SETTLEMENT

Civil Action No. 96-K-370


UNITED STATES OF AMERICA,

Plaintiff,

v.

THE CITY AND COUNTY OF DENVER and THE DENVER POLICE DEPARTMENT,

Defendants.

CONSENT DECREE

I. INTRODUCTION

This Consent Decree ("Decree") resolves a civil action brought by the United States against the City and County of Denver ("City") and the Denver Police Department ("DPD") for declaratory and injunctive relief to enforce the provisions of Titles I and II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12111-12134 and its implementing regulations, 29 C.F.R. Part 1630 and 28 C.F.R. Part&nbsp35. In its Title I claim, the United States alleges that Defendants' policy of prohibiting reassignment of police officers with disabilities to vacant positions within the Defendants' Career Service personnel system for which they are qualified constitutes a "pattern or practice" of discrimination in violation of the ADA.

In its Title II claim brought on behalf of Jack L. Davoll and consolidated for trial with Davoll v. Webb, Civil Action No.&nbsp93-K-2263, the United States alleges that Defendants discriminated against Davoll by refusing to reassign him to a vacant Career Service position for which he was qualified after he became unable to perform the essential functions of his police officer position due to his disability. This Consent Decree applies only to the Title I "pattern or practice" claim, as Defendants, without conceding that Title II applies to employment discrimination, have agreed to pay a stipulated judgment on the Title II claim to private plaintiffs Jack Davoll, Deborah Clair, and Paul Escobedo.

II. BACKGROUND

On October 10, 1996, this Court granted the United States' Motion for Summary Judgment on Liability under Title I in Civil Action No. 96-K-37, which was affirmed on October 25, 1999, by the U.S. Court of Appeals for the Tenth Circuit. On February 11, 1997, this Court entered an Order of Stage II Discovery Schedule for the remedial stage, during which the United States was to identify all individuals who have been injured as a result of Defendants' reassignment policy. The United States identified eleven (11) individuals who it alleges were injured as a result of this policy. They are Jackson W. Bender, John E. Cain, Gregory M. Cross, Ernest L. Espinosa, Dennis W. Griffith, Mark Y. Hernandez, John R. Johnson, Ronald L. Niebur, Rosanne Sapirie, Terry A. Walker, and Alan J. Wodack (referred to collectively as "Claimants").

The parties agree that settlement of these matters without further protracted, expensive, and unnecessary litigation is in the public interest and that entry of this Decree is the most appropriate means of resolving these matters. Accordingly, they agree to the entry of this Decree without trial or further adjudication of any issues of fact or law. The parties further agree that the entry of this Decree and the February 8, 2000, Second Amended Judgment resolves all issues raised in the United States' Complaint.

This Decree is entered into by Defendants without admission that any of their acts or omissions, past or current, is in violation of any law. Therefore, this Decree shall not serve as evidence for purposes of litigation against Defendants except for actions to enforce or modify the Decree.

It is therefore ORDERED, ADJUDGED, AND DECREED as follows:

III. JURISDICTION AND VENUE

This Court has jurisdiction over this action. The parties agree that venue is appropriate.

IV. APPLICATION AND PARTIES BOUND

Upon approval by the Denver City Council for appropriation of funds, and signature by the Court, this Consent Decree applies to, and is binding on, the United States and the City and the DPD (collectively referred to as "Denver"). Denver is an employer as defined by the ADA.

V. DEFINITIONS

For the purposes of this Decree the following terms are defined as follows:
The Career Service: The Career Service is defined, pursuant to the Denver Charter, Section 5-23, as all employees of the City and County of Denver, and their positions, except:

a. Officers of the City and County of Denver; Employees of the City Council, library commission, civil service commission, board of adjustment (zoning), district court, juvenile court, juvenile hall, jury commissioner, election commission, Denver Art Museum, Museum of Natural History, and board of water commissioners;
b. Persons retained on a contractual basis to perform professional or technical services for limited periods of time;
c. Judges, jurors, and witnesses; and unpaid members of boards and committees;
d. Fifty administrative positions specifically from time to time designated by the Mayor;
e. Persons employed in a student capacity, including interns and resident physicians in training;
f. Persons performing civilian work in lieu of induction into the armed forces of the United States;
g. The Chairman and the members of the Board of Examiners and the regular (or non ex officio) members of the Board of Appeals established and existing under the Administrative Provisions of the Building Code;
h. All members of the Civil Service of the Police and Fire Departments;
i. Attorneys and part-time employees employed by the District Attorney and ten administrative positions specifically from time to time designated by the District Attorney; and,
j. Certified public accountants employed by the auditor and five (5) administrative positions specifically from time to time designated by the auditor.

The Civil Service: A City personnel system that includes police officers and fire fighters.
Individual with a disability: An individual who has a physical or mental impairment that substantially limits one or more major life activities. 42 U.S.C. § 12102(2).
Qualified individual with a disability: An individual with a disability who, with or without a reasonable accommodation, can perform the essential functions of the employment position that such individual holds or a vacant reassignment position.
Essential Functions: Those fundamental job duties of the position that the individual must be able to perform unaided or with the assistance of reasonable accommodation. 29 C.F.R. §&nbsp1630.2m-n.
Reassignment: A means of reasonable accommodation wherein an employee with a disability is placed in a different vacant position which is equivalent in terms of pay and benefits or, if no equivalent position is available, a position of lower pay and benefits for which that employee is qualified. 29 C.F.R. §&nbsp1630.2o.

VI. GENERAL INJUNCTIVE PROVISIONS

1. Denver is permanently enjoined from engaging in any act or practice that has the purpose or effect of unlawfully discriminating against any police officer employed by the City and the DPD, or any applicant or prospective applicant for employment as a police officer with the City and the DPD because of that individual's disability in violation of the ADA.

2. Denver shall not subject qualified individuals with disabilities to discrimination based on disability in violation of the ADA.

3. Subject to all defenses available to Denver, including, without limitation, the "undue hardship" and "direct threat" defenses, Denver shall not deny employment opportunities to qualified individuals with disabilities, or deny employment opportunities to qualified individuals with disabilities based on the need to make reasonable accommodations.

4. As a form of reasonable accommodation under the ADA, within one hundred and twenty (120) days of the entry of this Consent Decree, Denver shall implement a written reassignment policy in accordance with the ADA that will allow disabled police officers to be reassigned to vacant Career Service positions. In the interim, Denver will offer reassignment as a reasonable accommodation.

5. Denver shall rescind and remove any policy and practice prohibiting the reassignment of police officers to Career Service vacancies when those employees become unable to perform, with or without reasonable accommodation, the essential functions of the positions they hold.

6. Denver shall not retaliate against any person because that person has opposed Denver's allegedly discriminatory policies or practices by litigation or in any other manner, or because that person has cooperated with the United States' investigation of Denver's employment practices or any proceedings connected with that investigation or the administration of this Decree.

7. Insofar as any of the provisions of this Decree or any actions required under its provisions may be inconsistent with any state or municipal law, regulation, charter, rule, contract, or agreement, the provisions of the Decree shall prevail in accordance with the Constitutional supremacy of federal law. U.S. Const. art. VI, cl. 2.

VII. SPECIFIC INJUNCTIVE PROVISIONS

8. Denver agrees to provide police officers with disabilities with reasonable accommodations in accordance with Title I of the ADA. In order to meet this requirement, Denver agrees to engage in the ADA interactive process upon notice of a police officer's need for reasonable accommodation. The duty to engage in an interactive process is triggered:

• (a) when a police officer provides notice that he or she needs a reasonable accommodation by suggesting to his or her superior officer, supervisor, manager, or personnel officer that he or she requires a reasonable accommodation or needs to change or modify the manner, extent, or method of his or her job duties or responsibilities. The police officer may provide notice orally or in writing. The notice may be given in "plain English" and the police officer does not have to use the words "reasonable accommodation," mention the ADA, or use any specific terminology to give notice; or
  
• (b) when Denver has actual or constructive notice that a police officer may have a disability for which that officer needs a reasonable accommodation. Denver may be placed on such notice through its knowledge of the officer's hospitalization and treatment; placement of work restrictions on the police officer by physicians; the police officer's receipt of a permanent impairment rating under workers' compensation; or communication with family members, treating physicians, its own medical personnel, or medical personnel from Denver Health Medical Center or the Employees' Medical Clinic.
  

9. Within twenty (20) days of the notice specified in Paragraph 8, or a longer time if the police officer is not available or able to participate, Denver shall in good faith begin an interactive process with the officer to determine whether the officer is disabled and, if so, what, if any, reasonable accommodation can be provided to allow the officer to continue to perform the essential functions of his or her current job, or the essential functions of a different vacant Career Service job which is equivalent in terms of pay and benefits or, if none is available, a position of lower pay and benefits for which that employee is qualified.

10. In making the determination that a police officer has a disability within the meaning of Title I of the ADA, Denver may request and review medical records and other documentation in the possession, custody, or control of the officer who claims to have a disability or his or her health care provider. Denver also may obtain an independent medical evaluation for the purpose of gathering information needed to make this determination. Such examinations and evaluations shall be reasonable and paid for by Denver.

11. In order to determine whether a police officer requires reasonable accommodation to perform the essential functions of his or her job, Denver shall undertake an individualized assessment of the officer's ability to perform the essential functions of his or her current job. This individualized assessment shall include consideration of all relevant factors including the individual's background, knowledge, skills, abilities, and experience, and shall determine whether the individual can perform the essential functions of the job with or without reasonable accommodation. The preferred option always shall be an accommodation that allows the police officer to remain in his or her existing job.

12. In the event the police officer and Denver determine that no reasonable accommodation will allow him or her to continue in his or her current position, Denver shall notify the officer of the availability of reassignment to a Career Service position as a form of reasonable accommodation. Denver is not required to offer a police officer with a disability a vacant Career Service reassignment position unless the officer agrees to be reassigned or conveys to Denver a desire to remain employed despite his or her disability. If the officer is reassigned to a vacant Career Service position, Denver shall provide any reasonable accommodation necessary for the officer to perform the essential functions of the reassignment position.

13. If it is determined during the interactive process that reassignment is the only type of reasonable accommodation that would enable a police officer to remain employed, Denver shall continue to engage in an interactive process with the officer to determine whether any Career Service classifications exist for which the officer is qualified. Denver's responsibility to reassign a police officer to a Career Service position ends (1) two (2) months (or longer, if Denver deems appropriate) after Denver and the police officer have identified Career Service classifications for which that officer is qualified; or (2) if the officer is on approved sick leave, two (2) months after the police officer has exhausted his or her approved leave as provided for in Section 10.3(3) of the 1999-2001 Collective Bargaining Agreement (or any future amendments thereto), whichever is later. This Decree does not require Denver to provide any additional sick leave or other paid or unpaid leave beyond what an officer would ordinarily be entitled to under the Charter, Denver Revised Municipal Code, DPD Rules and Regulations, DPD Operations Manual, DPD Personnel Rules, and DPD collective bargaining agreements then in effect except that if the police officer runs out of paid leave, he or she may choose to continue to be considered for reassignment during the two (2) month period by continuing employment with the DPD using unpaid leave. Denver's responsibility to engage in the interactive process terminates if the officer withdraws his or her request for a reasonable accommodation.

14. Before rejecting or denying a reasonable accommodation by reassignment to a job on the basis that the individual poses a direct threat to the health and safety of the police officer or others, Denver shall perform an individualized assessment of that individual's ability to perform safely the essential functions of the reassignment position. See 29 C.F.R. § 1630.2r. In making this determination, a number of factors shall be considered, including but not limited to the duration of the risk, the nature and severity of the potential harm, the likelihood that the potential harm will occur, and the imminence of the potential harm. In evaluating those factors, Denver will consider all relevant information, including information specified in 29 C.F.R. §§ 1630.2 et seq. and the interpretive guidance to those sections. Denver will consider input from the individual, the experience of that individual in previous similar positions, medical judgment that relies on the best available objective evidence, the opinions of medical doctors and other professionals or associates of the individual who have expertise in the medical condition involved, and/or direct knowledge of that individual's qualifications or ability to perform the job.

15. If, after undertaking the individualized assessment specified in Paragraphs 9-12, Denver believes that an individual with a disability poses a direct threat to him or herself or others, Denver shall advise that individual of the reasons for the proposed rejection, including each essential function of the job which Denver has determined the individual cannot safely perform, and the reasons why Denver believes the individual cannot safely perform those functions, and shall invite the individual to provide, within a reasonable time, additional information in regard to his or her ability to safely perform the job, with or without reasonable accommodation, including but not limited to information from other physicians and information about the individual's current and recent physical capabilities as described in Paragraph 14. Denver shall maintain records of all factors considered in reaching its final decision.

16. Within one hundred and twenty (120) days of the entry of this Decree, Denver shall implement a reassignment policy in accordance with Paragraphs 8-23. This reassignment policy and a procedure implementing that policy will be published in the DPD's operating manual.

17. Reassignment, if appropriate, shall be to a vacant position which is equivalent in terms of pay and benefits or, if none is available within the time period specified in Paragraph 13, to a position of lower pay and benefits that is available in the period specified in Paragraph 13, for which that employee is qualified. Reassignment need not be to a position that constitutes a promotion. Denver may choose the reassignment that is to be offered to the qualified individual with a disability so long as it is one of equal pay and benefits, unless no such comparable position is available or comes available within the time period specified in Paragraph 13. If the individual with a disability rejects a reassignment which otherwise reasonably accommodates that individual's disability, Denver is under no obligation to continue offering other reassignments.

18. Denver is not required to reassign a police officer to a Career Service position if the police officer does not have a disability within the meaning of the ADA. In addition, reassignment is not available to new applicants for police officer positions.

19. Denver is not required to reassign a disabled police officer to a Career Service position if the police officer may still perform the duties of his or her present position, with or without reasonable accommodation.

20. Denver is not required to create new positions for the purpose of reassigning a police officer with a disability. Reassignment is limited to existing positions within the Career Service or to positions that become vacant within the time period specified in Paragraph 13.
21. Denver is not required to reassign a police officer with a disability to a position for which that officer is not qualified.

22. Denver is not required to reassign a police officer with a disability to a position for which the officer cannot perform the essential functions with or without reasonable accommodation or where the reasonable accommodation would pose an undue hardship on Denver.

23. Should a police officer with a disability be reassigned to a vacant Career Service position, the employee will no longer be a Civil Service employee, but instead a new Career Service employee. For purposes of this Consent Decree, the employee would be entitled to the pension given to Career Service employees after the appropriate number of years of service for vesting within the Career Service system (now five (5) years). The employee would not be allowed retroactive vesting for this pension for his or her years of service as a Civil Service employee. This Consent Decree does not prohibit an employee with a disability from purchasing service credits subject to procedures established by the Denver Employees Retirement Plan. The employee's vacation days that he or she accrued at the DPD as a Civil Service employee will not be carried over to the new position in the Career Service System; however, the employee shall be given monetary payments for such leave upon separating from the DPD, in accordance with the DPD rules and regulations and collective bargaining agreement then in effect. The employee shall accrue vacation leave as a new Career Service employee. If the employee so wishes, the employee's sick days that he or she accrued at the DPD as a Civil Service employee would be carried over to the new position in the Career Service System up to the maximum hours allowed by the Career Service rules, or the employee may elect to accept a monetary payment for the accrued sick leave upon leaving the DPD.

24. Within one hundred and twenty (120) days of the entry of this Decree, Denver shall review and where necessary modify all employment policies, practices, and requirements (e.g., Civil Service rules and Career Service rules, and police operating procedure manuals) to implement the reassignment policy described in Paragraphs 8-23 of this Decree.

25. Within sixty (60) days of the modification of the policies referenced in Paragraph 24, Denver shall provide ADA training to all DPD personnel who participate in making employment decisions. Such training shall include, at a minimum, training on Denver's revised reassignment policy as set forth in Paragraphs 8-23 of this Decree. This training shall be mandatory for all DPD supervisory personnel and any persons who, as part of their duties, have the responsibility to evaluate an officer's job performance.

VIII. INDIVIDUAL RELIEF

26. The United States contends inter alia that Denver has engaged in a pattern or practice of employment discrimination against police officers with disabilities in violation of the ADA. In settlement of that contention, as well as the claim of each individual identified in Paragraph 29 (Claimants), Denver agrees to the monetary relief in Paragraphs 27 and 28 below.

27. Denver agrees to establish a fund in the amount of $1,500,000 ("the Settlement Fund") in full and complete settlement of the claims for monetary relief against Denver in this action. Within thirty (30) days after approval by the Denver City Council, entry of this Decree, and receipt of a signed release, Denver agrees to make the required payment to each individual claimant who has signed a release. Any late payments shall bear interest at eight (8) percent per annum.

28. Within thirty (30) days after the entry of this Decree, the United States will provide to Denver a list of the individual amounts to be awarded to each claimant identified in Paragraph 29 below, less federal, state, and local taxes due on those amounts.

29. Claimants eligible for monetary relief under this Decree are:

Jackson W. Bender
John E. Cain
Gregory M. Cross
Ernest L. Espinosa
Dennis W. Griffith
Mark Y. Hernandez
John R. Johnson
Ronald L. Niebur
Rosanne Sapirie
Terry A. Walker
Alan J. Wodack

IX. IMPLEMENTATION

30. Denver agrees to notify all Claimants, identified in Paragraph 29, of the terms of this Decree after approval by the Denver City Council and within ten (10) days of its entry, by mailing to them, by certified mail, return receipt requested, a copy of the letter in the form set forth in Appendix B and enclosing a copy of the Decree. Denver shall also include a release (Appendix C) for each claimant to sign and return to Denver's counsel. In order to be entitled to any payment by Denver under this Decree, the claimant must execute a release (Appendix C) and send it to Denver's attorneys. Should a claimant not sign and return the release (Appendix C) within ninety (90) days of receipt, the claimant shall forfeit and waive his or her entitlement to payment under this Decree, and Denver may retain the money designated for that claimant. The letter identified as Appendix B advises the claimant of same.

IX. RECORDS

31. Within thirty (30) days of the payments to all claimants who have signed a release, Denver shall provide counsel for the United States a report showing the disposition of individual relief (including copies of the checks and transmittal letters) to the claimants under this Decree. Within fourteen (14) days after the completion of the examination and modification of procedures described in Paragraphs 24 and 25 of this Decree, Denver shall submit to the United States a written description of those modifications.

32. Fourteen (14) days after the training described in Paragraph 25 has been completed, Denver shall provide to the United States written certification that it has conducted such training, an outline of the training, copies of all training materials distributed, the identity and background of the person(s) conducting the training, and the identity of all persons who attended the training.

33. Within fourteen (14) days of the entry of this Decree, Denver shall post notices (in the form of Appendix A) in conspicuous places at the DPD, Career Service Authority headquarters, personnel offices, the police headquarters, and at all police stations and substations. The notices shall remain posted for twelve (12) months from the date of posting.

34. Each police officer, including lateral hires and recruits, shall receive an individual written notice of the revised reassignment policy set forth in Paragraph 24 within thirty (30) days of its publication.

35. Copies of this Decree shall be made available at the DPD offices where employees work or report. Denver shall also make available for review by the public a copy of this Decree at the main Career Service Authority office and in DPD headquarters.

X. RETENTION OF JURISDICTION

36. This Decree shall terminate five (5) years from the date of its entry. Before its termination, any party may move, for good cause shown, to extend or shorten the duration of the Decree. For the purpose of enforcing the Decree, the Court retains jurisdiction over this action for five (5) years from entry of this Decree. After five (5) years, or after the termination of any extension, the matter shall be dismissed unless the United States makes an appropriate motion before that time showing circumstances that warrant the Court's retention of jurisdiction and continuation of the injunctive provisions of the Decree and such motion is granted.

37. In the event of a legal challenge to this Decree by a non-party, through intervention or through a separate collateral lawsuit based on or arising from the allegations resolved by this Decree, the parties will fully defend the lawfulness of the Decree. If any such lawsuit arises in state court, then the City shall immediately notify counsel for the United States, and the City shall seek removal of such action to the appropriate United States District Court if so requested by the United States.

38. In the event the United States believes that judicial action is warranted to enforce the provisions of this Decree, it shall provide notice of its intention to:

City Attorney
City and County Building
1437 Bannock Street, Room 353
Denver, CO 80202

Such notice shall state the nature of the alleged violation and the relief sought, and, absent circumstances that warrant extraordinary relief, shall afford the City thirty (30) days within which to resolve the matter without judicial action. If the parties fail to reach a resolution, the United States may apply to the Court for an appropriate order.

39. This Decree is a public document and constitutes the entire agreement between the parties on this matter. Copies of this Decree shall be made available to any person by either party upon request to that party.

XI. INCORPORATION OF APPENDICES

40. All appendices are hereto incorporated by specific reference into this Decree and their terms are made a part of this Decree as though fully recited, or set forth herein.

XII. COSTS

41. Each party to this action shall bear its own costs, expenses, and attorney's fees.

It is so ORDERED.

DATED this ___ day of , 2000.

BY THE COURT:


___________________________________
JOHN L. KANE, JR.
Senior U.S. District Judge

CONSENT DECREE APPROVED BY:

J. WALLACE WORTHAM, JR. City Attorney SYBIL R. KISKEN Assistant City Attorney STEVEN W. MOORE Assistant City Attorney BY:_________________________ J. Wallace Wortham, Jr. 1437 Bannock Street Room 353 Denver, CO 80204 Telephone: (720) 913-3100 Attorneys for the City and County of Denver

BILL LANN LEE Acting Assistant Attorney General for Civil Rights JOHN L. WODATCH Chief L. IRENE BOWEN Deputy Chief, Disability Rights Section EUGENIA ESCH JOSEPH C. RUSSO HEATHER A. WYDRA BY:_________________________ Eugenia Esch Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 Telephone: (202) 514-3816 Attorneys for the United States

APPENDIX A

 

NOTICE TO EMPLOYEES

Title I of the Americans with Disabilities Act (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 hiring, advancement, reassignment or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.

Reassignment means a form of reasonable accommodation through which an individual with a disability who is unable, even with other reasonable accommodations, to perform the essential functions of his or her current job, is placed in a vacant position of equivalent pay and benefits or, if no equivalent position is available, a position of lower pay and benefits for which that employee meets the requirements in the job description.

The Equal Employment Opportunity Commission (EEOC) is the federal agency primarily responsible for investigating individual charges of discrimination under Title I of 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 one of the following:

John L. Wodatch, Chief
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738

Equal Employment Opportunity Commission
Denver District Office
303 East 17th Avenue #510
Denver, CO 80203
(303) 866-1300
(303) 866-1950 (TDD)

The City and County of Denver and the Denver Police Department support and will comply with the ADA in all respects.


____________________
Date

 

_________________________________
Signature

_________________________________
Title

APPENDIX B

 

NOTICE LETTER

A Consent Decree has been entered settling a complaint of employment discrimination filed by the United States against the City and County of Denver and the Denver Police Department in the case United States v. City and County of Denver and Denver Police Department, Civil Action No. 96-K-370 (D. Colo.) (Hon. John L. Kane). A copy of the Decree is enclosed. Please review it carefully.

Under the terms of the Decree entered on [date], you are being offered $[ ]. If you accept this payment, you must agree not to seek re-employment with the City and County of Denver including but not limited to any jobs within the Career Service or Civil Service. To receive your award, you must complete the attached "Release of all Claims" form (Appendix C) and return it within ninety (90) days of receipt to the following address:

Steven W. Moore
Assistant City Attorney
City Attorney's Office
1437 Bannock Street
Room 353
Denver, CO 80202
(720) 913-3100

If you have any questions concerning this settlement, you may contact Eugenia Esch, the attorney for the United States Department of Justice, at (202) 514-3816.

Sincerely,

___________________________
Steven W. Moore
Assistant City Attorney

Enclosures

APPENDIX C

 

RELEASE OF ALL CLAIMS

For and in consideration of accepting the Dollars ($ ) offered to me by the City and County of Denver under a Consent Decree entered by the Honorable John L. Kane, Jr., United States District Court Judge, on [date] in the United States v. The City and County of Denver and the Denver Police Department, Civil Action No. 96-K-370 (D. Colo.):

I, , release and discharge the City and County of Denver and the Denver Police Department and its current, former, and future agents, employees, officials, and designees, of and from all legal and equitable claims under the Americans with Disabilities Act, including but not limited to all claims which have been or could have been asserted in this action by the United States or by any individual claimant had he or she been a party in a private action.

I warrant that I have not assigned or transferred any right to payment described in this release and that I will indemnify the City and County of Denver against any claim arising from any such transfer or assignment.

I agree that the City and County of Denver and the Denver Police Department will withhold all applicable federal, state, and local taxes from the monetary award offered pursuant to the Consent Decree.

I agree not to seek re-employment with the City and County of Denver, including but not limited to any job within the Career and Civil Services, unless the FPPA determines that I am no longer disabled.

I understand that the payment being offered to me does not constitute an admission by the City and County of Denver or the Denver Police Department of the validity of any claim raised by me or on my behalf.

I understand that this Release constitutes the entire agreement between the City and County of Denver and the Denver Police Department and me.

I acknowledge that I am of legal age and under no mental incapacity. I further acknowledge that I have been advised to consult with an independent attorney and given the opportunity to consult with an attorney before signing this Release.

I further acknowledge that a copy of the Consent Decree between the United States and the City and County of Denver and the Denver Police Department resolving this lawsuit has been made available to me.

I agree that the invalidity or unenforceability of one or more provisions of this Release shall not affect the validity or enforceability of any of the other provisions hereof, and this Release shall be construed in all respects as if such invalid or unenforceable provision or provisions were omitted.

I agree that this Release shall be governed and construed in accordance with the laws of the State of Colorado.

I HAVE READ THIS RELEASE AND UNDERSTAND ITS CONTENTS AND I SIGN THIS RELEASE OF MY OWN FREE WILL.

Signed this ______ day of ________________, 2000.



_____________________________________
[Name]

Social Security Number _________________

Subscribed and sworn to before me this

_____ day of ________________, 2000.

My Commission expires:_______________________