JURISDICTION

 

1.         The ADA applies to Juneau because it is a "public entity" as defined by title II.  42 U.S.C. § 12131(1).

 

2.         The Department is authorized under 28 C.F.R. Part 35, Subpart F, to determine the compliance of Juneau with title II of the ADA and the Department's title II implementing 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. § 12133, to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance pursuant to Subpart F.

 

3.         The Department is authorized under 28 C.F.R. Part 42, Subpart G, to determine Juneau's compliance with section 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. § 794 and 28 C.F.R. §§ 42.530 and 42.108-110, to suspend or terminate financial assistance to Juneau 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.

 

4.         The parties to this Agreement are the United States of America and the City and Borough of  Juneau ("Juneau" or "CBJ").

 

5.         In order to avoid the burdens and expenses of an investigation and possible litigation, the parties enter into this Agreement.

 

6.         In consideration of, and consistent with, the terms of this Agreement, the Attorney General agrees to refrain from filing a civil suit in this matter regarding all matters contained within this Agreement, except as provided in the section entitled "Implementation and Enforcement."

 

 

ACTIONS TAKEN BY JUNEAU

 

7.         Juneau first established a disabled citizens and staff ACcess Taskforce (ACT) in 1988.  The Taskforce gathered community input, assessed facilities, and steered city money to projects that improved access.  The ACT group became the Citizen's ADA Advisory Committee after the passage of the ADA.

 

8.         Juneau's ADA Transition Plan for general-fund buildings, put together upon passage of the ADA, created an access upgrades punchlist and delegated $50,000-$100,000 per year for about six years for removal of barriers to access identified under the Plan.

 

9.         Due to Juneaus's extreme tides, it can be difficult to provide docks that are consistently at a slope that can be navigated by persons with disabilities.  Despite this challenge, in light of the importance of fishing as a community recreational activity, Juneau determined that it was important to find a way for persons who have disabilities to have access to a fishing dock.  Accordingly, the fishing platform at Wayside Park was created with a dock that is reinforced so persons with disabilities may drive their vehicles onto the platform, transferring out of their vehicles once they've reached the level fishing platform.  Additionally, the platform was created with a lift-off lip, so persons with disabilities may more easily transfer onto boats.

 

10.       Twin Lakes Fishing Dock: To ensure that residents and tourists could also have accessible fresh water fishing available, the State and City put joint funding toward Juneau's first accessible fishing dock at Twin Lakes, which is stocked with young trout and salmon.

 

11.       Statter Harbor has a dock with a removable edge to enable for boaters who use wheelchairs to effect transfers onto the dock.

 

12.       All three public libraries have, for years, provided  computer stations with headphones and screen reader programs, set up for people who are blind.  Additionally, there are a computer desks reserved for people who use wheelchairs.

 

13.       To make their 9-1-1 system accessible to persons who are deaf or hard of hearing, Juneau has provided a TTY at each 9-1-1 call station and its operators are trained to TTY-query all silent calls.

 

14.       In order to ensure that TTY's would be available throughout the Borough, Juneau solicited from the deaf community a list of preferred locations and then either TTY payphones or portable TTY's (available upon request) at all those requested locations, including those where TTY's were not required under the ADA Standards for Accessible Design.

 

15.       Juneau provides opportunities for same-day balloting for voters with disabilities whose assigned polling places do not have accessible parking, exterior route, entrance, or interior route to the voting area.

 

16.       Eaglecrest Ski Area, owned and operated by Juneau, has had a disabled skier program for many years and is home to a monoskier who represented the United States in the Winter Paralympics in Salt Lake City in 2002.

 

 

 

REMEDIAL ACTION

 

NOTIFICATION

 

17.       Within two months of the effective date of this Agreement, Juneau will adopt the attached Notice (Attachment A); distribute it to all agency heads; publish the Notice in a local newspaper of general circulation serving Juneau; post the Notice on its Internet Home Page; and post copies in conspicuous locations in its public buildings.  It will refresh the posted copies, and update the contact information contained on the Notice, as necessary, for the life of this Agreement.  Copies will also be provided to any person upon request.

 

18.       Within three months of the effective date of this Agreement, and on yearly anniversaries of this Agreement until it expires, Juneau will implement and report to the Department its written procedures for providing information for interested persons with disabilities concerning the existence and location of Juneau's accessible programs, services, and activities.

 

 

GRIEVANCE PROCEDURE

 

19.       Within three months of the effective date of this Agreement, Juneau will adopt the attached ADA Grievance Procedure (Attachment B), distribute it to all agency heads, and post copies of it in conspicuous locations in each of its public buildings.  It will refresh the posted copies, and update the contact information contained on it, as necessary, for the life of the Agreement.  Copies will also be provided to any person upon request.

 

 

GENERAL EFFECTIVE COMMUNICATION PROVISIONS

 

20.       Within three months of the effective date of this Agreement, Juneau will identify sources of qualified sign language and oral interpreters, real-time transcription services, and vendors that can put documents in Braille, and will implement and report to the Department its written procedures, with time frames, for fulfilling requests from the public for sign language or oral interpreters, real-time transcription services, and documents in alternate formats (Braille, large print, cassette tapes, etc.).

 

21.       Juneau will take steps to ensure that all appropriate employees are trained and practiced in using the Alaska Relay Service to make and receive calls.

 

 

 

LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION

 

22.       Within six months of the effective date of this Agreement, Juneau will adapt for its own use and implement the City and Borough of Juneau's Police Department's Policy Statement on Effective Communication with People Who are Deaf or Hard of Hearing [Attachment C] and distribute to all Police officers the Guide for Law Enforcement Officers When in Contact with People Who are Deaf or Hard of Hearing [Attachment D].

 

23.       Within six months of the effective date of this Agreement, Juneau will contract with one or more local qualified oral/sign language interpreter agencies to ensure that the interpreting services will be available on a priority basis, twenty-four hours per day, seven days a week, to its Police Department or make other appropriate arrangements (such as contracting directly with or hiring qualified interpreters), to the extent that doing so does not impose an undue burden.

 

24.       Within six months of the effective date of this Agreement, Juneau will ensure that each police station or substation and each jail is equipped with a working TTY to enable persons who are deaf, hard of hearing, or who have speech impairments to make outgoing telephone calls.  Where inmate telephone calls are time-limited, Juneau will adopt policies permitting inmates who use TTY's a longer period of time to make those calls, due to the slower nature of TTY communications compared with voice communications.

 

 

EMPLOYMENT

 

25.       Within three months of the effective date of this Agreement, Juneau will amend its employment policies, as necessary, to comply with the regulations of the U.S. Equal Employment Opportunity Commission implementing title I of the Americans with Disabilities Act of 1990, codified at 29 C.F.R. Part 1630.  At minimum, those policies will provide that Juneau:

 

C                       will not discriminate on the basis of disability in its hiring or employment practices.

 

C                       will not ask a job applicant about the existence, nature, or severity of a disability.  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.

 

C                       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 Juneau's business.

 

C                       if an applicant or employee requests a reasonable accommodation and the individual's disability and need for the accommodation are not readily apparent or otherwise known, Juneau may ask the individual for information necessary to determine if the individual has a disability-related need for the accommodation.

 

C                       will maintain any employee's medical records separate from personnel files and keep them confidential.

 

C                       will make an individualized assessment of whether a qualified individual with a disability meets selection criteria for employment decisions.  To the extent Juneau's selection criteria have the effect of disqualifying an individual because of disability, those criteria will be job-related and consistent with business necessity.

 

VOTING

 

26.       Within three years of the effective date of this Agreement, Juneau will develop and implement a way for persons who are blind or have low vision to vote independently and privately, whether through ballots and instructions in alternate formats (in-person and absentee), Braille templates and audio instructions, the provision of accessible voting machines, or some other method.

 

27.       Starting three months from the effective date of this Agreement, when Juneau purchases or otherwise acquires new voting machines, one such newly-acquired machine per polling location will be the most accessible model for persons with disabilities (including those with mobility and visual impairments) that has been approved for City use by the applicable governing authority (e.g., State Secretary of Elections or other such official).

 

28.       Starting three months from the effective date of this Agreement, when setting up its voting equipment, Juneau will ensure that the equipment's accessibility to persons with disabilities is maximized, such as setting up table-top equipment on accessible tables and within the reach ranges required by the Standards, as shown in Attachment E.

 

29.       Within the month prior to the next election that utilizes Juneau's polling places, and at yearly anniversaries of the effective date of this Agreement until it expires, Juneau will train poll workers on the rights of people with disabilities and the practical aspects of assuring those rights.  The training will cover, at minimum, the need to maintain the physical accessibility of polling locations; how to assist people with disabilities, as necessary; and how to operate any non-standard voting equipment or accessible features of standard equipment (particularly new, accessible equipment).

 

 

 

EMERGENCY MANAGEMENT PROCEDURES AND POLICIES

 

30.       If Juneau contracts with another entity, such as the American Red Cross or another local government, to provide its emergency preparedness plans and emergency response services, Juneau will ensure that the other entity complies with the following provisions on its behalf.

 

31.       Within three months of the effective date of this Agreement, Juneau will implement and report to the Department its written procedures that ensure that it regularly solicits and incorporates input from persons with a variety of disabilities and those who serve them regarding all phases of its emergency management plan (preparation, notification, response, and clean up).

 

32.       Currently, due to its geographic remoteness, the absence of roads connecting Juneau with other communities, and extreme weather, Juneau has no community evacuation plans.  If Juneau develops such plans, it will simultaneously develop and report to the Department written procedures that ensure that its community evacuation plans enable those who have mobility impairments, vision impairments, hearing impairments, cognitive disabilities, mental illness, or other disabilities to safely self-evacuate or be evacuated by others.  Some communities are instituting voluntary, confidential registries of persons with disabilities who may need individualized evacuation assistance or notification.  If Juneau adopts or maintains such a registry, its report to the Department will discuss its procedures for ensuring voluntariness, appropriate confidentiality controls, and how the registry will be kept updated, as well as its outreach plan to inform persons with disabilities of its availability.  Whether or not a registry is used, Juneau plan should address accessible transportation needs for persons with disabilities.

 

33.       Due to the type of emergencies faced by the community and other factors, Juneau has only two limited emergency warning systems: one would notify businesses in a specific area of town that a damn upstream has burst and they have minutes to evacuate; the other would notifies persons downtown of fire.  Both of these systems rely on audible warnings.  Within three months of the effective date of this Agreement, Juneau will implement and report to the Department its written procedures that ensure that if the existing or any newly-introduced emergency warning systems use sirens or other audible alerts, it will also provide ways to inform persons with hearing impairments of an impending disaster.  The use of auto-dialed TTY messages to pre-registered individuals who are deaf or hard of hearing, text messaging, e-mails, open-captioning on local TV stations and other innovative uses of technology may be incorporated into such procedures, as well as lower-tech options such as dispatching qualified sign language interpreters to assist with emergency TV broadcasts.

 

34.       To the extent that Juneau develops a plan to provide emergency sheltering, it will develop and report to the Department written procedures that ensure that at least one emergency shelter has a back-up generator and a way to keep medications refrigerated (such as a refrigerator or a cooler with ice).  Such shelter(s) will be made available to persons whose disabilities require access to electricity and refrigeration, for example, for using life-sustaining medical devices, providing power to motorized wheelchairs, and preserving certain medications, such as insulin, that require refrigeration.  The written procedures will include a plan for notifying persons of the location of such shelter(s).

 

35.       To the extent that Juneau develops a plan to provide emergency sheltering, it will also implement and report to the Department its written procedures to ensure that persons who use service animals are not separated from their service animals when sheltering during an emergency, even if pets are normally prohibited in shelters.  The procedures will not unnecessarily segregate persons who use service animals from others but may take into account the potential presence of persons who, for safety or health reasons, should not be in contact with certain types of animals.

 

36.       Some of the facilities that may be used as Juneau's emergency shelters may be owned or operated by other public entities subject to title II or by public accommodations subject to title III and, as such, are subject to the obligation to provide program access or remove barriers to accessibility under the ADA.  This Agreement does not limit such future enforcement action against the owners or operators of these facilities by any person or entity, including the Department.

 

37.       To the extent that Juneau develops a plan to provide emergency sheltering, it will choose the most accessible shelter locations among those available.  Within six months of the effective date of this Agreement and until all emergency shelters have accessible parking, exterior routes, entrances, interior routes to the shelter area, and toilet rooms serving the shelter area, Juneau will identify and widely publicize to the public and to persons with disabilities and the organizations that serve them the most accessible emergency shelters.

 

38.       To the extent that Juneau provides opportunities for post-emergency temporary housing to its residents, within 3 months of the effective date of this Agreement, it will develop, implement, and report to the Department its plans for providing equivalent opportunities for accessible post-emergency temporary housing to persons with disabilities.  Within one year of the effective date of this Agreement, Juneau will ensure that information it makes available regarding temporary housing includes information on accessible housing (such as accessible hotel rooms within the community or in nearby communities) that could be used if people with disabilities cannot immediately return home after a disaster if, for instance, necessary accessible features such as ramps or electrical systems have been compromised.

 

 

SIDEWALKS

 

39.       Within three months of the effective date of this Agreement, Juneau will implement and report to the Department its written process for soliciting and receiving input from persons with disabilities regarding the accessibility of its sidewalks, including, for example, requests to add curb cuts at particular locations.

 

40.       Within three months of the effective date of this Agreement, Juneau will identify and report to the Department all streets, roads, and highways that have been constructed or altered since January 26, 1992.  Paving, repaving, or resurfacing a street, road, or highway is considered an alteration for the purposes of this Agreement.  Filling a pothole is not considered an alteration for the purposes of this Agreement.  Within three years of the effective date of this Agreement, Juneau will provide curb ramps or other sloped areas complying with the Standards or UFAS at all intersections of the streets, roads, and highways identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway.

 

41.       Beginning no later than three months after the effective date of this Agreement, Juneau will provide curb ramps or other sloped areas complying with the Standards or UFAS at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered.

 

42.       Within three months of the effective date of this Agreement, Juneau will identify all street level pedestrian walkways that have been constructed or altered since January 26, 1992.  Paving, repaving, or resurfacing a walkway is considered an alteration for the purposes of this Agreement.  Within three years of the effective date of this Agreement, Juneau will provide curb ramps or other sloped areas complying with the Standards or UFAS at all places where a street level pedestrian walkway identified under this paragraph intersects with a street, road, or highway.

 

43.       Beginning no later than three months after the effective date of this Agreement, Juneau will provide curb ramps or other sloped areas complying with the Standards or UFAS at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway.

 

 

WEB-BASED SERVICES AND PROGRAMS

 

44.       Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, Juneau will distribute to all persons employees and contractors who design, develop, maintain, or otherwise have responsibility for content and format of its website(s) or third party websites used by Juneau (Internet Personnel) the technical assistance document, "Accessibility of State and Local Government Websites to People with Disabilities," which is Attachment F to this Agreement (it is also available at www.ada.gov/websites2.htm).

 

45.       Within one year of the effective date of this Agreement, and throughout the life of the Agreement, Juneau will do the following:

 

A.        Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation;

 

B.        Ensure that all new and modified web pages and content are accessible;

 

C.        Develop and implement a plan for making existing web content more accessible;

 

D.        Provide a way for online visitors to request accessible information or services by posting a telephone number or e-mail address on its home page; and

 

E.         Periodically (at least annually) enlist persons with disabilities to test its pages for ease of use.

 

 

PHYSICAL CHANGES TO FACILITIES

 

46.       The elements or features of Juneau's facilities that do not comply with the Standards, including those listed in Attachments G, H, I, and J, prevent persons with disabilities from fully and equally enjoying Juneau's services, programs, or activities and constitute discrimination on the basis of disability within the meaning of 42 U.S.C. § 12132 and 28 C.F.R. §§ 35.149 and 35.150.

 

47.       Juneau will comply with the cited provisions of the Standards when taking the actions required by this Agreement.

 

48.       Within three months of the effective date of this Agreement, Juneau will install signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.

 

49.       Newly Constructed Facilities:  In order to ensure that the following spaces and elements in Juneau's facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, Juneau will take the actions listed in Attachment G.

 

50.       Altered Facilities:  In order to ensure that the following spaces and elements in Juneau facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, Juneau will take the actions listed in Attachment H.

 

51.       Program Access in Existing Facilities:  In order to ensure that each of Juneau'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 mobility impairments, the Juneau will take the actions listed in Attachment I.

 

PROGRAM MODIFICATIONS

 

52.       Access to Juneau Programs Housed in Others' Facilities:  In order to ensure that Juneau's programs, services, and activities that are the subject of this Agreement and that are operated by the Juneau at facilities owned or controlled by other entities, when viewed in its entirety, are readily accessible to and usable by persons with mobility impairments, the Juneau will take the actions listed in Attachment J.

 

MISCELLANEOUS PROVISIONS

 

53.       Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, Juneau will submit written reports to the Department summarizing the actions Juneau has taken pursuant to this Agreement.  Reports will include detailed photographs showing measurements, architectural plans, work orders, notices published in the newspaper, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations or equipment.

 

54.       Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), Juneau will maintain the accessibility of its programs, activities, services, facilities, and equipment, and will take whatever actions are necessary (such as routine testing of accessibility equipment and routine accessibility audits of its programs and facilities) to do so.  This provision does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs.  28 C.F.R. § 35.133(b).

 

55.       Within six months of the effective date of this Agreement, Juneau will develop or procure a two-hour training program on the requirements of the ADA and appropriate ways of serving persons with disabilities.  Juneau will use the ADA technical assistance materials developed by the Department and will consult with interested persons, including individuals with disabilities, in developing or procuring the ADA training program.

 

56.       Within one year of the effective date of this Agreement, Juneau will deliver its training program to all Juneau employees who have direct contact with members of the public.  At the end of that period, Juneau will submit a copy of its training curriculum and materials to the Department, along with a list of employees trained and the name, title, and address of the trainer.

 

 

IMPLEMENTATION AND ENFORCEMENT

 

57.       If at any time Juneau 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 will not be unreasonably withheld or delayed.

 

58.       The Department may review compliance with this Agreement at any time.  If the Department believes that Juneau has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a modification of the relevant terms, the Department will so notify Juneau 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 Juneau, it may institute a civil action in federal district court to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce title II and section 504 of the Rehabilitation Act.

 

59.       For purposes of the immediately preceding paragraph, it is a violation of this Agreement for Juneau to fail to comply in a timely manner with any of its requirements without obtaining sufficient advance written agreement with the Department for an extension of the relevant time frame imposed by the Agreement.

 

60.       Failure by the Department to enforce this entire Agreement or any provision thereof with regard 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.

 

61.       This Agreement is a public document.  A copy of this document or any information contained in it will be made available to any person by Juneau or the Department on request.

 

62.       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 (including its Attachments, which are hereby incorporated by reference), will 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 Juneau's continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act.

 

63.       This Agreement will remain in effect for five years.

 

 

64.       The person signing for Juneau represents that she is authorized to bind Juneau to this Agreement.

 

65.       The effective date of this Agreement is the date of the last signature below.

 

 

 

 

 

For the City and Borough of Juneau, Alaska:           By: ____________________________       DONNA PIERCE, Deputy City Manager                       Date:  ___________________________

For the United States:        R. ALEXANDER ACOSTA,      Assistant Attorney General for Civil Rights     By:_____________________________                          JOHN L. WODATCH, Chief      JEANINE WORDEN, Deputy Chief      MARY LOU MOBLEY, Senior Counsel      LINDA GARRETT, Equal Opportunity Specialist      MICHELE ANTONIO MALLOZZI, Architect      U.S. Department of Justice      Civil Rights Division      950 Pennsylvania Avenue, N.W.      Disability Rights Section - NYA      Washington, DC 20530     Date:  ______________________________