BACKGROUND

SCOPE OF THE INVESTIGATION

• 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 regulation, 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 regulation, 28 C.F.R. § 35.106;
  
  
• to designate a responsible employee to coordinate its efforts to comply with 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), 28 C.F.R. pt. 36, App. A, or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101-19.6, App. A.
    
    
• 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 text telephone (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 9-1-1 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).
  
  

As part of its compliance review, the Department reviewed the following facilities, which – because construction or alterations commenced after January 26, 1992 – must comply with the ADA’s new construction or alterations requirements: Courthouse and Noxious Weed Building.

The Department’s program access review covered those of the County’s programs, services, and activities that operate in the following facilities: Courthouse, Annex, Jail, Zoning and Planning Commission Office, Safety Building, Public Defenders Office, and Convention and Visitors Bureau.

The Department conducted a program access review of the following polling places: Harvest Christian Fellowship, Methodist Church, First Baptist Church, and Berean Church. This review was limited to the areas of the facilities used by the voting public: parking, the route from the parking area to the area used for voting, and the area used for voting.

The Department reviewed the County’s policies and procedures regarding voting and sidewalk maintenance to evaluate whether persons with disabilities have an equal opportunity to utilize these programs.

Finally, the Department reviewed the County Sheriff’s policies and procedures regarding providing effective communication to persons who are deaf or hard-of-hearing.

JURISDICTION

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

2. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to determine the compliance of the County with title II of the ADA and the Department's implementing title II regulation, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 42 U.S.C. § 12133, to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance pursuant to Subpart F.

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

4. The parties to this Agreement are the United States of America and Lincoln County, Nebraska.

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

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

ACTIONS TAKEN BY THE COUNTY

7. The County has a designated ADA Coordinator. Grievances are brought to the attention of the Coordinator who then, along with the County Board of Commissioners or designated attorneys, works towards a resolution of the matter.

8. The County conducted a self-evaluation in 1992 in order to ensure that the programs offered at County facilities are readily accessible to and usable by individuals with mobility impairments.

9. Based on the self-evaluation, the County made the following alterations after January 6, 1992, in order to ensure that the County Courthouse is readily accessible to and usable by individuals with mobility impairments:

a. Installed new sidewalk, curb cuts and accessible parking;

b. Corrected telephone height on pay phone;

c. Installed a new accessible drinking fountain;

d. Installed accessible toilet room on the first floor;

e. Completed indoor ramp connecting original courthouse to the annex.

10. Based on the self-evaluation, the County made the following alterations after January 6, 1992, in order to ensure that the County’s Noxious Weed Department is readily accessible to and usable by individuals with mobility impairments:

a. Created accessible parking;

b. Installed an accessible toilet room.

11. The County’s emergency 9-1-1 dispatch center has done or does the following:

a. Installed a Motorola Centercom Gold computer, which is equivalent to a TTY, at each 9-1-1 call station.

b. Developed a 10 week training program that includes training each call taker to use the Motorola Centercom Gold computer’s TTY capabilities to answer incoming calls from a TTY user, and to ensure that TTY calls are answered as quickly and handled as effectively as other calls received.

c. Monitors its incoming 9-1-1 TTY calls to ensure they are answered as quickly and accurately as other calls received.

d. Performs a yearly test of its computers’ and call takers’ TTY capabilities.

12. The County has set up some table-top voting equipment on accessible tables and within the reach ranges required by the Standards at some polling places.

13. Any absentee voter may cast his or her ballot in the office of the election commissioner or county clerk at any time between the close of the voter registration period and the close of polls on election day, or any time between thirty-five days prior to the election and the close of the polls on election day, or the ballots may be mailed to the office and counted if they arrive before the close of the polls on election day.

14. The County provides persons with disabilities an opportunity to participate in curbside voting at any polling place that does not have accessible parking, exterior route, entrance, and interior route to the voting area

REMEDIAL ACTION

NOTIFICATION

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

16. Within three months of the effective date of this Agreement, and annually thereafter until the Agreement terminates, the County will implement and report to the Department its written procedures for providing information for interested persons with disabilities concerning the existence and location of the County’s accessible programs, services, and activities.

GRIEVANCE PROCEDURE

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

GENERAL EFFECTIVE COMMUNICATION PROVISIONS

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

19. The County will take steps to ensure that all appropriate employees are trained and practiced in using a TTY and the Nebraska Relay Service to make and receive calls and that its TTY’s are maintained in good working order through test calls every six months for the life of this Agreement.

LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION

20. Within two months of the effective date of this Agreement, the County will adapt for its own use and implement the Lincoln County Sheriff’s Office Policy Statement on Effective Communication with People Who are Deaf or Hard of Hearing [Attachment C] and distribute to all police officers the Guide for Law Enforcement Officers When in Contact with People Who are Deaf or Hard of Hearing [Attachment D].

21. Within two months of the effective date of this Agreement, the County will contract with one or more local qualified oral/sign language interpreter agencies to ensure that the interpreting services will be available on a priority basis, twenty-four hours per day, seven days a week, or make other appropriate arrangements (such as contracting directly with or hiring qualified interpreters).

22. Within one month of the effective date of this Agreement, the County will ensure that the jail is equipped with a working TTY (text telephone or TDD) and that it is made available to each police station or substation 24 hours a day and 7 days a week to enable persons who are deaf, hard of hearing, or who have speech impairments to make outgoing telephone calls.

VOTING

23. The County recognizes that some of its polling places are not readily accessible to and usable by persons with mobility impairments.

24. Many of the polling places are located in facilities operated by religious entities. However, some of the County polling places are owned or operated by other public entities subject to title II or by public accommodations subject to title III and, as such, are subject to the obligation to provide program access or remove barriers to accessibility under the ADA. This Agreement does not limit such future enforcement action against the owners or operators of these polling places by any person or entity, including the Department.

25. Within one month of the effective date of this Agreement, the County will notify the Harvest Christian Fellowship that the County is going to participate in a pilot program to make polling places accessible under the ADA in conjunction with the Nebraska Secretary of State and will provide temporary signage to be used to designate accessible parking as required by federal law on election days. The County will simultaneously send a courtesy copy of the notification to the Department.

26. Within one month of the effective date of this Agreement, the County will notify the Methodist Church that the County is going to participate in a pilot program to make polling places accessible under the ADA in conjunction with the Nebraska Secretary of State and will provide temporary signage to be used to designate accessible parking as required by federal law on election days. The County will simultaneously send a courtesy copy of the notification to the Department.

27. Within one month of the effective date of this Agreement, the County will notify the First Baptist Church that the County is going to participate in a pilot program to make polling places accessible under the ADA in conjunction with the Nebraska Secretary of State and will provide temporary signage to be used to designate accessible parking as required by federal law on election days. The County will simultaneously send a courtesy copy of the notification to the Department.

28. Within one month of the effective date of this Agreement, the County will request in writing that the First Baptist Church either provide at its entrance a minimum space between the two doors in series of 48 inches, plus the width of any door swinging into the space; or in the alternative, ensure that the second set of doors in series are fully opened during all voting hours. §§ 4.13.7 & Fig. 26. The request will specify that the remediation be completed by January 1, 2006. The County will simultaneously send a courtesy copy of the request to the Department.

29. Within one month of the effective date of this Agreement, the County will notify the Berean Church that the County is going to participate in a pilot program to make polling places accessible under the ADA in conjunction with the Nebraska Secretary of State and will provide temporary signage to be used to designate accessible parking as required by federal law on election days. The County will simultaneously send a courtesy copy of the notification to the Department.

30. Until all polling places in each precinct or voting district have accessible parking, exterior routes, entrances, and interior routes to the voting area, prior to each election, the County will identify and widely publicize to the public and to disability rights groups the most accessible polling place(s) for each precinct or voting district.

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

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

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

34. Within the month prior to the next election that utilizes the County’s polling places, and at least once annually throughout the term of this Agreement, the County will train poll workers on the rights of people with disabilities and the practical aspects of assuring those rights. The training will cover, at minimum, the need to maintain the physical accessibility of polling locations; how to assist people, as necessary; and how to operate the voting equipment (particularly new, accessible equipment).

SIDEWALKS

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

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

PHYSICAL CHANGES TO FACILITIES

37. The elements or features of the County’s facilities that do not comply with the Standards, including those listed in this section, prevent persons with disabilities from fully and equally enjoying the County’s services, programs, or activities and constitute discrimination on the basis of disability within the meaning of 42 U.S.C. § 12132 and 28 C.F.R. §§ 35.149 and 35.150.

38. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement.

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

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

The County shall complete the following alterations to the Noxious Weed Building at 1621 East 10th Street, within two years of the effective date of this Agreement.

40. PARKING

a. There is no designated accessible parking. Provide signage and markings to designate accessible parking, including a sign designating at least one space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Provide access aisles, at least 60 inches wide for cars and 96 inches wide for vans, adjacent to the accessible spaces. §§ 4.1.2(5)(b), 4.6.3, 4.3 & Fig. 9, 4.6.4.

41. ENTRANCE

a. There is a step up to the main entrance making it inaccessible to persons using a wheelchair. Provide a ramp that has a slope no greater than 1:12 or provide stairs and a wheelchair lift that provides accessible clear floor or ground space for wheelchairs, a ground or floor surface that is stable, firm, and slip-resistant, and has accessible controls and operating mechanisms. §§ 4.1.2(1), 4.3.8, 4.5.2, 4.8, 4.11.

b. The door hardware at the main entrance is pinch type hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are accessible designs. §§ 4.1.3(7)(b), 4.13.9.

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

The County shall complete the following alterations to the Courthouse at 312 North Dewey Street, within one year of the effective date of this Agreement.

42. UNISEX TOILET ROOM

a. The accessible toilet room is on the first floor. Provide directional signage in a prominent location at each floor, using the International Symbol of Accessibility, to direct persons with disabilities to the accessible first floor toilet room. §§ 4.1.3(16)(a), 4.1.6(1)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.4, 4.30.5, 4.30.6.

43. FIRST FLOOR

a. The elevator control panel is inaccessible because it does not contain Braille control indicators. Provide the required Brailled designations for control buttons. §§ 4.1.6(1)(b), 4.1.3(5), 4.10.12(2), 4.30.

Program Access in Existing Facilities: 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, are readily accessible to and usable by persons with mobility impairments, the County will take the following actions:

44. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the 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 County shall complete the following alterations to the Courthouse at 312 North Dewey Street, within one year of the effective date of this Agreement.

45. TREASURER OFFICE

a. The service counter is 41 1/2 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or provide access to services transacted at this counter through alternate means (e.g., by offering these services at an accessible location for individuals who use wheelchairs). § 7.2.

1. If providing equivalent facilitation, then: (a) no later than thirty (30) days after the effective date of this Agreement, notify appropriate staff in writing of the County’s policy regarding service to individuals with disabilities and (b) clearly and directly explain the County’s procedures with regard to accessibility issues.

46. COUNTY CLERK’S OFFICE

a. The service counter height is inaccessible. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or provide access to services transacted at this counter through alternate means (e.g., by offering these services at an accessible location for individuals who use wheelchairs). § 7.2.

1. If providing equivalent facilitation, then: (a) no later than thirty (30) days after the effective date of this Agreement, notify appropriate staff in writing of the County’s policy regarding service to individuals with disabilities and (b) clearly and directly explain the County’s procedures with regard to accessibility issues.

47. FINE OFFICE

a. The service counter is 42 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or provide access to services transacted at this counter through alternate means (e.g., by offering these services at an accessible location for individuals who use wheelchairs). § 7.2.

1. If providing equivalent facilitation, then: (a) no later than thirty (30) days after the effective date of this Agreement, notify appropriate staff in writing of the County’s policy regarding service to individuals with disabilities and (b) clearly and directly explain the County’s procedures with regard to accessibility issues.

48. BAILIFF OFFICE

a. The service counter is 43 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or provide access to services transacted at this counter through alternate means (e.g., by offering these services at an accessible location for individuals who use wheelchairs). § 7.2.

1. If providing equivalent facilitation, then: (a) no later than thirty (30) days after the effective date of this Agreement, notify appropriate staff in writing of the County’s policy regarding service to individuals with disabilities and (b) clearly and directly explain the County’s procedures with regard to accessibility issues.

49. JURY ROOM

a. The door has twist-type hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are accessible designs. §§ 4.13.9.

50. CHILD SUPPORT OFFICE

a. The room sign is not accessible. Provide a sign, with raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

b. The service counter is 48 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or provide access to services transacted at this counter through alternate means (e.g., by offering these services at an accessible location for individuals who use wheelchairs). § 7.2.

1. If providing equivalent facilitation, then: (a) no later than thirty (30) days after the effective date of this Agreement, notify appropriate staff in writing of the County’s policy regarding service to individuals with disabilities and (b) clearly and directly explain the County’s procedures with regard to accessibility issues.

51. PROBATE/CIVIC/SMALL CLAIMS/JUVENILE OFFICE

a. The room sign is not accessible. Provide a sign with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

b. The service counter is 43 inches above the finished floor and a file cabinet is the only writing surface. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or provide access to services transacted at this counter through alternate means (e.g., by offering these services at an accessible location for individuals who use wheelchairs). § 7.2.

1. If providing equivalent facilitation, then: (a) no later than thirty (30) days after the effective date of this Agreement, notify appropriate staff in writing of the County’s policy regarding service to individuals with disabilities and (b) clearly and directly explain the County’s procedures with regard to accessibility issues.

52. FLOOR 3

a. The required drinking fountain configuration is not provided. Provide one drinking fountain with access to the required knee space, floor clearances, and spout and control heights; also provide one drinking fountain which is accessible to those who have difficulty bending or stooping. §§ 4.15, 4.1.3(10)(a).

53. COURT ROOM

a. There are steps to the witness stand making it inaccessible to persons using a wheelchair. Provide a ramp that has a slope no greater than 1:12 or provide stairs and a wheelchair lift that provides accessible clear floor or ground space for wheelchairs, a ground or floor surface that is stable, firm, and slip-resistant, and has accessible controls and operating mechanisms, or provide access to services through alternate means (e.g., by offering these services at an accessible table for individuals who use wheelchairs). §§ 4.33.5, 4.3.8, 4.8, 4.11.

1. If providing equivalent facilitation, then: (a) no later than thirty (30) days after the effective date of this Agreement, notify appropriate staff in writing of the County’s policy regarding service to individuals with disabilities and (b) clearly and directly explain the County’s procedures with regard to accessibility issues.

b. There are steps to jury box making it inaccessible to persons using a wheelchair. Provide a ramp that has a slope no greater than 1:12 or provide stairs and a wheelchair lift that provides accessible clear floor or ground space for wheelchairs, a ground or floor surface that is stable, firm, and slip-resistant, and has accessible controls and operating mechanisms, or provide access to services through alternate means (e.g., by offering these services at an accessible location for individuals who use wheelchairs). §§ 4.33.5, 4.3.8, 4.8, 4.11.

1. If providing equivalent facilitation, then: (a) no later than thirty (30) days after the effective date of this Agreement, notify appropriate staff in writing of the County’s policy regarding service to individuals with disabilities and (b) clearly and directly explain the County’s procedures with regard to accessibility issues.

c. The courtroom has no assistive listening system available. Provide an assistive listening system, with a minimum number of two receivers, and signage indicating the availability of a listening system. §§ 4.30.7(4), 4.33.

54. CLERK’S OFFICE

a. The service counter height is inaccessible. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or provide access to services transacted at this counter through alternate means (e.g., by offering these services at an accessible location for individuals who use wheelchairs). § 7.2.

1. If providing equivalent facilitation, then: (a) no later than thirty (30) days after the effective date of this Agreement, notify appropriate staff in writing of the County’s policy regarding service to individuals with disabilities and (b) clearly and directly explain the County’s procedures with regard to accessibility issues.

The County shall complete the following alterations to the Courthouse Annex at 312 North Dewey Street, within one year of the effective date of this Agreement.

55. ALL OFFICES

a. The office room number signs are not accessible. Provide room number signage at each office with raised characters and Braille on the wall adjacent to the latch side of each office door so that the centerline of each sign is 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

56. UNISEX TOILET ROOM

a. The toilet room sign is not accessible because it is on the door. Provide a sign with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

b. The toilet paper dispenser is 42 inches above the finished floor. Provide a continuous paper flow dispenser that is beneath the side grab bar, does not interfere with its use, and has a paper outlet at least 9 inches above the floor. §§ 4.22.4, 4.17.6, 4.16.6 & Fig. 29(b).

c. The grab bars at the toilet area are inaccessible. Provide a side grab bar so that the end nearest the rear wall begins no more than 12 inches from the wall, it is at least 42 inches long, and the end farthest from the rear wall is located at least 54 inches from the rear wall. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. §§ 4.22.4, 4.16.4 & Fig. 29.

57. COUNTY ATTORNEY’S OFFICE

a. The spherical door hardware configuration does not provide the required access. Provide door hardware with a shape that is easy to grasp with one hand and does not require tight grasping, tight pinching, or twisting of the wrist to operate, or provide access to attorney services through alternate means. § 4.13.9.

1. If providing equivalent facilitation, then: (a) no later than thirty (30) days after the effective date of this Agreement, notify appropriate staff in writing of the County’s policy regarding service to individuals with disabilities and (b) clearly and directly explain the County’s procedures with regard to accessibility issues.

b. The room signage is not accessible because it is mounted above the door. Provide room signage using raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

c. The service counter is 42 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or provide access to services transacted at this counter through alternate means (e.g., by offering these services at an accessible location for individuals who use wheelchairs). § 7.2.

1. If providing equivalent facilitation, then: (a) no later than thirty (30) days after the effective date of this Agreement, notify appropriate staff in writing of the County’s policy regarding service to individuals with disabilities and (b) clearly and directly explain the County’s procedures with regard to accessibility issues.

58. ASSESSOR’S OFFICE

a. The service counter is 42 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or provide access to services transacted at this counter through alternate means (e.g., by offering these services at an accessible location for individuals who use wheelchairs). § 7.2.

1. If providing equivalent facilitation, then: (a) no later than thirty (30) days after the effective date of this Agreement, notify appropriate staff in writing of the County’s policy regarding service to individuals with disabilities and (b) clearly and directly explain the County’s procedures with regard to accessibility issues.

59. DRIVER’S LICENSE AND REGISTRATION

a. There is no counter or table that is accessible to persons with disabilities. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or provide access to services transacted at this counter through alternate means (e.g., by offering these services at an accessible location for individuals who use wheelchairs). § 7.2.

1. If providing equivalent facilitation, then: (a) no later than thirty (30) days after the effective date of this Agreement, notify appropriate staff in writing of the County’s policy regarding service to individuals with disabilities and (b) clearly and directly explain the County’s procedures with regard to accessibility issues.

The County shall complete the following alterations to the Sheriff’s Office at 304 North Jeffers Street, within one year of the effective date of this Agreement.

60. PUBLIC ENTRANCE - SHERIFF’S OFFICE

a. The spherical door hardware configuration does not provide the required access. Provide door hardware with a shape that is easy to grasp with one hand and does not require tight grasping, tight pinching, or twisting of the wrist to operate. § 4.13.9.

b. The service counter is 40 inches above the finished floor. Provide a service counter that is at least 36 inches wide and no more than 36 inches high, or provide access to services transacted at this counter through alternate means (e.g., by offering these services at an accessible location for individuals who use wheelchairs). § 7.2.

1. If providing equivalent facilitation, then: (a) no later than thirty (30) days after the effective date of this Agreement, notify appropriate staff in writing of the County’s policy regarding service to individuals with disabilities and (b) clearly and directly explain the County’s procedures with regard to accessibility issues.

Within three months, the County shall notify the City of North Platte that the County has undergone a review to make its programs accessible under the ADA. The County shall request the City of North Platte to complete the following alterations to the City building located at 211 West 3rd Street, North Platte, Nebraska, because that is where the Lincoln County Planning Administrator is located. If the City of North Platte fails to complete the following alterations the County shall present an alternative plan within one year plus thirty (30) days from the effective date of this Agreement.

61. UNISEX TOILET ROOM

a. There is no directional signage to the accessible toilet room. Provide directional signage in a prominent location at the Zoning and Planning office, using the International Symbol of Accessibility, to direct persons with disabilities to the accessible unisex toilet room. §§ 4.30.1, 4.30.2, 4.30.3, 4.30.5.

b. The toilet room sign is not accessible because it is on the door. The County will request in writing that the City of North Platte provide a sign with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

c. Access to the mirror is obstructed due to its mounting height. The County will request in writing that the City of North Platte provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. § 4.19.6.

d. Access to the required lavatory clear floor space is obstructed by a trash receptacle. The County will request in writing that the City of North Platte provide and maintain a minimum clear floor space of 30 inches by 48 inches in front of the lavatory, extending a maximum of 19 inches underneath the lavatory. §§ 4.1.3(11), 4.2.4, 4.22.6, 4.19.3, Fig. 32, and 28 C.F.R. § 36.211.

PROGRAM MODIFICATIONS

The County shall complete the following program modifications at the Safety Building at 715 South Jeffers Street, within one year of the effective date of this Agreement.

62. 2nd FLOOR OFFICE

a. The 2nd floor office is inaccessible to a person using a wheelchair for mobility. Within three months of the effective date of this Agreement, the County will implement and report to the Department its written plan regarding how the services in the office will be made accessible to persons with disabilities.

The County shall complete the following program modifications at the Public Defenders Office at 1020 South Dewey Street, within one year of the effective date of this Agreement.

63. PARKING

a. There are 15 total parking spaces. There is no designated accessible parking. Provide signage and markings to designate at least one accessible parking space, including a sign designating at least one space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Provide access aisles, at least 60 inches wide for cars and 96 inches wide for vans, adjacent to the accessible spaces, or within three months of the effective date of this Agreement, implement and report to the Department a written plan regarding how the services will be made accessible to persons with disabilities. §§ 4.6.3 & Fig. 9, 4.6.4.

b. There is no accessible route from the parking lot to the main entrance. Provide an accessible route from the accessible parking spaces to the main entrance that is stable, firm, and slip resistant and that is consistently at least 36 inches wide, or within three months of the effective date of this Agreement, implement and report to the Department a written plan regarding how the services will be made accessible to persons with disabilities. §§ 4.3, 4.5.

64. ENTRANCE

a. The accessible entrance is locked. Provide an unlocked accessible entrance at all times during building operations, or, within 6 months of the effective date of this Agreement, provide a signal device in a prominent location for individuals who are hearing, sight, or speech impaired, as an alternate means for requesting entry, and an audible and visual signal to alert such individuals that an official is responding, or within three months of the effective date of this Agreement, implement and report to the Department a written plan regarding how the services will be made accessible to persons with disabilities. See Standards § 4.3.11.4. The County shall also provide informational signage adjacent to the signal so that the centerline of the sign is 60 inches above the finished floor and there are no obtruding objects to within 3 inches of the sign, or within three months of the effective date of this Agreement, implement and report to the Department a written plan regarding how the services will be made accessible to persons with disabilities. §§ 4.30.1, 4.30.2, 4.30.3, 4.30.5.

b. There is a step at the public entrance making it inaccessible to persons using a wheelchair. Provide a ramp that has a slope no greater than 1:12; or stairs and a wheelchair lift that provides accessible clear floor or ground space for wheelchairs, a ground or floor surface that is stable, firm, and slip-resistant, and has accessible controls and operating mechanisms; or within three months of the effective date of this Agreement, implement and report to the Department a written plan regarding how the services will be made accessible to persons with disabilities. §§ 4.3.8, 4.8, 4.11.

65. CONFERENCE ROOM

a. The toilet room is inaccessible. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if 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, controls and dispensers comply with the Standards, or within three months of the effective date of this Agreement, implement and report to the Department a written plan regarding how the services will be made accessible to persons with disabilities. §§ 4.17.3, Fig. 30(a), 4.22.4, 4.26, 4.27.

b. The spherical door hardware configuration does not provide the required access. Provide door hardware that is easy to grasp with one hand and does not require tight grasping, tight pinching, or twisting of the wrist to operate, or within three months of the effective date of this Agreement, implement and report to the Department a written plan regarding how the services will be made accessible to persons with disabilities. § 4.13.9.

The County shall complete the following program modifications at the Convention and Visitors Bureau at 219 South Dewey Street, within one year of the effective date of this Agreement.

66. PARKING

a. There is no designated accessible parking. Provide signage and markings to designate accessible parking, including a sign designating at least one space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space, and provide access aisles, at least 60 inches wide for cars and 96 inches wide for vans, adjacent to the accessible spaces, or within three months of the effective date of this Agreement, implement and report to the Department a written plan regarding how the services will be made accessible to persons with disabilities. §§ 4.6.3 & Fig. 9, 4.6.4.

67. ENTRANCE

a. There is no accessible entrance because of three steps and a high threshold. Provide a ramp that has a slope no greater than 1:12; or provide stairs and a wheelchair lift that provides accessible clear floor or ground space for wheelchairs, a ground or floor surface that is stable, firm, and slip-resistant, and has accessible controls and operating mechanisms; or within three months of the effective date of this Agreement, implement and report to the Department a written plan regarding how the services will be made accessible to persons with disabilities. §§ 4.3.8, 4.8, 4.11.

68. OFFICES

a. The door width is 29 _ inches. Provide a door with a minimum clear opening of 32 inches measured from the face of the door to the opposite door stop with the door open 90 degrees, and so that the force required to open the door is not more than 5 pounds, and provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate; or within three months of the effective date of this Agreement, implement and report to the Department a written plan regarding how the services will be made accessible to persons with disabilities. §§ 4.13.5, 4.13.11(2)(b), 4.13.9.

MISCELLANEOUS PROVISIONS

69. Except as otherwise specified in this Agreement, at three, six, nine, and 12 months after the effective date of this Agreement, and annually thereafter until the termination or expiration of the Agreement, the County will submit written reports to the Department summarizing the actions the County has taken pursuant to this Agreement. Reports may include:

a. detailed photographs showing measurements,
b. architectural plans,
c. work orders,
d. notices published in the newspapers,
e. copies of adopted policies, and
f. proof of efforts to secure funding/assistance for structural renovations or equipment.

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

71. Within 120 days of the effective date of this Agreement, the County will develop or procure a two-hour training program on the requirements of the ADA and appropriate procedures for 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.

72. Within one year of the effective date of this Agreement, the County will deliver its training program to all County employees who have direct contact with members of the public and meet one of the following specifications: a department head appointed by the Lincoln County Board of Commissioners or an employee working under such department head. Further, all other County employees (who have direct contact with members of the public) and elected officials will be requested to attend the aforementioned training program. At the end of the one year period, the County shall submit a copy of its training curriculum and materials to the Department, along with a list of employees trained and the name, title, and address of the trainer.

IMPLEMENTATION AND ENFORCEMENT

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

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

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

76. 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.

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

78. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement (including its Attachments), 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 and section 504 of the Rehabilitation Act.

79. This Agreement will remain in effect for four 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.

80. The person signing for the County represents that he or she is authorized to bind the County to this Agreement.

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

For the City:

For the United States:

By: ____________________________ JOSEPH R. HEWGLEY, Chairman of the County Board of Commissioners Date:_____12/22/03______________

R. ALEXANDER ACOSTA Assistant Attorney General Civil Rights Division By:_____________________________ JOHN L. WODATCH, Chief MARY LOU MOBLEY, Acting Deputy Chief ELIZABETH BACON, Supervisory Attorney SUSAN G. QUINN, Investigator SHANA WEINER, Investigative Assistant MICHELE ANTONIO MALLOZZI, Architect U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. Disability Rights Section - NYA Washington, DC 20530 Date:______2/27/04________________