SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

THE CITY OF FLAGSTAFF, ARIZONA


 DEPARTMENT OF JUSTICE NUMBER

204-8-163



Settlement Agreement | Department of Justice Press Releases




BACKGROUND

A. SCOPE OF THE INVESTIGATION

The United States Department of Justice (“Department”) initiated this matter as a compliance review of the City of Flagstaff, Arizona, (“City”) under title II of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12131-12134, and the Department’s implementing regulation, 28 C.F.R. Part 35. Because the City receives financial assistance from the Department of Justice, the review 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 review was conducted by the Disability Rights Section (DRS) of the Department’s Civil Rights Division and focused on the City’s compliance with the following title II requirements:

The Department limited its program access review to those of the City’s programs, services, and activities that operate in the following facilities: City Hall, the City Library, the Municipal Court, the Flagstaff Adult Center, Jay L. Lively Activity Center & Therapeutic Recreation Center, the East Flagstaff Community Library, Mount Elden Middle School, the Flagstaff Therapeutic Center, Buffalo Park, the Old Town Springs Park, Theatrikos Drama Center, Fire Station #1, Fire Station #2, Fire Station #3, Fire Station #4, Fire Station #5, and Fire Station #6, Heritage Square Park, the Police Department, Thorpe Park, Ponderosa Park, Bushmaster Park, the Mobile Haven Park, the Flagstaff Visitors Center, the Murdoch Community Center, and the Cogdill Recreation Center. Of these, the following facilities constitute new construction commenced after January 26, 1992: Heritage Square Park and the Police Department. The following facilities were altered after January 26, 1992: Thorpe Park, Ponderosa Park, Bushmaster Park, the Mobile Haven Park, and the Flagstaff Visitors Center. The Department also reviewed polling locations.

B. JURISDICTION

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

2. The Department is authorized to conduct this compliance review under 42 U.S.C.
§ 12133 in order to determine the City’s compliance with title II and the Department’s implementing title II regulation, to issue findings and, where appropriate, to negotiate and secure a voluntary compliance agreement. 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.

3. The Department is also authorized to conduct this compliance review under 28 C.F.R. Part 42, Subpart G, to determine the City’s compliance with § 504 of the Rehabilitation Act of 1973, to issue findings, and, where appropriate to negotiate, and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 29 U.S.C. § 794 and 28 C.F.R. §§ 42.530, 42.108-110, to suspend or terminate financial assistance to the City provided by the Department of Justice should the Department fail to secure voluntary compliance pursuant to Subpart G or to bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.

C. ACTIONS TAKEN BY THE CITY

4. The City of Flagstaff currently has a population of approximately 55,000 persons. The City conducted a self-evaluation in 1992 and developed a transition plan over the next two years. The documents show a thorough review, aided by the members of the Mayor’s Commission on Disability Awareness. The City transition plans were the subject of Flagstaff City Council meetings and the record of those meetings was made available for review at the public library and the City Clerk’s office.

5. In the wake of its self-evaluation, the City took steps to bring its employment policies into compliance with title I of the ADA. Pre-employment medical or disability inquiries do not appear on its employment application, and the City has adopted a reasonable accommodations policy.

6. The City has had an ADA Coordinator for many years.

7. The City has undertaken physical modifications to facilities in order to provide program access. For example, by spring 2002 it spent over $1,000,000 since the ADA’s passage making its park system accessible to people with disabilities. Additionally, the City has made extensive accessibility improvements to its curbs and sidewalks.

8. Qualified sign language interpreters or other auxiliary aids and services are made available upon request for City Council work sessions and other public meetings; advance agendas carry contact information for the submission of such requests. Additionally, Flagstaff citizens can have direct communication with the Mayor and City Council through an e-mail function on the City’s web site.

9. The City has a TDD in City Hall, the Library, and the Police Department to facilitate non-emergency communication with citizens who are deaf or speech impaired. The non-emergency TDD numbers are published in the telephone book, on City letterhead, the Web page, Cityscape news magazine, the “Friends of the Library” newsletter as well as the “Special Services” newsletter.

The parties to this Agreement are the United States of America and the City of Flagstaff, Arizona. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties hereby agree as follows.


REMEDIAL ACTION

10. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from filing a civil suit in this matter regarding ¶¶ 11 - 36 except as provided in ¶¶ 39, 41.

11. 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), 35.151. The Standards appear at 28 C.F.R. Part 36, Appendix A.

A. POLICIES AND PROCEDURES

12. The City has adopted a policy and procedure for providing reasonable accommodation to qualified individuals with disabilities who are prospective or current employees. Within 180 days of the effective date of this Agreement, the City will amend its policies to recognize its additional obligations under title I of the ADA and the implementing regulation of the U.S. Equal Employment Opportunity Commission, as summarized in Attachment A to this Agreement.

13. Within 180 days of the effective date of this Agreement, the City will distribute the attached Non Discrimination Notice (Attachment B) to all agency heads; publish the Notice on its Internet web page for the life of this Agreement; and post copies in conspicuous locations in its public buildings. It will refresh the posted copies, and update the contact information contained on the Notice, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request.

14. Within 60 days of the effective date of this Agreement, the City will identify the sources of qualified sign language interpreters and vendors that it uses to produce Braille documents, and will develop written procedures, with time frames, for fulfilling requests from the public for interpreters for any City program, service, or activity and for City publications in alternate formats (Braille, large print, cassette tapes, etc.).

15. Within 180 days of the effective date of this Agreement, the City will adopt the attached ADA Grievance Procedure (Attachment C), distribute it to all agency heads, incorporate it into the City’s system of regulations or directives, and post copies in conspicuous locations in its public buildings. It will refresh the posted copies, and update the contact information contained on the Procedure, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request.

16. The City will report to the Department within 180 days of the effective date of this Agreement the actions it has taken to comply with ¶¶ 12-15.

17. The City currently provides information to the public regarding services and programs for persons with disabilities through several forms of communication including: the City’s bi-monthly publication (City Scape) regarding Parks and Recreation Programs, publication of the City Council’s weekly agendas in the local daily newspaper (the Arizona Daily Sun) with contact number to request special accommodations, and publication of the Library’s InfoGuide to services for the disabled which lists all the services available at the Library. Information regarding services and programs for persons with disabilities will also be available at the Library, Recreation Buildings, and City Hall, and will be provided in alternate format (Braille, large print, cassette tapes, etc.). Recorded information will also be provided through the telephone service.

B. NON-EMERGENCY TELEPHONE COMMUNICATION

18. The City’s non-emergency communication with citizens who are deaf or speech impaired is facilitated by three TDD’s located in City Hall, the Library, and the Police Department. The office housing the City Hall TDD acts an intra-City relay for other City offices.

19. Within 60 days of the effective date of this Agreement, the City will officially recognize the Arizona telephone relay service as the means by which it communicates with deaf or speech impaired citizens.

20. The City will publicize the Arizona telephone relay service on the same basis as its voice telephone numbers.

a. The City will ensure that the service is publicized in the City’s White Pages telephone directory within one year of the effective date of this Agreement.

b. The City will ensure that the service is publicized in the next edition of City Scape.

c. The City will ensure that the service is publicized in a City Web Page within 30 days of the effective date of this Agreement.

d. The City will use sticker inserts to add the relay service number to the Department letterhead within 45 days of the effective date of this Agreement.

21. The City will take steps to ensure that all appropriate employees are trained and practiced in using the Arizona telephone relay service to make and receive calls within 90 days of the effective date of this Agreement.

22. The City will report to the Department within 180 days of the effective date of this Agreement the actions it has taken to comply with ¶¶ 19-21.

C. 9-1-1 SERVICES

23. The City recently upgraded its 9-1-1 emergency services and uses a computer telephone integrated system (CTIS) that has TDD capabilities at each call-taking station, automatically recognizes TDD calls, sends pre-programmed messages, and opens a window on the call-taker’s screen allowing text conversation. The City shall take the following additional actions:

a. The City shall ensure that TDD calls are answered as quickly as all other calls are received, and are monitored for timing and accuracy.

b. The City shall ensure that appropriate employees are trained and accomplished in using the CTIS to make and receive calls within 180 days of the effective date of this Agreement.

c. The City shall conduct internal testing programs in which random TDD test calls are placed to each call taking position once a month. The tests will be designed to ascertain whether CTIS equipment functions properly and whether personnel have been adequately trained in its use.

D. POLLING PLACES

24. The Department surveyed three of the City’s/County’s 31 polling locations, and found that modifications were required at Mount Elden Middle School. It is recognized that the Coconino County Elections Office, not the City, selects and controls polling locations and procedures. The County provides the option of mail, as well as delivery of ballots to the vehicle of qualified persons under the ADA in the poll parking lot, and accepts ballots up to and including the day of the election.

a. The City has requested that the County Recorder, the local official responsible for polling locations within the City, survey the remaining polling locations to determine whether they are accessible within the meaning of the Americans with Disabilities Act and its implementing regulations, with respect to parking, exterior routes, entrances, and interior routes to the voting areas. The City also asked the County Recorder to address the modifications required at Mount Elden Middle School. The Department will follow up with the County on these issues during the life of this Agreement.

b. The City agrees to continue to provide the option of mail-in ballots and curbside voting to persons with disabilities, in accordance with Arizona law, and accept ballots up to and including the day of the election.

E. SIGNAGE ON ACCESSIBLE AND INACCESSIBLE ENTRANCES

25. Within 6 months of the effective date of this Agreement, the City will survey the facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible, and install signage as necessary in compliance with 28 C.F.R. § 35.163(b) and the Standards. Standards § 4.1.3(7)(c).

F. PHYSICAL MODIFICATIONS

In order to ensure that the following facilities, for which new construction commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the City shall take the following actions.

24. The site and architectural plans for the newly constructed City Police Administration building were submitted to the Department. The City shall verify as-built conditions cited in the review and complete necessary modifications to this building within 12 months of the effective date of this Agreement:

Sheet A 6.1

a. Where microwave ovens are made available, they shall be set on counter tops with heights from 28 to 34 inches above the finish floor or ground. Standards § 4.32.4.

Sheet A 7.1

b. Men’s and Women’s Toilet Rooms #1118, #1119. The City shall remove the closer on the door and install the door to swing outwardly. Standards §§ 4.1.3(7), 4.13.6, Fig. 25(c).

Sheet A 7.4

c. Coffee room #1174 and Break room #1169. Where microwave ovens are made available, they shall be set on counter tops with heights from 28 to 34 inches above the finish floor or ground. Standards § 4.32.4.

In order to ensure that the following City facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the City shall take the following actions.

27. The City shall make the following modifications to Thorpe Park within two years of the effective date of this Agreement, and will provide accessible portable toilets in the interim in compliance with § 4.1.2(6) of the Standards:

a. Ball Field Toilet Rooms

The City plans to construct additional, accessible toilet rooms to supplement the existing, inaccessible facilities. The City shall submit to the Department for its review a full set of construction drawings, with project manual, at least 120 days before construction is due to commence, and will include any modifications that are indicated by the Department as necessary to comply with the ADA Standards for Accessible Design.

b. The top of the concession counter at the ball field is 50 1/4 inches above the ground. The City shall provide equivalent facilitation within 90 days or when the concession counter opens, by offering those services at an accessible location (such as an adjacent table served by a concession stand employee) for individuals who use wheelchairs. The City shall also provide directional signage to the accessible location. Standards §§ 7.2(2)(iii), 4.1.2(7), 4.30, Figure 43(b).

In order to ensure that each of the City’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 City will take the following actions.

28. The City shall complete the following modifications to City Hall within one year of the effective date of this Agreement:

a. The top of the Planning and Engineering service counter is 43 inches above the finish floor. Provide a portion of the service counter that is at least 36 inches wide and no more than 36 inches high. Standards § 7.2.2(i).

b. There is a bank of three public telephones. None has volume control and none has a shelf and outlet to accommodate a portable TDD. The City has installed a TDD for the use of the public, however, at a nearby reception desk. Provide at least one public telephone that has hearing aid compatibility and a volume control with an identifying symbol, and provide a sign at the telephone bank indicating the location of the TDD. Standards §§ 4.1.3(17), 4.31.2 through 4.31.8, 4.31.9(3), 4.30.7(2), (3).

c. Men’s and Women’s Toilet Rooms

(1) The designated accessible stall in each toilet room on the first floor is 40 inches wide, and the toilet paper dispenser in the women’s stall is located 38 inches from the back wall. Install signs at these inaccessible toilet rooms and in conspicuous places directing users to the location of the second floor toilet rooms, via the elevator to the second floor, modified to be fully accessible as required below; ensure that the International Symbol of Accessibility appears on the signs that identify the latter. Standards
§§ 4.1.2(7)(d), 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7(1).

(2) The toilet rooms on the second floor also have designated accessible stalls that are less than 60 inches wide, and the coat hook in the women’s room is located 68 1/2 inches above the finish floor. The City shall provide in each room a “standard” accessible toilet stall that fully complies with the Standards. The City shall submit to the Department for its review a full set of construction drawings, with project manual, at least 120 days before construction is due to commence, and will include any modifications that are indicated by the Department as necessary to comply with the ADA Standards for Accessible Design.

29. The City shall complete the following modifications to the Flagstaff City Library within one year of the effective date of this Agreement:

a. The Flagstaff City Library does not have accessible toilet rooms. Since the Department’s onsite survey, the City closed its branch library in East Flagstaff, which also lacked accessible toilet facilities, and plans to open a new, fully accessible branch library in East Flagstaff.

The City shall submit to the Department for its review a full set of construction drawings, with project manual, at least 120 days before construction is due to commence, and will include any modifications that are indicated by the Department as necessary to comply with the ADA Standards for Accessible Design.

b. Within 30 days of the opening of the new East Flagstaff Library, the City will notify the public that this facility is fully accessible through the methods enumerated in ¶ 17 above.

30. The City shall complete the following modifications to the Municipal Court within one year of the effective date of this Agreement:

a. The top of the Bond & Fine Payment service counter is 42 inches above the floor. Provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). The City shall provide signage at the counter indicating that assistance is available and where to obtain it. Standards §§ 7.2(2)(iii), 4.1.2(7), 4.30, Figure 43(b).

b. The designated accessible stalls in the men’s and women’s toilet rooms are 36 inches wide and the toilet paper dispenser is located 39 inches from the back wall. Provide an accessible unisex toilet room such that all of the room’s elements, including stall door, stall door hardware, toilet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. Standards §§ 4.22, Figures 3(b), and 28.

31.The City shall complete the following modifications to the Flagstaff Adult Center within two years of the effective date of this Agreement:

a. The City plans to construct additional, accessible toilet rooms to supplement the existing, inaccessible facilities. The City shall submit to the Department for its review a full set of construction drawings, with project manual, at least 120 days before construction is due to commence, and will include any modifications that are indicated by the Department as necessary to comply with the ADA Standards for Accessible Design.

32. The City shall complete the following modifications to the Jay L. Lively Activity Center and Therapeutic Recreation Center within one year of the effective date of this Agreement, except where otherwise noted:

a. There are two accessible parking spaces located at the front of the building; one is of “universal design” but is not identified as a van-accessible parking space. Additionally, the access aisle is not level in all directions because a built-up curb ramp intrudes into the aisle. The City will alter the spaces so that there is at least one van- accessible parking space served by an access aisle that has slopes not exceeding 1:50 in all directions, and that is part of the accessible route to the entrance; and will install a sign designating the space as “van-accessible” mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5), 4.6.3, 4.6.4.

b. There is a 2 1/2 inch change at the threshold of the entrance to the Jay L. Lively Center. The City will alter the entrance and threshold so that there is a change in level no greater than 1/2 inch at the threshold with edges beveled with a slope no greater than 1:2. Standards §§ 4.13.8, 4.5.2.

c. Although individuals who use wheelchairs are permitted on the ice skating rink, there is no accessible route onto the rink. The City shall establish an accessible route from the Center entrance onto the rink that has changes in level no greater than 1/2 inch, beveled with a slope no greater than 1:2 and that otherwise complies with the Standards. Standards §§ 4.3.8, 4.5.2.

d. The Men’s and Women’s Toilet Room are not on an accessible route that has a minimum clear width of 36 inches, and the door to each room does not have a minimum clear opening of 32 inches nor does either door have the required maneuvering clearance. The City shall renovate these rooms to make them fully accessible within two years of the effective date of this Agreement. The City shall submit to the Department for its review a full set of construction drawings, with project manual, at least 120 days before construction is due to commence, and will include any modifications that are indicated by the Department as necessary to comply with the ADA Standards for Accessible Design.

e. Unisex Locker Rooms

(1) The centerline of the toilet in the designated accessible stall in each room is 21 inches from the side wall. The City shall build the side wall out 3 inches so the toilet centerline is exactly 18 inches, and install side and rear grab bars in accordance with the Standards. Standards §§ 4.17.3, 4.17.6, 4.26, Figures 30(a) and 30(d).

(2) The side grab bar in the designated accessible toilet stall in each room extends 45 inches from the rear wall. Provide a side grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 40 inches long, and the end farthest from the back wall is located at least 52 inches from the back wall. Standards §§ 4.17.6 & Fig. 30(d), 4.26.

(3) The coat hooks on the toilet stall doors in the locker room are 64-65 inches above the finish floor. Provide a hook that is no more than 54 inches above the finish floor for a side reach or, if that is not available, 48 inches above the finish floor for a front reach. Standards §§ 4.25.3, 4.2.5, 4.2.6.

(4) Neither locker room has an accessible shower. Provide one shower stall that is exactly 36 inches wide by 36 inches deep, has a clear floor space that is 36 inches wide by 48 inches deep extending 12 inches beyond the seat wall to enable a wheelchair user to make a lateral transfer, has a shower seat and grab bars, has controls between 38 and 48 inches above the shower floor within 18 inches of the opening on the wall opposite the seat, and has a shower spray unit with a 60 inch long hose or a fixed shower head mounted at 48 inches above the shower floor. Standards §§ 4.21, Fig. 35(a), Fig. 37(a). Provide directional signage to the accessible shower stall, and identify it using the International Symbol of Accessibility. Standards §§ 4.1.3(11), 4.23, 4.21, Fig. 35(a), 4.1.3(16), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7(1), 4.1.2(7)(d).

33. The City shall complete the following modifications to the Flagstaff Recreation Center:

a. Women’s and Men’s Toilet Rooms [off of Billiard Room]

These toilet rooms are not accessible. Within 90 days of the effective date of this Agreement, the City shall install proper signage directing all users to the accessible toilet room located in the gymnasium. Standards §§ 4.1.2(7)(d), 4.30.

b. Men’s and Women’s Locker Rooms

The toilet rooms are not accessible. Within two years of the effective date of this Agreement, the City shall alter the rooms to make them fully accessible. The City shall submit to the Department for its review a full set of construction drawings, with project manual, at least 120 days before construction is due to commence, and will include any modifications that are indicated by the Department as necessary to comply with the ADA Standards for Accessible Design.

c. There is no accessible exterior route between the Center’s accessible parking and the tennis courts and playground; these can be accessed only through the Center and out rear doors that have no exterior hardware. Establish an accessible exterior route from the Center’s accessible parking into the tennis courts and playground. Standards §§ 4.1.2(2), 4.3, 4.5

d. There is a change in level at the threshold of the gym and racquetball court entrance that is greater than 1/2 inch. The City shall alter the threshold of the gym and racquetball court entrance so there is a change in level no greater than 1/2 inch and beveled with a slope no greater than 1:2. Standards §§ 4.13.8, 4.5.2.

34. The City shall complete the following modifications to the Cogdill Recreation Center within two years of the effective date of this Agreement:

a. Men’s and Women’s Toilet Rooms

(1) The designated accessible toilet stall in each room is 38-39 inches wide.
Provide in each room a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, coat hook height, and controls and dispensers comply with the Standards. Standards §§ 4.13, 4.22.4, 4.16, 4.17 & Fig. 30, 4.25.3, 4.26, 4.27.

(2) The paper towel dispenser is mounted 53 inches above the finish floor and between the lavatory and urinal. Provide a paper towel dispenser that is within the reach ranges of a person using a wheelchair in an area where there is a 30 inch by 48 inch clear floor space adjacent to the dispenser. Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(3) The wall-mounted lavatory in the women’s room has a clearance of 27 1/2 inches above the base to the bottom of the apron, hot water and drain pipes that are not insulated or otherwise configured to protect against contact, and trash cans placed underneath and in front of it. Provide a lavatory that has a clearance of at least 29 inches above the finish floor to the bottom of the apron, insulated pipes, and a clear floor space of 30 inches by 48 inches in front of it, extending 17 to 19 inches below it. Standards §§ 4.19.2, 4.19.3, 4.19.4 & Figs. 31, 32.

35. The City shall insure that the following modifications to Theatrikos will be completed by the current tenant, within two years of the effective date of this Agreement:

a. The top of the ticket counter is located 42 1/2 inches above the floor. 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). If an auxiliary counter or equivalent facilitation is offered, appropriate directional signage must be provided. Standards §§ 7.2(2), 4.1.2(7).

b. Toilet Room

(1) The room identification signage is not accessible. Install a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline is 60 inches above the floor and so that a person can approach to within 3 inches of the sign without encountering obstructions or standing within a door swing. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The entrance door has knob hardware. Replace the handle with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards § 4.13.9

(3) The door swings into the clear floor space required at the lavatory, which also compromises the maneuvering clearance required at the door on the pull side. Alter this area (e.g., reverse the swing of the door, reposition the lavatory) so that the clear floor space at the fixtures and the maneuvering clearance at the door comply with the Standards. Standards §§ 4.13.6, Fig. 25, 4.22.3, 4.19.3.

(4) The mirror is mounted so that the bottom edge of the reflecting surface is 55 1/2 inches above the finish floor. Provide a mirror mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. Standards § 4.19.6.

36. Fire Stations

a. The Department surveyed six City fire stations. The public visits the City’s fire stations for blood pressure screening, walk-in medical checks, driving directions, and to report fires or accidents. Additionally, fire science classes are held at Stations #3 and #6, and school tours are conducted at Station #2.

b. Accessibility issues exist at the following stations:

Fire Station #1 – The door swings into the clear floor space required at the toilet, and there is no latch side maneuvering clearance at the door on the inside of the room. Standards §§ 4.13.6, 4.22.2, 4.22.3.

Fire Station #3 – There is a sign reserving an area for accessible parking, but the space and aisle are not demarcated and the sign does not indicate that the area is van-accessible. The toilet room door opens into the clear floor space required at the toilet and has insufficient maneuvering space. Standards §§ 4.1.2(5)(a) and (b), 4.6.3, 4.6.4, 4.13.6, 4.22.2, 4.22.3.

Fire Station # 4 – The designated accessible parking space is not van-accessible because it lacks a 96-inch wide access aisle and the additional “van-accessible” identification. There is knob hardware on the exterior door that requires tight grasping, pinching, or twisting of the wrist to operate; the toilet room door swings into the clear floor space required at the lavatory; and the bottom of the mirror is mounted higher than 40 inches. Standards §§ 4.6.3, 4.6.4, 4.13.9, 4.22.2, 4.22.3, 4.19.6.

Fire Station # 6 - The coat hook in the toilet room is located 66 inches above the finish floor, and the toilet flush control is located on the closed (narrow) side of the room. Standards §§ 4.2.5, Fig. 5(a), 4.16.5, 4.25.3.

c. Modifications to correct the accessibility issues identified above at Fire Station 6 shall be completed within 180 days of the effective date of this Agreement. The City shall ensure that Fire Station 6 is the only station that offers services to the public, and that information is available to the public as to which station is fully accessible. Fire Station 6 will offer school tours.

IMPLEMENTATION AND ENFORCEMENT

37. 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 City will submit written reports to the Department summarizing the actions the City has taken pursuant to this Agreement. Reports will include photographs, architectural plans, notices published in the newspapers, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations.

38. If at any time the City desires to modify any portion of this Agreement because of changed conditions making performance impossible or impracticable or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written Agreement by the Department to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the Department, which approval shall not be unreasonably withheld or delayed.

39. The United States may review compliance with this Settlement Agreement at any time. If the United States believes that The City of Flagstaff is not in compliance with this Settlement Agreement or any requirement contained herein, the United States agrees to notify The City of Flagstaff of the alleged noncompliance in writing and attempt to seek a resolution of the matter. The City of Flagstaff shall have 45 days from receipt of the written notice in which to prove compliance or to correct the noncompliance. If the parties are unable to reach a resolution, the United States may seek relief from an appropriate district court.

40. 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.

41. In the event that the City fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department as 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, may declare the Agreement null and void and file suit to enforce title II of the ADA, or it may initiate appropriate steps to enforce § 504 of the Rehabilitation Act.

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

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

44. 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 City's continuing responsibility to comply with all aspects of the ADA.

45. This Agreement shall remain in effect for three years from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the City has been achieved.

46. The person signing for the City of Flagstaff represents that he is authorized to bind the City to this Agreement.


For the City: For the United States:



__________________________
David W. Wilcox, City Manager
City of Flagstaff
Flagstaff, Arizona












Date ____6-25-02_____


RALPH F. BOYD, JR.
Assistant Attorney General
For Civil Rights

By:__________________________
JOHN L. WODATCH, Chief
SUSAN B. REILLY, Deputy Chief
PHYLLIS M. COHEN, Senior Trail Attorney
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, DC 20035-6738
(202) 307-0663


Date __ 7-24-02____



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ATTACHMENT A




SUMMARY OF PERSONNEL PRINCIPLES IN COMPLIANCE WITH TITLE I OF THE ADA




The City does not discriminate on the basis of disability in its hiring or employment practices. The City shall not ask a job applicant about the existence, nature, or severity of a disability or medical condition. 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 City shall 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 City’s business. To the extent its selection criteria for employment decisions have the effect of disqualifying an individual because of disability, those criteria must be job-related and consistent with business necessity. Employees’ medical information shall be maintained separately from personnel files and protected by confidentiality.



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ATTACHMENT B

Department of Justice seal

NOTICE

UNDER THE AMERICANS
WITH DISABILITIES ACT

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


The City does not discriminate on the basis of disability in its hiring or employment practices. The City 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 City 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 City’s business. Any employee’s medical records will be retained separate from personnel files and kept confidential. The City 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 City will provide appropriate auxiliary aids and services, including qualified sign language 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. A person who requires an accommodation or an auxiliary aid or service to participate in a City program, service, or activity, should contact the office of Theresa Alvarado, Human Resources Director, ADA Coordinator, and Affirmative Action Officer, at 928-779-7685 (voice) as far in advance as possible but no later than 48 hours before the scheduled event.

The City can be reached by telecommunications devices for the deaf (TDD) at 928-774-5281 and also through the Arizona Relay Service at 1-800-367-8939 (TDD).

Complaints that a City program, service, or activity is not accessible to persons with disabilities should be directed to Theresa Alvarado.

The City 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.


June 2002

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ATTACHMENT C

Department of Justice seal

CITY OF FLAGSTAFF

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 City of Flagstaff. The City’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:

Theresa Alvarado
Human Resources Director, ADA Coordinator,
and Affirmative Action Officer
City of Flagstaff
211 West Aspen Avenue
Flagstaff, AZ 86001

Within 15 calendar days after receipt of the complaint, Ms. Alvarado or her designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, Ms. Alvarado or 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 City of Flagstaff and offer options for substantive resolution of the complaint.

If the response by Ms. Alvarado or her designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision of within 15 calendar days after receipt of the response to the City Manager or his designee.

Within 15 calendar days after receipt of the appeal, the City Manager or his designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting the City Manager or his 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 Ms. Alvarado or her designee, appeals to the City Manager or his designee, and responses from these two offices will be retained by the City of Flagstaff for at least three years.


June 2002

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last revised July 31, 2002