SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

COLUMBIA COUNTY, NEW YORK

DJ 204-50-41

I.BACKGROUND

A.SCOPE OF THE INVESTIGATION

This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12131-12134, with the United States Department of Justice (“Department”) against the Columbia County, New York (“County”). The complaint was received by the Civil Rights Division of the Department of Justice, under the authority of 28 C.F.R. Part 35. The complainant alleged that the 401 Union Street - County Courthouse building is not accessible because structural barriers and other deficiencies make the programs, services, and activities offered in the building inaccessible to persons with mobility impairments. The Department’s investigation was later expanded to ensure that the programs, services, and activities offered in all the County buildings are accessible to persons with disabilities and that persons with disabilities are not excluded from participation in, or are denied the benefits of County services, programs, and activities.

Because the County receives financial assistance from the Department of Justice, the investigation was also conducted under the authority of § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department’s implementing regulation, 28 C.F.R. Part 42, Subpart G. The Department expanded the scope of the investigation to include the County’s compliance with the following title II requirements:

• to conduct a self-evaluation of its services, policies, and practices 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. § 35.105;
  
  
• to notify applicants, participants, beneficiaries, and other interested persons of their rights and the County’s obligations under title II and the Department’s regulations, 28 C.F.R. § 35.106;
  
  
• to designate a responsible employee to coordinate its efforts to comply and carry out the County’s ADA responsibilities, 28 C.F.R. § 35.107(a);
  
  
• to establish a grievance procedure for resolving complaints of violations of title II, 28 C.F.R. § 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. § 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. § 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. § 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. § 35.160;
  
  
• where the County 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. § 35.161;
  
  
• to provide direct access via TTY or computer to telephone emergency services, including 911 services, for persons who use TTY’s and computer modems, 28 C.F.R. § 35.162;
  
  
• to provide information for interested persons with disabilities concerning the existence and location of the County’s accessible services, activities, and facilities, 28 C.F.R. § 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. § 35.163(b).

The Department’s program access review included the County’s programs, services, and activities that operate in the following facilities:

401 Union Street - County Courthouse building;

401 State Street - County Board of Supervisors Office building;

25 Railroad Avenue - Social Services building;

610 State Street - County Probation Office building;

560 Warren Street - County Clerk Office building; and

North 3rd Street - County Health Services building.

B. JURISDICTION

1. The parties to this Agreement are the United States of America and Columbia County, New York.

2. The ADA applies to the County because it is a “public entity” as defined by title II. 42 U.S.C. § 12131(1); 28 C.F.R. § 35.104.

3. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to determine whether the County is in compliance with title II of the ADA and the Department’s regulation implementing title II, to issue findings, and, where appropriate, to negotiate and secure a voluntary compliance agreement to bring the County into compliance with title II. 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.

4. The Department is also authorized under 28 C.F.R. Part 42, Subpart G, to determine whether the County is in compliance with Section 504 of the Rehabilitation Act of 1973, and its relevant implementing regulations, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements to bring the County into compliance with the Rehabilitation Act. 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 the County provided by the Department 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.

II. REMEDIAL ACTION

5. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter regarding paragraphs 6-26 below, except as provided in paragraphs 27-35.

6. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the ADA Standards for Accessible Design (“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. §§ 35.150(b)(1) and 35.151. The Standards appear at 28 C.F.R. Part 36, Appendix A.

7. The County will maintain in operable working condition those features of facilities that are required to be readily accessible to and usable by persons with disabilities by the ADA or this Agreement. Isolated or temporary interruptions in service or access due to maintenance or repairs are permissible, but the County agrees to keep these to a minimum. 28 C.F.R. § 35.133.

A. EFFECTIVE COMMUNICATION

8. The County agrees that within 180 days of the effective date of this Agreement all letters sent to the public from every County office will have the County’s central TTY telephone number printed on the letterhead.

9. The County agrees to provide qualified sign language and oral interpreters and other appropriate auxiliary aids and services when needed for effective communication with qualified persons with disabilities in all County programs and services, except where doing so imposes an undue hardship or fundamentally alters the nature of the service provided. The County will give primary consideration to the choice of auxiliary aid or service expressed by the person with a disability.

10. Within 90 days of the effective date of this Agreement, the County will identify sources of qualified interpreters and vendors to provide Braille documents and will develop written procedures, with time frames, for fulfilling requests from the public for interpreters and documents in alternate formats (Braille, large print, cassette tapes, etc.).

11. The County agrees that, within 90 days of the effective date of this Agreement, it will establish a central phone number to receive TTY calls. At the earliest opportunity (such as at scheduled reprints), the County will publicize its central TTY telephone number and the New York Relay Service TTY number on the same basis as its voice number, through such means as its title II public notice, official stationary, business cards, and the public telephone book.

12. All County TTYs will be maintained for the life of this Agreement in good working order.

13. All persons calling County personnel via TTYs and the relay service will be provided an equivalent level of service as other callers (including the timeliness of response).

14. Within 180 days of the effective date of this Agreement, the County will report to the Department regarding access to its telecommunications services and will submit to the Department its written procedures, the names of employees who have been trained, and a copy of any public notice that it has provided.

B. POLICIES AND PROCEDURES

15. The County agrees that within 180 days of the effective date of this Agreement, the County will distribute the attached Notice (“Attachment A”) to all agency heads; will publish the Notice on its Internet Home Page; will publish the Notice in a newspaper of general circulation serving the County on two separate occasions approximately 90 days and 180 days after the effective date of this Agreement; and will post copies in conspicuous locations in its public buildings. The County will refresh the posted copies, and update the ADA Coordinator information contained in the Notice, as necessary, for the life of the Agreement. The County will provide copies of this Notice to any person upon request, including in large print format.

16. Within 90 days of the effective date of this Agreement, the County will hire or assign a County employee as an ADA Coordinator.

17. Within 90 days of the effective date of this Agreement, the County will adopt the attached ADA Grievance Procedure (Attachment B), distribute it to all agency heads, post copies in conspicuous locations in its public buildings, and publish alternate formats of the grievance procedures so that they are immediately available upon request. The County will refresh the posted copies, and update the contact information contained on the Procedure (including in large print format copies), as necessary, for the life of the Agreement. Copies (including copies in large print format) will be provided to any person upon request.

18. The County will report to the Department within 180 days of the effective date of this Agreement the actions it has taken to comply with the preceding three paragraphs.

C. TRAINING

19. Within 180 days of the effective date of this Agreement, the County will develop or procure a training program on the requirements of the ADA and the etiquette of interacting with persons with disabilities. The County 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.

20. Within one year of the effective date of this Agreement, the County will deliver its training program to all essential County employees. At the end of that period, the County will submit a copy of its training curriculum and materials to the Department, along with a list of employees trained.

D. STRUCTURAL MODIFICATIONS

In order to ensure that each of the County’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 County will take the following actions:

21. Within 18 months of the effective date of this Agreement (unless another time frame is specified below), the County will take the following actions regarding the 401 Union Street - County Courthouse Building:

a. New Courthouse Addition

(1) The County will be constructing a New Courthouse Addition. Within 180 days of the effective date of this Agreement or as soon as available,¹ the County will submit to the Department the design drawings for the New Courthouse Addition on which construction is due to be completed no later than two years from the effective date of this Agreement. The Department will review the drawings for conformity to the ADA Standards for Accessible Design, and the County will build the New Courthouse Addition in compliance with the Standards.

(2) Within six months, the County will provide a buzzer at ground level at the front entrance of the District Attorney’s Office building as an alternate means for requesting assistance so that individuals are able to contact the office and receive services. The County will install the buzzer so that no operative part is more than 36 inches above the ground. The County will provide a buzzer and a sign with instructions for use in a prominent location at the front entrance to enable individuals who are hearing or speech impaired to request assistance as well. The buzzer will be accompanied by a visual and audible signal to alert such individuals that an official is responding. All elements required by this paragraph will comply with all applicable provisions of the Standards. § 4.3.11.4.

b. Parking

(1) There are currently two accessible parking spaces served by an adjacent access aisle. Within 90 days, the County will provide one additional standard accessible parking space served by an access aisle at least 60 inches wide. This space and aisle will comply with all applicable provisions of the Standards. §§ 4.1.2(5) and 4.6.3.

(2) None of the accessible parking spaces is designated as a “van-accessible” parking space. Within 90 days, the County will provide an additional 96-inch-wide “van-accessible” parking space served by a 96-inch-wide access aisle that is identified by 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. This space, aisle, and sign will comply with all applicable provisions of the Standards. §§ 4.1.2(5)(b) and 4.6.4.

c. Interior Doors

(1) The interior doors throughout the facility have knob hardware. Within 90 days, the County will replace the knob hardware with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. All such hardware will comply with all applicable provisions of the Standards. §§ 4.1.3(7) and 4.13.9.

d. First Floor Unisex Toilet Room located at the Family Court Clerk's Office

(1) There is no signage at the inaccessible unisex toilet room directing persons with disabilities to the nearest accessible toilet room in the facility. Within 30 days after construction completion, the County will install a sign at the toilet room directing persons with disabilities to the accessible toilet room in the new Addition on the same level. The sign will comply with all applicable provisions of the Standards. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3 and 4.30.5.

e. First Floor Men's and Women's Toilet Rooms

(1) There is no signage at the inaccessible men's and women's toilet rooms directing persons with disabilities to the nearest accessible toilet room in the facility. Within 30 days after construction completion, the County will install a sign at each toilet room directing persons with disabilities to the accessible toilet room in the new Addition on the same level. Each such sign will comply with all applicable provisions of the Standards.
§§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3 and 4.30.5.

f. Second Floor Men's and Women's Toilet Rooms

(1) There is no signage at the inaccessible men's and women's toilet rooms directing persons with disabilities to the nearest accessible toilet room in the facility. Within 30 days after construction completion, the County will install a sign at each toilet room directing persons with disabilities to the accessible toilet room in the new Addition on the same level. Each such sign will comply with all applicable provisions of the Standards. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3 and 4.30.5.

g. First Floor Main Courtroom

(1) In the first floor Main Courtroom, there is a change in level from the courtroom floor into the jury box and witness box that is greater than 1/2 inch; no ramp is provided; and there is no designated accessible seating area in the spectator area. The County will designate the Main Courtroom on the first floor as an accessible courtroom that is fully accessible in all of its elements. This includes a ramp or other vertical means of access into the jury box and witness box, and an accessible seating area in the spectator area of that courtroom. The County will ensure that there is adequate clear floor space to accommodate a wheelchair in each of the areas and that each element will comply with all applicable provisions of the Standards. §§ 4.1.3(19), 4.2.4, 4.3.8, 4.5.2, 4.8, 4.26 and 4.33.1 - 4.33.4.

h. Second Floor Main Courtroom

(1) In the main courtroom on the second floor, there is a change in level from the courtroom floor into the jury box and witness box that is greater than 1/2 inch; no ramp is provided; and there is no designated accessible seating area in the spectator area. The County will designate the main courtroom on the second floor as an accessible courtroom that is fully accessible in all of its elements. This includes a ramp or other vertical means of access into the jury box and witness box, and an accessible seating area in the spectator area of that courtroom. The County will ensure that there is adequate clear floor space to accommodate a wheelchair in each of the areas and that each element will comply with all applicable provisions of the Standards. §§ 4.1.3(19), 4.2.4, 4.3.8, 4.5.2, 4.8, 4.26 and 4.33.1 - 4.33.4.

i. Drinking Fountains

(1) The drinking fountains in the facility are inaccessible. The County will provide a drinking fountain on each floor that is accessible with a spout no more than 36 inches above the finish floor and a second fountain that is accessible to those who have difficulty bending and stooping, both with accessible hardware that does not require tight grasping, pinching, or twisting of the wrist to operate; or provide a water cooler in an accessible location with cups that dispense within the reach ranges of persons who use wheelchairs. The fountains or water coolers with cup dispensers will comply with all applicable provisions of the Standards. §§ 4.1.3(10), 4.15.2, 4.15.5 and Fig. 27, 4.27.3, 4.2.5, and 4.2.6.

22. Within 18 months of the effective date of this Agreement (unless another time frame is specified below), the County will complete the following modifications to the 401 State Street - County Board of Supervisors Office Building:

a. Parking

(1) The signs designating the accessible parking spaces as reserved are located too low to the ground. Within 90 days, the County will reposition the signs so that none can be obscured by a vehicle parked in the corresponding space. Each sign will comply with all applicable provisions of the Standards. §§ 4.1.2(5) and 4.6.4.

(2) None of the accessible parking spaces is designated as a “van-accessible” parking space. Within 90 days, the County will provide at least one “van-accessible” 96-inch-wide parking space served by a 96-inch-wide access aisle and identified by 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. §§ 4.1.2(5)(b) and 4.6.4.

b. Access to Services

(1) Within six months, the County will provide a telephone or intercom and list of contact numbers in a prominent location in the interior hallway of the front entrance as an alternate means for requesting assistance so that individuals are able to contact offices on the inaccessible upper floors of the facility that provide services to the public. The County will install the telephone or intercom so that no operative part is more than 36 inches above the finish floor. Also within six months, the County will provide a buzzer and instructions for use in a prominent location in the interior hallway of the front entrance to enable individuals who are hearing or speech impaired to request assistance from an appropriate official. The buzzer will be accompanied by a visual and audible signal to alert such individuals that an official is responding. All elements required by this paragraph will comply with all applicable provisions of the Standards.
§ 4.3.11.4.

c. Interior Doors

(1) The interior doors throughout the facility have knob hardware. Within 90 days, the County will replace all of the knob hardware with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. The hardware will comply with all applicable provisions of the Standards. §§ 4.1.3(7) and 4.13.9.

d. First Floor Men's and Women's Toilet Rooms

(1) The toilet rooms do not have accessible signage. Within 90 days, the County will install signage on the wall adjacent to the latch side of the door positioned so that the centerline of each sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. The signage will comply with all applicable provisions of the Standards. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5 and 4.30.6.

(2) The toilet stalls designated as accessible in these toilet rooms are inaccessible due to a lack of accessible features. The County will modify the existing standard accessible toilet stall in each toilet room so that all of each stall’s elements, including the stall door, stall door hardware, water closet, grab bars, controls, dispensers, and other elements will comply with all applicable provisions of the Standards. §§ 4.1.3(11), 4.13, 4.16, 4.17, Fig. 30(a), 4.22, 4.26 and 4.27.

(3) The lavatory does not have adequate knee clearance. The County will reposition the existing lavatory or provide an additional lavatory that has a clearance of at least 29 inches above the finish floor to the bottom of the apron, a rim or counter surface no higher than 34 inches above the finished floor, knee clearance that is at least 27 inches above the finish floor at a depth of 8 inches, foot clearance at least 9 inches above the finish floor at a depth of 17 inches, and that complies with all applicable provisions of the Standards. §§ 4.1.3(11), 4.22.6, 4.19.2 and Fig. 31.

(4) In the men's toilet room, the flush valve handle is located on the “narrow” side of the toilet stall. The County will reposition the flush valve handle
to the “wide” side of the toilet stall or install an automatic flushing device. All such elements will comply with all applicable provisions of the Standards. §§ 4.1.3(11) and 4.16.5.

(5) The toilet paper dispensers in the designated accessible stalls are not compliant. Within 90 days, the County will remount the toilet paper dispensers so that each is below the side grab bar and its farthest edge is no more than 36 inches from the back wall with its centerline no less than 19 inches above the finish floor. The dispensers will comply with all applicable provisions of the Standards. §§ 4.1.3(11), 4.22.4, 4.16.6 and Fig. 29(b).

e. Second Floor Men's and Women's Toilet Room

(1) There is no signage at the inaccessible men's and women's toilet rooms directing persons with disabilities to the nearest accessible toilet room in the facility. Within 90 days, the County will install a sign at each toilet room directing persons with disabilities to the accessible unisex toilet room. Each such sign shall comply with all applicable provisions of the Standards. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3 and 4.30.5.

f. Drinking Fountains

(1) The drinking fountains in the facility are inaccessible. The County will provide a drinking fountain on each floor that is accessible with a spout no more than 36 inches above the finish floor and a second fountain that is accessible to those who have difficulty bending and stooping, both with accessible hardware that does not require tight grasping, pinching, or twisting of the wrist to operate; or provide a water cooler in an accessible location with cups that dispense within the reach ranges of persons who use wheelchairs. The fountains or water cooler with cup dispensers will comply with all applicable provisions of the Standards. §§ 4.1.3(10), 4.15.2, 4.15.5 and Fig. 27, 4.27.3, 4.2.5 and 4.2.6.

g. Ramp to Civil Service Office

(1) The ramp handrails are not compliant. Within 90 days, the County will provide handrails mounted exactly 1 1/2 inches from the inside surface, are 1 1/4 - 1 1/2 inches in diameter or with an equivalent gripping surface, that have extensions of at least 12 inches beyond the bottom of the ramp segment. The handrails will comply with all applicable provisions of the Standards. §§ 4.1.3(1), 4.3.8, 4.8.5; 4.26.2 and 4.26.3.

h. Alarms

(1) An emergency warning system is provided, but it is not accessible. Where emergency warning systems are provided, they must contain both audible and visual alarms complying with section 4.28. The County will install audible emergency alarms integrated with visual alarm signal appliances in each of the following areas: general usage areas, meeting rooms, and toilet rooms, in addition to common use areas including hallways and lobbies. These alarms will comply with all applicable provisions of the Standards. §§ 4.1.3(14) and 4.28.

23. Within 18 months of the effective date of this Agreement (unless another time frame is specified below), the County will complete the following modifications to the 25 Railroad Avenue - Social Services Building:

a. Parking

(1) The signs designating the accessible parking spaces as reserved are located too low to the ground. Within 90 days, the County will reposition the signs so that none can be obscured by a vehicle parked in the corresponding space. Each such sign will comply with all applicable provisions of the Standards. §§ 4.1.2(5) and 4.6.4.

(2) The parking space designated as a “van-accessible” does not have compliant signage. Within 90 days, the County will provide signage identifying the parking space by 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. The signage will comply with all applicable provisions of the Standards. §§ 4.1.2(5)(b) and 4.6.4.

b. Lobby Service Counter

(1) The lobby service counter is mounted 42 inches above the finish floor. Within six months, the County will 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; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

c. First Floor Lobby Men's and Women's Toilet Rooms

(1) The toilet rooms do not have accessible signage. Within 90 days, the County will install signage on the wall adjacent to the latch side of the door positioned so that the centerline of each sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. The signage will have raised and Braille characters and letters and will comply with all applicable provisions of the Standards. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5 and 4.30.6.

(2) The bottom of the paper towel dispenser in each toilet room is 60 inches above the finish floor. Within 90 days, the County will remount both dispensers (or add additional dispensers) so that their highest operable parts are within the reach ranges of a person who uses a wheelchair (48 inches for front approach, 54 inches for side approach). The County will ensure that the dispensers are not mounted in such a way that they create protruding objects. The new or newly-positioned dispensers will comply with all applicable provisions of the Standards. §§ 4.1.3(11), 4.22.7, 4.27.3, 4.2.5, 4.2.6 and 4.4.

d. First Floor Unisex Toilet Room located at the Child's Playroom

(1) The toilet rooms do not have accessible signage. Within 90 days, the County will install signage on the wall adjacent to the latch side of the door positioned so that the centerline of each sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. The signage will have raised and Braille characters and letters and will comply with all applicable provisions of the Standards. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5 and 4.30.6.

(2) There is no rear grab bar in the toilet room. Within 90 days, the County will provide a rear grab bar that is at least 36 inches long mounted between 33 and 36 inches above the finish floor, so that the end closer to the side wall is no more than 12 inches from the toilet centerline, and that complies with all applicable provisions of Standards. §§ 4.1.3(11), 4.22.4, 4.16.4 and Fig. 29(a).

(3) There is no side grab bar in the toilet room. Within 90 days, the County will install a grab bar that is at least 42 inches long, mounted 33 to 36 inches above the finish floor so that the end nearest the back wall is no more than 12 inches from that wall, and the end farthest from the back wall that is located at least 54 inches from the wall. The grab bar will comply with all applicable provisions of the Standards. §§ 4.1.3(11), 4.22.4, 4.16.4, Fig. 29(b) and 4.26.

(4) The bottom of the paper towel dispenser in the toilet room is 62 inches above the finish floor. Within 90 days, the County will remount the dispenser (or add an additional dispenser) so that its highest operable part is within the most appropriate reach range for a person who uses a wheelchair (48 inches for front approach, 54 inches for side approach). The new or repositioned dispenser will comply with all applicable provisions of the Standards. §§ 4.1.3(11), 4.22.7, 4.27.3, 4.2.5 and 4.2.6.

24. Within 18 months of the effective date of this Agreement (unless another time frame is specified below), the County will complete the following modifications to the 610 State Street - County Probation Office Building:

a. Parking

(1) The accessible parking spaces are served by adjacent access aisles that do not have the proper markings and none of the accessible spaces is designated “van-accessible.” Due to the size of the lot, only one accessible space is required, but that one must be designated as “van- accessible.” Within 90 days, the County will provide at least one “van-accessible” 96-inch-wide parking space served by a 96-inch-wide access aisle that is identified by an “Van-Accessible” sign mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. The space, aisle, and sign will comply with all applicable provisions of the Standards. §§ 4.1.2(5)(b) and 4.6.4.

b. Interior Doors

(1) The interior doors throughout the facility have knob hardware. Within 90 days, the County will replace the knob hardware with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. The hardware will comply with all applicable provisions of the Standards. §§ 4.1.3(7) and 4.13.9.

c. First Floor Unisex Toilet Room located in the Lobby

(1) There is no signage at the inaccessible unisex toilet room directing persons with disabilities to the nearest accessible toilet room in the facility. Within 90 days, the County will install a sign at each toilet room directing persons with disabilities to the accessible unisex toilet room on the second floor. The signage will comply with all applicable provisions of the Standards. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3 and 4.30.5.

d. First Floor Unisex Toilet Room located at the Reception Office

(1) There is no signage at the inaccessible unisex toilet room directing persons with disabilities to the nearest accessible toilet room in the facility. Within 90 days, the County will install a sign at each toilet room directing persons with disabilities to the accessible unisex toilet room on the second floor. The signage will comply with all applicable provisions of the Standards. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3 and 4.30.5.

e. Second Floor Unisex Toilet Room

(1) The toilet room does not have accessible signage. Within 90 days, the County will install signage on the wall adjacent to the latch side of the door positioned so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. The signage will have raised and Braille characters and letters and will comply with all applicable provisions of the Standards. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5 and 4.30.6.

(2) There is no rear grab bar in the toilet room. Within 90 days, the County will provide a rear grab bar that is at least 36 inches long mounted between 33 and 36 inches above the finish floor, so that the end closer to the side wall is no more than 12 inches from the toilet centerline, and that complies with all other applicable provisions of Standards. §§ 4.1.3(11), 4.22.4, 4.16.4 and Fig. 29(a).

(3) One of the existing side grab bars interfere with the clear floor space required on the open side of the toilet. Within 90 days, the County will remove this side grab bar to provide adequate clear floor space around the toilet. These elements will comply with all applicable provisions of the Standards. §§ 4.1.3(11), 4.22.3, 4.22.4, 4.16.4 and Fig. 28.

f. Alarms

(1) An emergency warning system is provided, but it is not accessible. Where emergency warning systems are provided, they must contain both audible and visual alarms complying with section 4.28. The County will install audible emergency alarms integrated with visual alarm signal appliances in each of the following areas: general usage areas, meeting rooms, and toilet rooms, in addition to common use areas including hallways and lobbies. These alarms will comply with all applicable provisions of the Standards. §§ 4.1.3(14) and 4.28.

25. Within 18 months of the effective date of this Agreement (unless another time frame is specified below), the County will complete the following modifications to the 560 Warren Street - County Clerk Office Building:

a. County Treasurer's Office Service Counter

(1) The Treasurer's service counter is mounted 42 inches above the finish floor. Within 90 days, the County will 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; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

b. County Clerk's Service Counter

(1) The Clerk's service counter is mounted 41 inches above the finish floor. Within 90 days, the County will 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; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

c. Department of Motor Vehicles Service Counter

(1) The Department of Motor Vehicles service counter is mounted 42 inches above the finish floor. Within 90 days, the County will 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; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

d. Department of Motor Vehicles Information Desk and Forms Service Counter

(1) The Department of Motor Vehicles information desk and forms service counter is mounted 42 inches above the finish floor. Within 90 days, the County will 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; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

e. County Deeds and Records Service Counter

(1) The Deeds and Records service counter is mounted 44 inches above the finish floor. Within 90 days, the County will 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; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

f. Real Property Computers Service Counter

(1) The Real Property Computers service counter is mounted 44 inches above the finish floor. Within 90 days, the County will 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; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

g. First Floor Unisex Toilet Room located at Department of Motor Vehicles

(1) There is no rear grab bar in the toilet room. Within 90 days, the County will provide a rear grab bar that is at least 36 inches long mounted between 33 and 36 inches above the finish floor, so that the end closer to the side wall is no more than 12 inches from the toilet centerline, and that complies with all applicable provisions of the Standards. §§ 4.1.3(11), 4.22.4, 4.16.4 and Fig. 29(a).

(2) One of the existing side grab bars interfere with the clear floor space required on the open side of the toilet. Within 90 days, the County will remove this side grab bar to provide adequate clear floor space around the toilet. These elements will comply with all applicable provisions of the Standards. §§ 4.1.3(11), 4.22.3, 4.22.4, 4.16.4 and Fig. 28.

(3) The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Within 90 days, the County will insulate the hot water and drain pipes to protect against contact in a manner consistent with the Standards. §§ 4.1.3(11), 4.22.6 and 4.19.4.

(4) The lavatory rim or counter surface is 39 inches above the finish floor. The County will provide an accessible lavatory with a rim or counter surface no higher than 34 inches above the finish floor and a clearance of at least 29 inches above the finish floor to the top of the apron. The lavatory will comply with all applicable provisions of the Standards. §§ 4.1.3(11), 4.22.6 and 4.19.2.

h. Second Floor Men's and Women's Toilet Rooms located at Real Property Office

(1) The signage for the toilet rooms is mounted on the toilet room doors. Within 90 days, the County will remount the signage on the wall adjacent to the latch side of the door positioned so that the centerline of each sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. The signage will comply with all applicable provisions of the Standards. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5 and 4.30.6.

(2) There are no rear grab bars in the toilet rooms. Within 90 days, the County will provide rear grab bars that are at least 36 inches long mounted between 33 and 36 inches above the finish floor, so that the ends closer to the side walls are no more than 12 inches from the toilets’ centerline, and that comply with all applicable provisions of the Standards. §§ 4.1.3(11), 4.22.4, 4.16.4 and Fig. 29(a).

(3) In each toilet room, one of the existing side grab bars interfere with the clear floor space required on the open side of the toilet. Within 90 days, the County will remove these side grab bars to provide adequate clear floor space around the toilets. These elements will comply with all applicable provisions of the Standards. §§ 4.1.3(11), 4.22.4, 4.16.4 and Fig. 29(b).

(4) The hot water and drain pipes beneath the lavatory in the toilet room are not insulated or configured to protect against contact. Within 90 days, the County will insulate the hot water and drain pipes to protect against contact in a manner consistent with the Standards. §§ 4.1.3(11), 4.22.6 and 4.19.4.

(5) The toilet paper dispensers in the toilet rooms are not compliant. Within 90 days, the County will remount the toilet paper dispenser at each room’s accessible toilet so that it is below the side grab bar, is within reach of the toilet, and its centerline is no less than 19 inches above the finish floor. The dispenser will comply with all applicable provisions of the Standards. §§ 4.1.3(11), 4.22.4, 4.16.6 and Fig. 29(b)

i. Second Floor Men's and Women's Toilet Rooms located at Records Office

(1) There is no signage at the inaccessible men’s and women’s toilet rooms directing persons with disabilities to the nearest accessible toilet room. Within 90 days, the County will install a sign at each toilet room directing persons with disabilities to the accessible toilet rooms on the second floor. The signage will comply with all applicable provisions of the Standards. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3 and 4.30.5.

j. Drinking Fountain located at Clerk's Office

(1) The drinking fountain in the facility is inaccessible. The County will provide a drinking fountain that is accessible with a spout no more than 36 inches above the finish floor and a second fountain that is accessible to those who have difficulty bending and stooping, both with accessible hardware that does not require tight grasping, pinching, or twisting of the wrist to operate; or provide a water cooler in an accessible location with cups that dispense within the reach ranges of persons who use wheelchairs. The fountains or water coolers with cup dispensers will comply with all applicable provisions of the Standards. §§ 4.1.3(10), 4.15.2, 4.15.5 and Fig. 27, 4.27.3, 4.2.5 and 4.2.6.

k. Alarms

(1) An emergency warning system is provided, but it is not accessible. Where emergency warning systems are provided, they must contain both audible and visual alarms complying with section 4.28. The County will install audible emergency alarms integrated with visual alarm signal appliances in each of the following areas: general usage areas, meeting rooms, and toilet rooms, in addition to common use areas including hallways and lobbies. These alarms will comply with all applicable provisions of the Standards. §§ 4.1.3(14) and 4.28.

26. Within 18 months of the effective date of this Agreement (unless another time frame is specified below or the County submits plans or a proposal for a new County Health Services Building), the County will complete the following modifications to the North 3rd Street - County Health Services Building:

a. Parking

(1) The signs designating the accessible parking spaces as reserved are too low. Within 90 days, the County will provide signs so that none can be obscured by a vehicle parked in the corresponding space. The signs will comply with all applicable provisions of the Standards. §§ 4.1.2(5) and 4.6.4.

(2) There is an insufficient number of accessible parking spaces served by adjacent access aisles. Within 90 days, the County will provide one additional accessible parking space served by an access aisle at least 60 inches wide. The space, aisle, and signage will comply with all applicable provisions of the Standards. §§ 4.1.2(5) and 4.6.3.

(3) None of the accessible parking spaces is designated as a “van-accessible” parking space. Within 90 days, the County will provide at least one “van-accessible” 96-inch-wide parking space served by a 96-inch-wide access aisle and identified by 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. The space, aisle, and signage will comply with all applicable provisions of the Standards. §§ 4.1.2(5)(b) and 4.6.4.

b. Access to Services

(1) Within six months, the County will provide a telephone or intercom and list of contact numbers in a prominent location at the lobby service counter as an alternate means for requesting assistance so that individuals are able to contact offices on the inaccessible upper floor of the facility that provide services to the public. The County will install the telephone or intercom so that no operative part is more than 36 inches above the finish floor. Also within six months, the County will provide a buzzer and instructions for use in a prominent location in the interior hallway of the front entrance to enable individuals who are hearing or speech impaired to request assistance from an appropriate official. The buzzer will be accompanied by a visual and audible signal to alert such individuals that an official is responding. All elements required by this paragraph will comply with all applicable provisions of the Standards. § 4.3.11.4.

c. Lobby Reception Service Counter

(1) The lobby reception service counter is mounted 42 inches above the finish floor. Within 90 days, the County will 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; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

d. Interior Doors

(1) The interior doors throughout the facility have knob hardware. Within 90 days, the County will replace all of the knob hardware with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. The hardware will comply with all applicable provisions of the Standards. §§ 4.1.3(7), 4.1.3(11), 4.13.9 and 4.22.2.

e. First Floor Men's and Women's Toilet Rooms

(1) The toilet rooms do not have accessible signage. Within 90 days, the County will, with respect to each such room, install signage on the wall adjacent to the latch side of the door positioned so that the centerline of each sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. The signage will comply with all applicable provisions of the Standards. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5 and 4.30.6.

(2) The toilet stalls designated as accessible in each of the toilet rooms are inaccessible. The County will provide a standard accessible toilet stall in each toilet room or a designated accessible unisex toilet room in the facility. Each such accessible stall will be at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) and configured so that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, dispensers, and other elements comply with all applicable provisions of the Standards. §§ 4.1.3(11), 4.16, 4.17, Fig. 30(a), 4.22, 4.26 and 4.27.


(3) The hot water and drain pipes beneath the lavatories in the toilet rooms are not insulated or configured to protect against contact. Within 90 days, the County will insulate the hot water and drain pipes to protect against contact in a manner consistent with the Standards. §§ 4.1.3(11), 4.22.6 and 4.19.4.

(4) The mirror in each toilet room is mounted so that the bottom edge of the reflecting surface is 51 inches above the finish floor. Within 90 days, in each toilet room, the County will remount the existing mirror or provide an additional mirror that is mounted so that the bottom edge of its reflecting surface is no more than 40 inches above the finish floor. The mirror will comply with all applicable provisions of the Standards. §§ 4.1.3(11), 4.22.6, 4.19.6 and Fig. 31.

f. Second Floor Men's and Women's Toilet Rooms

(1) There is no signage at the inaccessible second floor men’s and women’s toilet rooms directing persons with disabilities to the nearest accessible toilet room in the facility. Within 90 days, the County will install a sign at each toilet room directing persons with disabilities to the accessible toilet rooms on the first floor. The signage will comply with all applicable provisions of the Standards. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3 and 4.30.5.

g. Drinking Fountains

(1) The drinking fountains in the facility are inaccessible. The County will provide drinking fountains on each floor that are accessible with a spout no more than 36 inches above the finish floor and a second fountain that is accessible to those who have difficulty bending and stooping, both with accessible hardware that does not require tight grasping, pinching, or twisting of the wrist to operate; or provide a water cooler in an accessible location with cups that dispense within the reach ranges of persons who use wheelchairs. The fountains or water coolers with cup dispensers will comply with all applicable provisions of the Standards. §§ 4.1.3(10), 4.15.2, 4.15.5 and Fig. 27, 4.27.3, 4.2.5 and 4.2.6.

h. Interior Ramps

(1) Handrails are not provided on the wall side of the ramps. Within 90 days, the County will provide wall-mounted handrails so that the space between the wall and the handrails is exactly 1 _ inches and the handrail extends at least 12 inches beyond the bottom of the ramp segment. The handrails will comply with all applicable provisions of the Standards, including, but not limited to, §§ 4.1.3(1), 4.3.8, 4.8.5, 4.26.2 and 4.26.3.

i. Alarms

(1) An emergency warning system is provided, but it is not accessible. Where emergency warning systems are provided, they must contain both audible and visual alarms complying with section 4.28. The County will install audible emergency alarms integrated with visual alarm signal appliances in each of the following areas: general usage areas, meeting rooms, and toilet rooms, in addition to common use areas including hallways and lobbies. These alarms will comply with all applicable provisions of the Standards. §§ 4.1.3(14) and 4.28.

III. IMPLEMENTATION AND ENFORCEMENT

27. 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 until the Agreement terminates, the County will submit written reports to the Department summarizing the actions the County has taken pursuant to this Agreement. Reports will include photographs, architectural plans, notices published in the newspapers, and copies of adopted policies.

28. Pursuant to paragraph 33, until such time as this Agreement remains in effect 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 County 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 County, 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 the Rehabilitation Act.

29. Except where the County has relied on the action of the Department, 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.

30. In the event that the County fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for 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 or may declare the Agreement null and void and file suit to enforce title II of the ADA.

31. 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 County or the Department upon request.

32. 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 County's continuing responsibility to comply with all aspects of the ADA.

33. This Agreement will remain in effect for two years from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the County has been achieved, whichever comes later.

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

35. The person signing for Columbia County, New York represents that he is authorized to bind the County to this Agreement.

For the County:	For the United States:
By:__________________________ GERALD R. SIMMONS, Chairman Columbia County Board of Supervisors 401 State Street Hudson, New York 12534 Date 4/30/03	RALPH F. BOYD, JR. Assistant Attorney General for Civil Rights By:__________________________ JOHN L. WODATCH, Chief SUSAN BUCKINGHAM REILLY, Deputy Chief MARY LOU MOBLEY, Supervisory Attorney Disability Rights Section Civil Rights Division U.S. Department of Justice P.O Box 66738 Washington, DC 20530 (202) 307-0663 Date 5/19/03

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ENDNOTE

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¹ Hereinafter, all references to time frames are measured from the effective date of this Agreement. (back to document)

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Attachment A

NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT

In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, Columbia County, New York (County) will not discriminate against qualified individuals with disabilities on the basis of disability in the County’s services, programs, or activities.

The County does not discriminate on the basis of disability in its hiring or employment practices. The County 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. The County 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 County’s business. Any employee’s medical records will be retained separate from personnel files and kept confidential. The County will make an individualized assessment of whether a qualified individual with a disability meets selection criteria for employment decisions. To the extent its selection criteria have the effect of disqualifying an individual because of disability, those criteria will be job-related and consistent with business necessity.

The County will provide appropriate auxiliary aids and services, including qualified interpreters and assistive listening devices, whenever necessary to ensure effective communication with members of the public who have hearing, sight, or speech impairments, unless to do so would result in a fundamental alteration of its programs or an undue administrative or financial burden.

As part of its effort to provide full and fair access to its programs for people with disabilities, the County will make reasonable modifications to policies, practices, and procedures where necessary to fully integrate people with disabilities into mainstream County programs and services.

The County will take other actions required of title II of the ADA and the Department of Justice’s regulations at 28 C.F.R. Pt. 35.

* * * * * *

A person who requires an accommodation or auxiliary aid or service to participate in a County program, service, or activity, should contact the office of ______ , the ADA Coordinator, at _______ (voice) and ______ (TDD or relay) as far in advance as possible but no later than 48 hours before the scheduled event.

The County can be reached by telecommunications devices for the deaf (TDD) at ________________ and also through the ________ Relay Service at ______________ (TDD).

Complaints that a County program, service, or activity is not accessible to persons with disabilities should be directed to _______.

The County will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.

July 2002

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Attachment B

COLUMBIA COUNTY

Grievance Procedure under The Americans with Disabilities Act

This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the Columbia County (County). The County’s Personnel Policy governs employment-related complaints of disability discrimination.

The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.

The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:

* * * * * *

Within 15 calendar days after receipt of the complaint, the Chairman of the Board of Supervisors or his/her designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the Chairman of the Board of Supervisors or his/her designee will respond in writing, and where appropriate, in format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the County and offer options for substantive resolution of the complaint.

If the response by the Chairman of the Board of Supervisors or his/her designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision of the Chairman within 15 calendar days after receipt of the response to the ________________ or his/her designee.

Within 15 calendar days after receipt of the appeal, the _______________ or his/her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the _________________ or his/her designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

All written complaints received by the Chairman of the Board of Supervisors or his/her designee, appeals to the ________________ or his/her designee, and responses from these two offices will be retained by the County for at least three years.

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August 8, 2005