Settlement Agreement Between The United States Of America And The City Of Oregon, Ohio Under The Americans With Disabilities Act

BACKGROUND

1. This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. ｧｧ 12131-12134, with the United States Department of Justice (Department) against the City of Oregon, Ohio (City). The complaint alleged that no City offices have teletypewriters (TTYs) or other auxiliary aids and services that help to ensure effective communication with persons having hearing disabilities. 28 C.F.R. ｧｧ 35.160 - 164.
2. The ADA applies to the City because it is a public entity as defined in 42 U.S.C. ｧ 12131.
3. The Department of Justice is authorized to investigate complaints under title II of the ADA and to bring suit in particular cases. 42 U.S.C. ｧ 12133.
4. The parties have agreed to resolve this matter as set forth below, without adjudication of any factual and legal disputes.

AGREEMENT

5. The City agrees to provide to program participants and to members of the public appropriate auxiliary aids and services, including TTYs, upon reasonable notice and when necessary to ensure effective communication with individuals with hearing impairments.
6. The City will adopt a written policy and set of procedures implementing ｶ5 within five days of the effective date of this Agreement. The document will be integrated into any existing and future policies and procedures and copies will be distributed to all staff and provided to members of the public upon request. The policy is attached hereto.
7. Notice of the City's new policy will be posted in prominent locations in all City offices within ten days of the effective date of this Agreement. A copy of the notice to be posted is attached hereto.
8. In order to ensure that all City employees understand and comply with the new policy, training will be held within 15 days of the effective date of this Agreement. All City employees will be required to attend.
9. The City agrees to review the attached technical assistance guidance about the requirements of the ADA for direct and equal access to 9-1-1 telephone emergency services provided by the Department. Where its current 9-1-1 system does not meet the guidance, the City agrees to make appropriate changes.
10. In consideration of the promises made in ｶｶ 5 through 9, the Department agrees to close the investigation of complaint DJ# 204-57-113 and to refrain from bringing a civil action against the City.

ENFORCEMENT

11. The Department of Justice may review compliance with this Agreement at any time. If the Department determines that this Agreement, or any of its requirements, has been violated, it may institute a civil action in Federal district court to enforce this Agreement or the requirements of title II, following written notice to the City of the possible violation and a period of 10 days in which the City has the opportunity to cure the alleged violation.
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 the Department's right to enforce other deadlines and provisions of this Agreement.

IMPLEMENTATION

13. This Agreement is a public document. A copy of the document or any information contained in it may be made available to any person upon request.
14. The effective date of this Agreement is the date of the last signature below.
15. 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.
16. This Agreement is limited to the facts set forth above and 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 title II of the ADA.
17. The person signing this document for the City represents that he or she is authorized to bind the City to this Agreement.

For the United States:

Bill Lann Lee
Acting Assistant Attorney General

By:_________________________   Date:___________________
      John L. Wodatch, Chief
      L. Irene Bowen, Deputy
      Susan Reilly, Supervisory Attorney
      Thomas Esbrook, Investigator
      Disability Rights Section
      U.S. Department of Justice
      P.O. Box 66738
      Washington, D.C. 20035
      (202) 307-0633





For the City of Oregon

By: ________________________   Date:___________________
      James A. Haley, Mayor
      Paul S. Goldberg, Law Director

CITY OF OREGON, OHIO
POLICY ON
EFFECTIVE COMMUNICATIONS IN SITUATIONS
INVOLVING INDIVIDUALS WITH HEARING DISABILITIES

Policy. It is the policy of the City of Oregon ("City") to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others. The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a program, service, or activity conducted by the City. In determining what type of auxiliary aid or service is necessary, the City will give primary consideration to the requests of the individual with a disability.

Auxiliary Aids and Services. "Auxiliary Aids and Services" include teletypewriters ("TTYs"), qualified interpreters, note takers, transcription services, written materials, assistive listening systems, or other effective methods of making aurally delivered materials available to individuals with hearing impairments.

Notification of Rights. The City will notify individuals with disabilities about their rights to have effective communications through the provision of auxiliary aids and services. The City will post this information in prominent locations throughout City Hall and the police station through use of the attached Notice and this Policy. Notice of the City's commitment to comply with the provisions of the Americans with Disabilities Act is to be provided to all applicants, participants, and members of the public with disabilities. The Notice names a responsible employee, the ADA Coordinator, who may be contacted via traditional telephone and TTY.

Requests. The ADA Coordinator designated to provide access, modifications and effective communications should be notified whenever assistance is required by persons with disabilities. The City's ADA Coordinator is _______ and can be reached at (___) ---- (voice or TTY).

Grievance Procedures. If the requesting individual is dissatisfied with the response to a request for assistance, auxiliary aids and services or other modifications, the individual should contact the ADA Coordinator and attempt to resolve the grievance within one week.

Esbrook's Directory - "oregonagreement"