unequal services to persons with a disability. 28 C.F.R. ァ 35.130(b)(iii). The County is also a public entity subject to title II, and thus could be subject to an independent federal compliance review. This Agreement does not limit such future enforcement by any person or entity.
  2. The City will advise the County of the findings made by the Department of Justice with respect to the 9-1-1 telephone emergency services conducted there. The City will request the County to take the following actions beginning within 30 days of the effective date of this Agreement and continuing until it expires, and the City will submit reports to the Department at yearly anniversaries of the effective date of the Agreement of actions taken by Ford County pursuant to this paragraph.

    1. Continue to ensure that TTY calls are answered as quickly as other calls received, and are monitored for timing and accuracy, if other calls are monitored. Also ensure that employees are trained and accomplished in using a TTY to make and receive calls. Ensure that employees receive training in answering "silent calls." All call takers should be able to recognize TTY tones and to query every silent call with a TTY to determine if it is a TTY call after it has been queried by voice.
    2. Conduct an internal testing program in which it places random TTY test calls to each call taking position once a month. The tests should be designed to ascertain whether TTY equipment functions properly and whether personnel have been adequately trained to recognize TTY calls quickly, to operate TTY equipment, and to conduct TTY conversations.
    3. Ensure that correct TTY call taking procedures are incorporated into call takers' performance evaluations, and that personnel policies are amended to include written disciplinary procedures for call takers who fail to perform TTY call taking consistent with the training and procedures.

    SIGNAGE AT ENTRANCES

  3. Within six months of the effective date of this Agreement, the City will survey the facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible, and will install signage as necessary in compliance with 28 C.F.R. ァ 35.163(b). Standards ァァ 4.1.2(7)(c), 4.30.7.

PHYSICAL MODIFICATIONS

In order to ensure that the following facilities, for which construction commenced after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the City will take the following actions.

  1. The City submitted to the Department photographs and architectural drawings of the newly constructed Dodge City Raceway Park. Issues remain as to whether the lines of sight for wheelchair locations and the placement of companion seating in the Grandstand comply with the Standards, ァァ 4.1.3(19), 4.33.
    1. Within 30 days of the effective date of this Agreement, the City will submit more precise architectural drawings or photographs of the Grandstand that indicate whether persons in wheelchairs on the top tier have lines of sight comparable to those for members of the general public. Specifically, the report will document whether lines of sight for seated patrons are blocked by standing patrons in any seating area, including the wheelchair locations on the top tier. The City will also clarify whether there are seats for the general public on the top tier, which is unprotected from winds. Finally, the City will also specify the location of companion seating for the recessed wheelchair locations in the pit, and indicate the permissible placement of wheelchairs in these recesses (i.e., whether flush to the rear or forward, with legs extending no farther than the outside edge of the stair).
    2. The Department will review the report to determine whether any physical modifications are necessary to comply with the Standards. The City will complete any necessary physical modifications as directed by the Department within one year of the Department's written response.
  2. The City shall complete the following modifications to Mariah Hills Golf Course Club House within one year of the effective date of this Agreement:
    1. The sign designating the accessible parking space is too low to the ground and lacks "van-accessible" signage; the space also has no designated access aisle (the adjacent space is sufficiently wide and has a curb ramp, but lacks striping to distinguish it from a parking space). Install an additional van-accessible sign mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space, and stripe the access aisle. ァァ 4.1.2(5)(b), 4.6.3, 4.6.4 & Fig.9.
    2. Men's and Women's Toilet Rooms.
      1. The designated accessible toilet stall in the men's and women's rooms is 49 inches wide by 57 ス inches deep, and has a side grab bar that does not extend 52 inches from the back wall. In each room, provide an accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches for wall mounted toilets) such that all the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers comply with the Standards. ァァ 4.1.3(11), 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.26, 4.27.
      2. The toilet seat cover dispenser in the women's room is 58 inches high. Provide a dispenser so that no operable part is mounted higher than 54 inches above the finish floor for a side reach or, if that is not available, 48 inches above the finish floor for a front reach. ァァ 4.1.3(11), 4.22.7, 4.27.3, 4.2.5, 4.2.6.
      3. The elongated rim of the urinal in the men's toilet room is 18シ inches above the finish floor. Provide a urinal with the elongated rim no more than 17 inches above the finish floor. ァァ 4.1.3(11), 4.22.5., 4.18.2.
      4. The coat hook in the accessible stall in the women's restroom is 58 inches above the finish floor. Provide a coat hook that is no more than 54 inches above the floor for a side reach or, if that is not available, 48 inches above the finish floor for a front reach. ァァ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.
  3. The City shall make the following modifications to the Convention and Visitors Bureau within six months of the effective date of this Agreement:
    1. Men's and Women's Toilet Rooms
      1. The height of the lavatory provides a clearance of 27-3/4 inches above the finish floor. Re-mount or provide a lavatory so that there is a clearance of at least 29 inches above the floor to the bottom of the apron and it otherwise complies with the Standards. ァァ 4.1.3(11), 4.22.6, 4.19.2 & Fig. 31
      2. The coat hook in the designated accessible stall in each room is 64ï½½ inches above the finish floor. Provide a coat hook in each accessible stall that is not more than 54 inches above the finish floor for a side reach or, if that is not available, 48 inches above the finish floor for a front reach. ァァ  4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

In order to ensure that the following spaces in City facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the City will take the following actions.

  1. The City shall make the following modifications to the City Hall within one year of the effective date of this Agreement:
    1. Men's and Women's First Floor Toilet Rooms
      1. The rear grab bar in the designated accessible stall in the women's rooms is 34 inches long. Check the rear grab bar in the men's designated accessible stalls and provide a rear grab bar in each accessible stall, as necessary, that is at least 36 inches long and that begins no more than 6 inches from the side wall. ァァ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.6 & Fig.30(a).
      2. The paper towel dispenser lever handle is 57 inches above the finish floor in the main women's room and the men's room near the side entrance. Check the dispensers in the remaining rooms and provide a dispenser in each room, as necessary, so that no operable part is mounted higher than 54 inches above the finish floor for a side reach or, if that is not available, no higher than 48 inches above the finish floor for a front reach. ァァ 4.1.6(1)(b), 4.1.3(11), 4.22.7, 4.27.3, 4.2.5, 4.2.6.
  2. The City shall make the following modifications at St. Mary's of the Plains Campus within one year of the effective date of this Agreement:
    1. Sheridan Center:
      1. In each toilet room, the coat hooks are mounted 67 inches above the finish floor. Provide coat hooks in the accessible stalls that are no more than 54 inches above the finish floor for a side reach or, if that is not available, 48 inches above the finish floor for a front reach. ァァ 4.1.6(1)(b), 4.1.3(12), 4.25.3, 4.2.5, 4.2.6.
      2. The operating portion of the paper towel dispenser in the women's toilet room is 56 inches above the finish floor. Provide a dispenser so that no operable part is higher than 54 inches from the finish floor for a side reach or, if that is not available, no higher than 48 inches from the finish floor for a front reach. ァァ 4.1.6(1)(b), 4.1.3(11), 4.22.7, 4.27.3, 4.2.5, 4.2.6.
      3. The coat hooks in the aerobics room are mounted 66 inches above the finish floor. Provide coat hooks that are no more than 54 inches above the finish floor for a side reach or, if that is not available, 48 inches above the finish floor for a front reach. ァァ 4.1.6(1)(b), 4.1.3(12), 4.25.3, 4.2.5, 4.2.6.
      4. In the accessible toilet area of the family changing room, the end of the side grab bar does not extend at least 54 inches from the back wall. Reposition or replace the grab bar so that it begins no more than 12 inches from the back wall, it is at least 42 inches long, and the end extends at least 54 inches from the back wall. ァァ 4.1.6(1)(b), 4.1.3(11), 4.23.4, 4.16.4 & Fig. 29(b).

        In making this modification, preserve the required clear floor space of 36 inches by 48 inches in front of the adjacent accessible shower. ァァ 4.1.6(1)(b), 4.1.3(11), 4.23.8, 4.21.2 and Fig. 35(a).

    2. Hennessy Hall:
      1. In the accessible toilet rooms and stalls, the large toilet paper dispensers are less than 1 ï½½ inch below the side grab bar. In accessible toilet rooms, provide a dispenser that does not interfere with the use of the side grab bar, is no less than 19 inches from the finish floor to the centerline of the dispenser, and is within reach as illustrated in the Standards. ァァ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.6 and Fig. 29(b), 4.26.2.

        In accessible toilet stalls, provide a dispenser that does not interfere with the use of the side grab bar and ensure that the farthest edge of the toilet paper roll is no more than 36 inches from the back wall and no less than 19 inches from the finish floor to the centerline of the dispenser. ァァ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).

      2. The rear grab bars in the second floor unisex toilet room and in the stall in the first floor unisex toilet room are incorrectly mounted. Provide a rear grab bar in the second floor room that is at least 36 inches long with the end closer to the side wall mounted at least 12 inches from the toilet centerline, i.e., no more than 6 inches from the side wall. ァァ 4.1.6(10(b), 4.1.3(11), 4.22.4, 4.16.4 & Fig. 29.
      3. Provide a rear grab bar in the stall in the first floor room that is at least 36 inches long and that begins no more than 6 inches from the side wall. ァァ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.6 & Fig.30(a).

      4. In the second floor unisex toilet room, the end of the side grab bar does not extend at least 54 inches from the back wall. Reposition or replace the grab bar so that it begins no more than 12 inches from the back wall, it is at least 42 inches long, and the end extends at least 54 inches from the back wall. ァァ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.4 & Fig. 29(b).
  3. The City shall make the following modifications to Wright Park within six months of the effective date of this Agreement:
    1. There is no accessible route from the toilet room buildings to the soccer fields, band shell, and other park amenities. Install a curb ramp from the street to the sidewalk leading to the toilet rooms that meets the requirements of the Standards. ァァ 4.1.6(1)(b), 4.1.2(1), 4.3.8, 4.7.
    2. There is no accessible route from the parking area to the basketball court. Establish an accessible route from the parking area to the basketball court. ァァ 4.1.6(1)(b), 4.1.2(1), 4.3.8, 4.7.
    3. There are two designated accessible parking spaces at the band shell, but neither is designated as van-accessible. Install a "van-accessible" sign below the symbol of accessibility at one of the spaces in a location that cannot be obscured by a vehicle parked in the space. ァァ 4.1.2(5)(b), 4.6.4.
    4. The City was constructing a ramp to the band shell at the time of the Department's onsite investigation. Within 90 days of the effective date of this Agreement, the City will review the ramp and submit a report, including architectural drawings or photographs, to the Department that documents whether the ramp fully complies with the Standards. ァァ 4.1.6(1)(b), 4.1.2(1), 4.3.8, 4.8, 4.26, 4.5. Should the City or the Department determine that the ramp does not fully comply with the Standards , the City will complete any physical modifications to the ramp as directed by the Department within 180 days of the Department's written response to the City's report.

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 disabilities, the City will take the following actions:

  1. The City shall complete the following modifications to the Civic Center within one year of the effective date of this Agreement:
    1. The ramp leading to the event area exceeds the maximum allowable 1:12 slope for a ramp. Alter the ramp so that the slope does not exceed 1:12. ァ 4.8.2.
    2. The top of the handrail of the ramp leading to the event area is 41 ス inches above the ramp surface. Provide handrails on both sides of the ramp so that the tops of the gripping surfaces are mounted between 34 inches and 38 inches above the ramp surface and that the handrails otherwise comply with the Standards. ァ 4.8.5.
    3. The top of the service counter at the entrance way is located 39 1/4 inches above the floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches in compliance with the Standards; or provide equivalent facilitation (e.g., offer those services at an accessible location for individuals who use wheelchairs ). ァ 7.2(2)
    4. Men's and Women's Toilet Rooms
      1. The hot water and drain pipes beneath the lavatory in each room are not insulated or otherwise configured to protect against contact. Install insulation on the pipes. ァ 4.19.4.
      2. There is no signage at the inaccessible toilet rooms indicating the route to the accessible toilet rooms. Provide signage at the inaccessible toilet rooms indicating the location of the nearest accessible toilet facilities. Ensure that the accessible toilet facilities are identified by the International Symbol of Accessibility. ァァ 4.1.2(7), 4.1.6(3)(e)(iii), 4.30.
      3. The door coat hook is located 67-1/4 inches above the finish floor. Provide a coat hook that is not more than 54 inches above the finish floor for a side reach or, if that is not available, 48 inches above the finish floor for a front reach. ァァ 4.25.3, 4.2.5, 4.2.6.
    5. There is no directional signage at the inaccessible public telephone indicating the location of the accessible public telephone. Install directional signage at the inaccessible telephone. ァァ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.
    6. Accessible Unisex Dressing Rooms
      (applies to both)
      1. The toilet stall is too small to accommodate a person who uses a wheelchair. Remove the partition and provide a toilet not in a stall that complies with the Standards, or provide a compliant "standard" stall at least 60 inches wide and 59 inches deep (56 inches for wall mounted toilets). ァァ 4.22.4, 4.16, 4.17 and Fig. 30(a).
      2. The lavatory has twist-type faucets. Replace them with controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrists to operate. ァァ 4.19.5, 4.27.4.
      3. The paper towel dispenser protrudes more than 4 inches into the accessible route within the room, and has its leading edge between 27 inches and 80 inches above the finish floor. Provide a dispenser that does not protrude into the accessible route and that otherwise complies with the Standards. ァァ 4.23.3, 4.3, 4.4.1.
      4. The designated accessible transfer shower is not 36 inches wide by 36 inches deep, the grab bars are the wrong lengths and incorrectly mounted, the shower head is non-compliant, and there is no shower seat. Provide a transfer shower that is exactly 36 inches wide by 36 inches deep with grab bars, a shower seat, shower controls, and a shower spray unit or fixed shower head that comply with the Standards. ァ 4.21 & Figs. 35(a), 37(a).
      5. The room lacks a bench onto which a person who uses a wheelchair can make a parallel transfer. Provide a bench that is 24 inches wide and 48 inches long fixed to the wall along the longer dimension, mounted 17 inches to 19 inches above the finish floor, and that otherwise complies with the Standards ァァ 4.35.4, 4.26.3.
      6. The two accessible dressing rooms are not identified as accessible, and there is no signage at the four inaccessible dressing rooms upstairs indicating the location of the two accessible dressing rooms. Install signage at the accessible dressing rooms containing the International Symbol of Accessibility; install directional signage at the rooms upstairs indicating the location of the accessible dressing rooms. ァァ 4.1.2(7), 4.30.
      7. There are no lockers in the accessible dressing rooms. To the extent that the inaccessible dressing rooms have these amenities, provide a locker in each room that has accessible hardware and is mounted in an accessible location. ァァ 4.25, 4.27.4.
  2. The City shall complete the following modifications to the Police Department within six months of the effective date of this Agreement:
    1. The two designated accessible parking spaces lack access aisles; one space is not level because a built-up curb ramp intrudes on the space; and neither space is van-accessible. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and install an additional "van-accessible" sign mounted below the symbol of accessibility in a location that will not be obscured by a vehicle parked in the space; ensure that the spaces and access aisle are level with surface slopes not exceeding 1:50 in all directions. ァァ 4.1.2(5)(b), 4.6.2, 4.6.4.
    2. The top of the service counter in the main lobby is 41-3/4 inches above the finish floor. Provide a counter that is at least 36 inches wide and no more than and no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches in compliance with the Standards; or provide equivalent facilitation (e.g., offer those services at an accessible location for individuals who use wheelchairs ).ァ 7.2(2)
    3. The public telephone in the main lobby area does not comply with the Standards. Provide a public telephone that has hearing aid compatibility, volume control, signage showing a handset with radiating sound waves, and that has the highest operable part no higher than 54 inches above the floor for a side reach or, if that is not available, no higher than 48 inches for a front reach. ァァ 4.1.3(17)(a), (b), 4.31.2 through 4.31.8, 4.30.7(2), 4.2.5, 4.2.6.
    4. Men's and Women's Toilet Rooms
      1. The permanent room signage is mounted on the doors and lacks Braille. Install signage, using raised lettering and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the ground and a person can approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. ァァ 4.1.3(16), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
      2. The length of the rear grab bar is less than 36 inches. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted at least 12 inches from the toilet centerline, i.e., no more than 6 inches from the side wall. ァ 4.16.4 & Fig. 29.
  3. The City shall complete the following modifications to Fire Station #1 within six months of the effective date of this Agreement:
    1. None of the designated accessible parking spaces is van-accessible. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and install an additional "van-accessible" sign mounted below the symbol of accessibility in a location that will not be obscured by a vehicle parked in the space. ァァ 4.1.2(5)(b), 4.6.4.
    2. Accessible Unisex Toilet Room
      1. The toilet room signage is mounted on the door and does not have raised characters and Braille. Provide a sign that has raised characters and Braille and is mounted on the latch side of the door so that the centerline is 60 inches above the finish floor and a person may approach to within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. ァァ 4.1.3(16), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
      2. There is no rear grab bar . Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted at least 12 inches from the toilet centerline, i.e., no more than 6 inches from the side wall. ァ 4.16.4 & Fig. 29.
      3. The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Install insulation on the pipes. ァ 4.19.4.
      4. The mirror is mounted so that the bottom edge of the reflecting surface is more than 40 inches above the finish floor. Provide a mirror mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. ァ 4.19.6.
  4. The City shall complete the following modifications to the Municipal Pool within one year of the effective date of this Agreement:
    1. There is no accessible route from the accessible parking to the pool entrance. Establish an accessible route from the accessible parking to the pool entrance. ァァ 4.1.2(1), 4.3, 4.5.
    2. Men's and Women's Locker Rooms
      1. The hair dryer in the women's locker room is mounted so that the control is 64 inches above the finish floor. Provide a hair dryer so that the highest operable part is not higher than 54 inches above the finish floor for a side reach or, if that is not available, 48 inches above the finish floor for a front reach. ァァ 4.27.3, 4.2.5, 4.2.6.
      2. The accessible toilet stalls in both the men's and women's locker rooms are too narrow. Provide a "standard" accessible toilet stall in each room that is at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep for a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. ァァ 4.13, 4.16, 4.17 and Fig. 30, 4.26, 4.27.
      3. There is no bench in either room onto which a person who uses a wheelchair can make a parallel transfer. Provide a bench that is 24 inches wide and 48 inches long fixed to the wall along the longer dimension, mounted 17 inches to 19 inches above the finish floor, and that otherwise complies with the Standards ァァ 4.35.4, 4.26.3.
  5. The City shall complete the following modifications to Wight Park within one year of the effective date of this Agreement:
    1. The shelter house toilet rooms do not have the required signage. Install signage, using raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of signs without encountering protruding objects or standing within the swing of a door. ァァ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
    2. The centerline of the toilet in the shelter house toilet rooms is several feet from the side wall, as is the side grab bar. Provide a wall that is exactly18 inches from the centerline of the toilet to support the side grab bar; provide a side grab bar that is exactly 1 ス inches from the new side wall, that begins no more than 12 inches from the back wall, is at least 42 inches long, and extends at least 54 inches from the back wall. ァァ 4.22.4, 4.16.2 & Fig. 28, 4.16.4 and Fig. 29(b), 4.26.2.
    3. The toilet rooms at the zoo were locked during the onsite investigation and therefore could not be reviewed by the Department. Within 3 months of the effective date of this Agreement, the City will review the rooms and submit a report, including architectural drawings or photographs, to the Department that documents whether these toilet rooms fully comply with the Standards. ァァ 4.22; 4.16 (toilets not in stalls), 4.17 & Fig. 30 (standard stall); 4.18 (urinal); 4.19 (lavatory and mirror); 4.2 (floor space); 4.3 (accessible route); 4.13 (doors); 4.26 (grab bars); 4.27 (controls). Should the City or the Department determine that the toilet rooms do not fully comply with the Standards, the City will complete any physical modifications to the toilet rooms as directed by the Department within 180 days of the Department's written response to the City's report.
    4. Portable toilets were located at the playground at the time of the Department's onsite investigation. If portable toilets are provided at this site, provide at least 5%, but not less than one, accessible single user portable toilet, identified by the International Symbol of Accessibility, at each cluster where inaccessible units are provided. ァァ 4.1.2(6), 4.22.
    5. The designated accessible unisex toilet room in the Hoover Pavilion has the following non-compliant elements: There is no level landing at the top of the ramp leading to the entrance door; there is insufficient maneuvering clearance on the pull side of the door due to the elevated ramp and handrails; one handrail has become unbolted from the floor; the lavatory has no clearance below the bottom of the apron; the toilet centerline is 27 inches from the side wall; the side grab bar does not extend at least 54 inches from the rear wall and is mounted more than 1 ï½½ inches away from the side wall.

      Provide an accessible toilet room on an accessible route that complies fully with the Standards. ァァ 4.3.8, 4.8, 4.5, 4.26 (route, ramp); 4.22; 4.16 (toilets not in stalls), 4.19 (lavatory and mirror); 4.2 (floor space); 4.13 (doors); 4.26 (grab bars); 4.27 (controls).

IMPLEMENTATION AND ENFORCEMENT

  1. Except as otherwise specified in this Agreement, at 90 and 180 days after the effective date of this Agreement, and thereafter at yearly anniversaries of the effective date, the City will submit written reports to the Department summarizing the actions the City has taken pursuant to this Agreement. Reports will include photographs, architectural plans, notices published in the newspapers, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations.
  2. 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 shall not be unreasonably withheld or delayed.
  3. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it will so notify the City in writing and it will attempt to resolve the issue or issues in good faith. 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 directly to enforce title II or to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce ァ 504 of the Rehabilitation Act.
  4. 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.
  5. In the event that the City fails to comply in a timely manner with any requirement of this Agreement without obtaining a sufficient advance written agreement with the Department as a temporary modification of the relevant terms of this Agreement, the Department may file suit in an appropriate federal court to enforce the terms of the Agreement, may declare the Agreement null and void and file suit to enforce title II of the ADA, or it may initiate appropriate steps to enforce ァ 504 of the Rehabilitation Act.
  6. This Agreement is a public document. 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.
  7. The effective date of this Agreement is the date of the last signature below.
  8. 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 any other Federal law. This Agreement does not affect the City's continuing responsibility to comply with all aspects of the ADA.
  9. This Agreement will remain in effect for three years from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the City has been achieved.
  10. The person signing for the City of Dodge City represents that he is authorized to bind the City to this Agreement.

    For the City:

    ________________________________    Date:____________
    MAYOR DAVID WILLIAMS
    City of Dodge City
    P.O. Box C
    Dodge City, Kansas 67801

    For the United States:

    BILL LANN LEE,
    Assistant Attorney General
    for Civil Rights

    ________________________________    Date:____________
    JOHN L. WODATCH, Chief
    ALLISON NICHOL, Deputy Chief
    SUSAN B. REILLY, Supervisory Attorney
    Disability Rights Section
    Civil Rights Division
    U.S. Department of Justice
    P.O. Box 66738
    Washington, DC 20035-6738

    ATTACHMENT A Summary of Personnel Principles in Compliance with Title I of the ADA

    The City does not discriminate on the basis of disability in its hiring or employment practices. The City will not ask a job applicant about the existence, nature, or severity of a disability or medical condition. 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. The City 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. To the extent its selection criteria for employment decisions have the effect of disqualifying an individual because of disability, those criteria will be job-related and consistent with business necessity. Employees' medical information will be maintained separately from personnel files and protected by confidentiality.

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Updated August 6, 2015

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