In The United States District Court For The District Of New Mexico

UNITED STATES OF AMERICA, Plaintiff

v.
TOWN OF TATUM, NEW MEXICO, Defendant, and
MARVIN RAY LYON, Plaintiff-In-Intervention v.
TOWN OF TATUM, NEW MEXICO,
C. BARRY CRUTCHFIELD, BETTY
RICKMAN, VICTOR VICE, WAYNE
MAYFIELD, JUDY LAMBERT AND
REX FLEETWOOD, Defendants.

CIV-97-1219 LH/LFG

CONSENT DECREE
This action was brought by the United States against the Town of Tatum, New Mexico ("Town") to enforce the provisions of Title I of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. ァ 12111 et seq., following a referral by the Equal Employment Opportunity Commission ("EEOC") to the Department of Justice of a charge filed by Marvin R. Lyon (Charge Number 390960504). In its Complaint, the United States alleges, in sum, that the Town discharged Mr. Lyon from his position as a volunteer Emergency Medical Technician ("EMT") in retaliation for having obtained a settlement in a lawsuit he filed against the Town under the ADA, 42 U.S.C. ァ 12101 et seq. In particular, the United States alleges that the actions of the Town are in violation of Section 503 of the ADA (42 U.S.C. ァ 12203), which prohibits retaliation against individuals who have exercised rights accruing from the ADA. The Town denies that it has discriminated or retaliated in any manner against Mr. Lyon as alleged by the United States. The United States and the Town desire to settle the action between them without the burden of prolonged litigation. This Consent Decree resolves all allegations raised by the United States in its Complaint. The United States and the Town agree that this Court has jurisdiction over the parties and over the subject-matter of this action.
It is therefore ORDERED, ADJUDGED AND DECREED as follows:
  1. The Town, by and through its elected officials, agents, employees, and representatives, is enjoined from engaging in any act or practice that has the purpose or effect of unlawfully discriminating against any employee or applicant for employment on the basis of disability in violation of the ADA.
  2. The Town, by and through its elected officials, agents, employees, and representatives, is enjoined from retaliating against Mr. Lyon or any other person who: (1) opposes or has opposed policies or practices he or she believes to discriminate on the basis of disability; (2) has filed an EEOC charge; or (3) has participated in or cooperated with the initiation, investigation, litigation, or resolution of this or any other action brought against the Town alleging discrimination on the basis of disability.
  3. The Town shall post notices on all employee bulletin boards at the Tatum Town Hall, in the form of Appendix A. The notices shall remain posted for one year from the date of entry of this Consent Decree by the Court.
  4. Within one year of the entry of this Consent Decree, the Town shall participate in Americans with Disabilities Act training not to exceed eight hours. The training shall be provided to all Town officials (including those who are elected) and full-time employees regarding the anti-discrimination and anti-retaliation provisions of the ADA.
  5. The United States recognizes that the Town made an offer of monetary compensation to Mr. Lyon which was believed to be reasonable and appropriate to resolve the matters raised in the United States' Complaint which he initially rejected; the Town and Mr. Lyon later agreed to resolve all claims.
  6. During the term of this Consent Decree, the Town shall notify the undersigned counsel for the United States if any individual brings any lawsuit, complaint, charge, or grievance alleging retaliation by the Town or any of its agents in violation of the ADA. Such notification shall be provided in writing via certified mail within fifteen days of when the Town has received notice of the allegation and shall include, at a minimum, the nature of the allegation, the name of the individual bringing the allegation and any documentation possessed by the Town relevant to the allegation.
  7. The United States and the Town shall attempt to resolve informally any disputes that may arise under this Consent Decree. If an informal resolution cannot be achieved, the party raising the issue(s) in dispute shall provide written notice to the other of the nature of the dispute(s) and the corrective action sought. If within thirty days of such notice corrective action has not been taken to the satisfaction of the party raising the issue(s), the matter may be presented to this Court for resolution.
  8. The Court shall retain jurisdiction over this Consent Decree for one year for the purposes of resolving any disputes that may arise between the parties under this Decree and entering such orders as may be appropriate.
  9. This Consent Decree shall terminate one year from the date of its entry. Before its termination, any party may move to extend the duration of the Decree on the basis that the other party has knowingly violated its terms and conditions.
  10. The United States and the Town shall bear their own costs, including attorneys' fees, except that the parties to this Consent Decree retain the right to seek costs for any matter that, in the future, may arise from this Decree and require resolution by the Court.
It is so ORDERED, this _____ day of ________, 1998.

______________________________
UNITED STATES DISTRICT JUDGE

____________________
MARCIA E. LUBAR
Hatch, Allen & Shepherd
Post Office Box 30488
Albuquerque, New Mexico 87190
(505) 883-5511

Attorney for Defendant

____________________
ALLISON J. NICHOL
STEVEN E. BUTLER
ROBERTA STINAR KIRKENDALL
Disability Rights Section
Civil Rights Division
United States Department of Justice
Post Office Box 66738
Washington, D.C. 20035-6738
(202) 514-8887

Attorneys for Plaintiff

NOTICE TO EMPLOYEES

This Notice is posted under a Consent Decree between the United States Department of Justice and the Town of Tatum, entered in the case United States v. Town of Tatum, New Mexico, CIV-97-1219 LH/LFG (D.N.Mex.).

Title I of the Americans with Disabilities Act of 1990 ("ADA") prohibits employment discrimination on the basis of disability. The ADA makes it unlawful to discriminate against a qualified individual with a disability because of that disability in connection with the application, hiring, promotion, transfer, assignment, discharge, compensation, job training, and other terms, conditions and privileges of employment. The ADA also makes it unlawful to retaliate against an individual because that individual has opposed any act or practice made unlawful by the ADA or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the ADA.

The Equal Employment Opportunity Commission ("EEOC") is the federal agency primarily responsible for investigating individual charges of employment discrimination under the ADA. Any individual who believes that he or she has been discriminated against in violation of the ADA, or who desires more information on the ADA or other employment discrimination statutes, can contact the EEOC as follows:

         Equal Employment Opportunity Commission
         Albuquerque District Office
         505 Marquette, Northwest, Suite 900
         Albuquerque, New Mexico 87102
         (505) 248-5176

The Town of Tatum supports and will comply with the ADA in all respects.

__________________________
BETTY RICKMAN, MAYOR >
Updated August 6, 2015

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