SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

MADISON COUNTY, MISSISSIPPI

DJ 204-41-107

BACKGROUND

SCOPE OF THE INVESTIGATION

The United States Department of Justice (Department) initiated this matter as a compliance review of Madison County, Mississippi (County) 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 County receives financial assistance from the Department of Justice, the review was also conducted under the authority of section 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 of the Department’s Civil Rights Division and focused on the County compliance with the following title II requirements:

• to conduct a self-evaluation of its services, policies, and practices by July 26, 1992, and make modifications necessary to comply with the Department’s title II 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:

The Circuit Court
The Madison County Nursing Home
Sheriff’s Department “D Pod”
Sheriff’s Department - Administrative Offices
Flora Public Library
1855 Courthouse
The Health Department
Department of Human Services (Economic Assistance Section)
The Madison Cultural Center
Kearney Park Fire Station

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

Courthouse Annex - Office of the Tax Collector
Courthouse Annex - Office of Tax Assessor
Courthouse Annex - Emergency Management
County Offices and Chancery Building
Justice Court Building
The Sheriff’s Department and Detention Center
The Department of Human Services (Child Support/Family and Child Services)
The Mental Health Building
Madison South Annex
The Road Department
Rogers Park
The Youth Services Building and The Parole Building

The County represents that, with the exception of the polling places identified in the paragraph below, it does not conduct programs in facilities owned, operated, or under the control of another entity.

The Department conducted a program access review of the following polling places:

Mt. Hope Baptist Church
Lake Lorman
Highland Colony Baptist Church
Victory Baptist Church
First Presbyterian Church
Sunchase Apartments
Ratcliffe Ferry
Canton Community Center

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, emergency management and disaster prevention, and sidewalk maintenance to evaluate whether persons with disabilities have an equal opportunity to utilize these programs.

Finally, the Department reviewed the County’s Sheriff’s Department’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 Madison County, Mississippi.

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 MADISON COUNTY

7. The County has a designated Brad Sellers (Sellers) as its ADA Coordinator.

8. The Madison County Circuit Court, a newly constructed facility, has many features of accessible design and requires few minor modifications.

9. The Madison County Nursing home has made this facility more accessible and safe for its residents by providing a ramp into the swimming pool and wiring heavy fire doors to the fire alarm system so that they close automatically in the event of a fire, but otherwise remain open for easy access by residents.

10. The County has compliant accessible parking spaces in the parking lot in the new Administrative Offices of the Sheriff’s Department.

REMEDIAL ACTION

NOTIFICATION

11. 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.

12. 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.

ADA COORDINATOR

13. The County appointed Sellers as its ADA Coordinator. As ADA Coordinator for the County, Sellers will coordinate the County’s effort to comply with and carry out its responsibilities under the ADA, including any investigation of complaints communicated to it alleging its noncompliance with title II or alleging any actions that would be prohibited under title II. The County will make available to all interested individuals the name, office address, and telephone number of Sellers.

GRIEVANCE PROCEDURE

14. 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

15. 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.).

16. The County will publicize its central TTY telephone number on the same basis as its voice number, through its inclusion on County letterhead that is ordered, publications that appear, and the first reprinting of the local telephone book that takes place after the effective date of this Agreement. Such publication will include an explanation that the TTY number functions as a TTY number for all County offices and will be reiterated in subsequent publications and local telephone book editions for the life of this Agreement.

17. Within two months of the effective date of this Agreement, the County will implement and report to the Department its written procedures to ensure that TTY calls are returned by the appropriate County official by TTY on the same day as the call is received. If the caller’s questions or concerns cannot be handled promptly, the procedures will require a County employee to communicate with the caller on the same day in order to establish a time frame for the call-back.

18. The County will take steps to ensure that all appropriate employees are trained and practiced in using a TTY and the Mississippi 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.

9-1-1

19. Within three months of the effective date of this Agreement, the County will ensure that each 9-1-1 call station is equipped with a TTY or computer equivalent.

20. Within three months of the effective date of this Agreement, the County will develop procedures for answering 9-1-1 calls that include training all call takers to use a TTY to take 9-1-1 calls, to recognize a “silent” open line as a potential TTY call and respond by TTY, and to ensure that TTY calls are answered as quickly as other calls received.

21. The County will monitor its incoming 9-1-1 TTY calls to ensure they are answered as quickly and accurately as other calls received.

22. The County will incorporate correct TTY call-taking procedures into 9-1-1 call takers’ performance evaluations and will amend its personnel policies to include written disciplinary procedures for call takers who fail to perform TTY call-taking consistent with the training and procedures. The County will implement and report to the Department its evaluation and procedures within three months of the effective date of this Agreement.

LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION

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

24. 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).

25. Within one month of the effective date of this Agreement, the County will ensure that each sheriff station or substation and each detention facility is equipped with a working TTY (text telephone) to enable persons who are deaf, hard of hearing, or who have speech impairments to make outgoing telephone calls.

EMPLOYMENT

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

• will not discriminate on the basis of disability in its hiring or employment practices.
  
  
• 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.
  
  
• will make reasonable accommodations for the known physical or mental limitations of a qualified applicant or employee with a disability upon request unless the accommodation would cause an undue hardship on the operation of the County’s business.
  
  
• will maintain any employee’s medical records separate from personnel files and keep them confidential.
  
  
• will make an individualized assessment of whether a qualified individual with a disability meets selection criteria for employment decisions. To the extent the County’s selection criteria have the effect of disqualifying an individual because of disability, those criteria will be job-related and consistent with business necessity.

VOTING

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

28. 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.

29. A list of the barrier removals for each and every polling place used by the County, but owned and operated by other entities, is contained in Attachment E. Attachment E is incorporated by reference as if fully set forth herein.

30. Within 14 months of the effective date of this Agreement, the County will survey all facilities mentioned in Attachment E to determine whether the actions requested by the County have been implemented. If not, for each polling place that still contains inaccessible parking, exterior route, entrance, or interior route to the voting area, the County will identify within 18 months of the effective date of this Agreement an alternate location where these elements are accessible. That identification will utilize the survey instrument that appears as Attachment F to this Agreement. The County will then take immediate steps to change its polling place to the new location.

31. 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.

32. Within three months of the effective date of this Agreement, the County will provide opportunities for same-day balloting for voters with disabilities whose assigned polling place does not have accessible parking, exterior route, entrance, and interior route to the voting area. The method for providing these opportunities may include allowing the individual to vote at another nearby location that is accessible, vote by an absentee ballot that is accepted if postmarked on the day of the election (or picked up by election officials at the home of the voter on the same day as the election), provide curbside voting at the inaccessible polling place, or any other method that ensures that disabled voters have the same degree of information available to them when casting their ballots as others.

33. Within one year 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.

34. Within three months of the effective date of this Agreement, the County will survey its voter registration locations for accessibility to persons with disabilities by using the form provided at Attachment F and will report the results of this survey to the Department. If barriers to access are identified, the County will implement and report the Department its plan to provide program access, which may include allowing persons to register to vote through alternative means or at alternative locations.

35. Within three months of the effective date of this Agreement, the County will make all voter registration materials available in alternate formats, including Braille, large print, and audio tape.

36. 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).

37. 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 F.

38. Within the month prior to the next election that utilizes the County 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).

EMERGENCY MANAGEMENT PROCEDURES AND POLICIES

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

40. Within 3 months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that it regularly solicits and incorporates input from persons with a variety of disabilities and disability advocates regarding all phases of its emergency management plan.

41. Within 3 months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that its community evacuation plans enable those who have mobility impairments, vision impairments, hearing impairments, cognitive disabilities, mental illness, or other disabilities to safely self-evacuate or be evacuated by others. Some communities are instituting voluntary, confidential registries of persons with disabilities who may need individualized evacuation assistance or notification. If the County adopts or maintains such a registry, its report to the Department will discuss its procedures for ensuring voluntariness, appropriate confidentiality controls, and how the registry will be kept updated, as well as its outreach plan to inform persons with disabilities of its availability. Whether or not a registry is used, the County plan should address accessible transportation needs for persons with disabilities.

42. Within 3 months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that if its emergency warning systems use sirens or other audible alerts, it will also provide ways to inform persons with hearing impairments of an impending disaster. The use of auto-dialed TTY messages to pre-registered individuals who are deaf or hard of hearing, text messaging, e-mails, open-captioning on local TV stations and other innovative uses of technology may be incorporated into such procedures, as well as lower-tech options such as dispatching qualified sign language interpreters to assist with emergency TV broadcasts.

43. Within 3 months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that at least one emergency shelter has a back-up generator and a way to keep medications refrigerated (such as a refrigerator or a cooler with ice). Such shelter(s) will be made available to persons whose disabilities require access to electricity and refrigeration, for example, for using life-sustaining medical devices, providing power to motorized wheelchairs, and preserving certain medications, such as insulin, that require refrigeration. The written procedures will include a plan for notifying persons of the location of such shelter(s).

44. Within 3 months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that persons who use service animals are not separated from their service animals when sheltering during an emergency, even if pets are normally prohibited in shelters. The procedures will not unnecessarily segregate persons who use service animals from others but may take into account the potential presence of persons with disabilities who should not be in contact with certain types of animals, such as those with asthma, severe allergies, or certain phobic reactions.

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

46. Within 3 months of the effective date of this Agreement and until all emergency shelters have accessible parking, exterior routes, entrances, interior routes to the shelter area, and toilet rooms serving the shelter area, the County will identify and widely publicize to the public and to disability rights groups the most accessible emergency shelters.

47. Within 3 months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that it has identified temporary accessible housing (such as accessible hotel rooms within the community or in nearby communities) that could be used if people with disabilities cannot immediately return home after a disaster if, for instance, necessary accessible features such as ramps or electrical systems have been compromised. If the County does not provide temporary housing for non-disabled residents, it does not have to provide temporary housing for persons with disabilities, but its plan should recognize that persons with disabilities may need assistance identifying accessible temporary housing. If the County does provide temporary emergency housing, its plan should take into account that persons with disabilities may need temporary housing for longer periods than others if necessary accessible features of their homes have been compromised.

48. Within 3 months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that during clean-up operations, such as the removal of debris after a hurricane or tornado, people with disabilities know how to inform the government of areas of significant concern (for instance, city workers piling debris on sidewalks, blocking access for persons who use wheelchairs).

SIDEWALKS

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

50. Within three months of the effective date of this Agreement, the County will identify and report to the Department all streets, roads, and highways that have been constructed or altered since January 26, 1992. Paving, repaving, or resurfacing a street, road, or highway is considered an alteration for the purposes of this Agreement. Within three years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at all intersections of the streets, roads, and highways identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway.

51. 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.

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

53. 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

54. 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.

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

56. 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 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:

57. A list of the barrier removals for each and every newly constructed facility is contained in Attachment G which is incorporated by reference as if fully set forth herein.

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:

58. A list of the barrier removals for each and every newly altered facility is contained in Attachment H which is incorporated by reference as if fully set forth herein.

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:

59. 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.

60. A list of the barrier removals for each and every existing facility is contained in Attachment I and is incorporated by reference as if fully set forth herein.

PROGRAM MODIFICATIONS

61. The programs, services and activities provided in the following facilities are inaccessible to persons with disabilities: (1) all programs, services and activities provided in the Justice Court; and (2) all programs, services and activities provided in the Tax Assessor’s Office. “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 program, activity, or service will be made accessible to persons with disabilities.

MISCELLANEOUS PROVISIONS

62. 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 will include detailed photographs showing measurements, architectural plans, work orders, notices published in the newspaper, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations or equipment.

63. 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).

64. 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.

65. 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. At the end of that 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

66. 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.

67. 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.

68. 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.

69. 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.

70. 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.

71. 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.

72. 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.

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

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

For Madison County:

For the United States:

By:__________________________ Brad Sellers Date       7/18/03

J. MICHAEL WIGGINS Acting Assistant Attorney General Civil Rights Division By:__________________________ JOHN L. WODATCH, Chief MARY LOU MOBLEY, Acting Deputy Chief JOSHUA MENDELSOHN, Supervisory Attorney PAULA N. RUBIN, Investigator MICHELE ANTONIO MALLOZZI, Architect U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, NW Disability Rights Section-NYA Washington, DC 20530 Date       7/25/03

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Attachment A to Settlement Agreement between the United States of America and Madison County, Mississippi in DJ# 204-41-107

NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT

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

Employment: The County does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the Americans with Disabilities Act (ADA).

Effective Communication: The County will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the County’s programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.

Modifications to Policies and Procedures: The County will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all County programs, services, and activities. For example, individuals with service animals are welcomed in County offices, even where pets are generally prohibited.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a County program, service, or activity, should contact the office of Brad Sellers, Chancery Court Building, P.O. Box 608, Canton, MS 39046, bws@madison-co.com, 601-855-5501, as soon as possible but no later than 48 hours before the scheduled event.

The ADA does not require the County to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.

Complaints that a County program, service, or activity is not accessible to persons with disabilities should be directed to the office of Brad Sellers, Chancery Court Building, P.O. Box 608, Canton, MS 39046, bws@madison-co.com, 601-855-5501.

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.  (Back to Agreement)

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Attachment B to Settlement Agreement between the United States of America and Madison County, Mississippi in DJ# 204-41-107

Madison County, Mississippi

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 Madison County (the County). The County 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:

Brad Sellers
Chancery Court Building
P.O. Box 608, Canton, MS 39046
bws@madison-co.com
601-855-5501

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

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

Within 15 calendar days after receipt of the appeal, the President of the Madison County Board of Supervisors, or his designee, will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the President of the Madison County Board of Supervisors, 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 Brad Sellers, or his designee, appeals to the President of the Madison County Board of Supervisors, or his designee, and responses from these two offices will be retained by the County for at least three years.  (Back to Agreement)

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Attachment C to Settlement Agreement between the United States of America and Madison County, Mississippi in DJ# 204-41-107

MADISON COUNTY, MISSISSIPPI SHERIFF’S OFFICE

POLICY STATEMENT REGARDING EFFECTIVE COMMUNICATION

OVERVIEW

It is the policy of this law enforcement agency (Agency) to ensure that a consistently high level of service is provided to all community members, including those who are deaf or hard of hearing. This Agency has specific legal obligations under the Americans with Disabilities Act and the Rehabilitation Act. To carry out these policies and legal obligations, the Agency instructs its officers and employees as follows:

• People who are deaf or hard of hearing are entitled to a level of service equivalent to that provided hearing persons.
  
  
• The Agency will make every effort to ensure that its officers and employees communicate effectively with people who are deaf or hard of hearing.
  
  
• Effective communication with a person who is deaf or hard of hearing involved in an incident -- whether as a victim, witness, suspect, or arrestee -- is essential in ascertaining what actually occurred, the urgency of the matter, and type of situation.
  
  
• Various types of communication aids – known as “auxiliary aids and services” – are used to communicate with people who are deaf or hard of hearing. These include use of gestures or visual aids to supplement oral communication; an exchange of written notes; use of a computer or typewriter; use of assistive listening devices (to amplify sound for persons who are hard of hearing); or use of qualified oral or sign language interpreters.
  
  
• The type of aid that will be required for effective communication will depend on the individual’s usual method of communication, and the nature, importance, and duration of the communication at issue.
  
  
• In many circumstances, oral communication supplemented by gestures and visual aids, an exchange of written notes, use of a computer or typewriter, or use of an assistive listening device may be effective. In other circumstances, qualified sign language or oral interpreters are needed to communicate effectively with persons who are deaf or hard of hearing. The more lengthy, complex, and important the communication, the more likely it is that a qualified interpreter will be required for effective communication with a person whose primary means of communication is sign language or speech reading. For example:

– If there has been an incident and the officer is conducting witness interviews, a qualified sign language interpreter may be required to communicate effectively with someone whose primary means of communication is sign language.

– If a person is asking an officer for directions to a location, gestures and an exchange of written notes will likely be sufficient to communicate effectively.

• To serve each individual effectively, primary consideration should be given to the communication aid or service that works best for that person. Officers must ask persons who are deaf or hard of hearing what type of auxiliary aid or service they need. Officers must defer to those expressed choices, unless there is another equally effective way of communicating, given the circumstances, length, complexity, and importance of the communication, as well as the communication skills of the person who is deaf or hard of hearing.
  
  
• The Agency is not required to provide a particular auxiliary aid or service if doing so would fundamentally alter the nature of the law enforcement activity in question, or if it would cause an undue administrative or financial burden. Only the Agency head or his or her designee may make this determination. For example:

– If the Agency has limited financial resources and providing a particular auxiliary aid would cost a large sum of money, the Agency head may determine that it would be an undue financial burden (note: the Agency’s budget as a whole must be considered). In this situation, the most effective means of communication that does not involve an undue burden must be used.

• The input of people who are deaf or hard of hearing who are involved in incidents is just as important to the law enforcement process as the input of others. Officers must not draw conclusions about incidents unless they fully understand -- and are understood by -- all those involved, including persons who are deaf or hard of hearing.
  
  
• People who are deaf or hard of hearing must never be charged for the cost of an auxiliary aid or service needed for effective communication.

ON-CALL INTERPRETIVE SERVICES

• The Agency will maintain a list of sign language and oral interpreting services that are available (on-call 24 hours per day) and willing to provide qualified interpreters as needed. Each of these services will be chosen after having been screened for the quality and skill of its interpreters, its reliability, and other factors such as cost. The Agency will update this list annually.
  
  
• A qualified sign language or oral interpreter is one who is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Accordingly, an interpreter must be able to sign to the deaf individual (or interpret orally to the person who does not use sign language) what is being said by the hearing person and to voice to the hearing person what is being signed or said by the deaf individual. The interpreter must be able to interpret in the language the deaf person uses (e.g., American Sign Language or Signed English) and must be familiar with law enforcement terms and phrases. Because a qualified interpreter must be able to interpret impartially, a family member, child, or friend of the individual who is deaf may not be qualified to render the necessary interpretation because of factors such as professional, emotional, or personal involvement, or considerations of confidentiality. Additionally, although a “qualified” interpreter may be certified, a certified interpreter is not necessarily “qualified,” if he or she is not a good communications match for the deaf person (e.g., where the deaf person uses Signed English and the interpreter uses American Sign Language) or the situation (e.g., where the interpreter is unfamiliar with law enforcement vocabulary). Certification is not required in order for an interpreter to be “qualified.”

TTY AND RELAY SERVICES

• In situations when a nondisabled person would have access to a telephone, officers must provide persons who are deaf or hard of hearing the opportunity to place calls using a text telephone (TTY, also known as a telecommunications device for deaf people, or TDD). Officers must also accept telephone calls placed by persons who are deaf or hard of hearing through the Telecommunications Relay Service.

TECHNIQUES FOR OFFICERS TO COMMUNICATE EFFECTIVELY

• Officers must review and have a working knowledge of Guide for Law Enforcement Officers When In Contact With People Who Are Deaf or Hard of Hearing. This document reviews how officers should communicate effectively in the types of situations officers will encounter. These situations include:

– Issuing a noncriminal or motor vehicle citation.
– Communicating with a person who initiates contact with an officer.
– Interviewing a victim or critical witness to an incident.
– Questioning a person who is a suspect in a crime.
– Making an arrest or taking a person into custody.
– Issuing Miranda Warnings to a person under arrest or in custody.
– Interrogating a person under arrest or in custody.

PROCEDURES FOR OBTAINING AUXILIARY AIDS AND SERVICES

• Officers must utilize the following auxiliary aids, when available, to communicate effectively:

– Use of gestures
– Use of visual aids
– Exchange of written notes
– Use of computers or typewriters
– Use of assistive listening devices
– Use of teletypewriters (TTY’s)
– Use of qualified oral or sign language interpreters

  (Back to Agreement)

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Attachment D to Settlement Agreement between the United States of America and Madison County, Mississippi in DJ# 204-41-107

GUIDE FOR LAW ENFORCEMENT OFFICERS

When In Contact With People Who Are Deaf or Hard of Hearing

As a law enforcement officer, you can expect to come into contact with people who are deaf or hard of hearing.

Title II of the Americans with Disabilities Act (ADA) of 1990 prohibits State and local government from discriminating against an individual with a disability. Municipal and State police and county sheriff departments are bound by this Federal law. Your office has adopted a more detailed policy regarding law enforcement officers’ communication with people who are deaf of hard of hearing. You should become familiar with this policy.

What does title II require of you when interacting with persons who are deaf or hard of hearing? Among other things, your communication with such an individual must be as effective as your communication with hearing people.

How do you communicate? Provide aids or services as necessary to ensure that the deaf or hard of hearing individual understands what you are saying and that you understand him or her. These can include:

– use of qualified sign language or oral interpreters

– for people who are hard of hearing, speaking loudly and clearly, and use of assistive listening devices (to amplify sound)

– use of gestures or visual aids to supplement oral communication

– an exchange of written notes

– or use of a computer or typewriter.

What method of communication should you use? The law requires you to give primary consideration to the individual’s preference. Ask how the person wishes to communicate.

For example, some people who are deaf do not use sign language and may need to use a different aid or rely on lipreading. In one-on-one communication with an individual who lip reads, an officer should face the individual directly, and should ensure that the communication takes place in a well-lighted area.

Honor the individual’s choice unless it would significantly interfere with your law enforcement responsibilities or you are confident that other means of communicating, that may be easier to provide, are just as effective. Remember that deaf or hard of hearing persons must be able to understand you as well as those who do not have hearing impairments.

DO NOT ask a family member or friend to interpret for a deaf individual unless it is urgent to communicate immediately and that is the only option. If the deaf person requests that arrangement and the other person agrees, however, you can proceed.

How do you know when you are communicating clearly to an individual who is deaf or hard of hearing? Ask the person to summarize what you are saying. Test his or her understanding.

If the person uses sign language, what kinds of communication require an interpreter? Consider the length, importance, and complexity of the communication, as well as the context.

– In a simple encounter, such as checking a driver’s license or giving directions, a notepad and pencil or perhaps gestures will normally be sufficient.

– During interrogations and arrests, a sign language interpreter will often be necessary.

– If the legality of a conversation will be questioned in court, such as where Miranda warnings are issued, a sign language interpreter may be necessary. You should be careful about
misunderstandings in the absence of a qualified interpreter. A nod of the head may be an attempt to appear cooperative in the midst of misunderstanding, rather than consent or a confession of wrongdoing.

– In general, if an individual who does not have a hearing disability would be subject to police action without interrogation, then an interpreter will not be required, unless one is necessary to explain the action being taken.

Example: An officer clocks a car on the highway driving 15 miles above the speed limit. The driver, who is deaf, is pulled over and issued a noncriminal citation. The individual is able to understand the reasons for the citation, because the officer exchanges notes and points to information on the citation. A sign language interpreter is not needed.

Example: An officer responds to an aggravated battery call and upon arriving at the scene observes a bleeding victim and an individual holding a weapon. Eyewitnesses observed the individual strike the victim. The individual with the weapon is deaf, but the officer has probable cause to make a felony arrest without an interrogation. An interpreter is not necessary to carry out the arrest.

Example: An officer responds to the scene of a domestic disturbance. The husband says the wife has been beating their children and he has been trying to restrain her. The wife, who is deaf, requests an interpreter. The officer begins by exchanging notes but the woman’s responses indicate a lack of comprehension and poor grammar. An interpreter is necessary to carry out any arrest. In this situation, it would be inappropriate to use a family member to assist with communication, even if it is offered.

Do you have to take a sign language interpreter to a call about a violent crime in progress or a similar urgent situation involving a person who is deaf? No. An officer's immediate priority is to stabilize the situation. If the person being arrested is deaf, the officer can make an arrest and call for an interpreter to be available later at the booking station.

Contact numbers for your local sign language interpreters:

_____________________________________________________

_____________________________________________________

_____________________________________________________

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Attachment E to Settlement Agreement between the United States of America and Madison County, Mississippi in DJ# 204-41-107

A. The Voting Booth

1. The Voting Booth has the following noncompliant elements: the counter is 42 inches above the finished floor; and the booth is 26.5 inches wide.

2. Within 3 months of the effective date of this Agreement, the County agrees to provide a table with knee space of at least 27 inches high, 30 inches wide and 19 inches deep with the top of the table from 28 to 34 inches above the finished floor with a privacy screen at each designated accessible polling location. See §§4.323, 4.324.

B. Mt. Hope Baptist Church

1. The following noncompliant elements were found at this polling place: there are more than 25 spaces but only one designated accessible parking space; no access aisle; and no van accessible space, there is a second parking lot which has no accessible route into the building, and no signage directing people with disabilities to the parking lot with accessible spaces; there is a 1.5 inch abrupt change in level at the beginning of the ramp; there is a 2 inch lip at the threshold of the door to the building; and the entrance door has twist style hardware.

2. Within one month of the effective date of this Agreement, the County will request, in writing, that the Mt. Hope Baptist Church provide the requisite number of designated accessible parking spaces, including at least one van-accessible space, signage, and spaces and access aisles that comply with the Standards, §§ 4.1.2(5), 4.6; provide a ramp that complies with the Standards, §§ 4.1.2(2), 4.3.7, 4.3.8, 4.5.2, 4.8; provide a threshold where the change is no greater than 1/2 inch and beveled with a slope no greater than 1:2, or provide a ramp with a slope no greater than 1:12 that has a level landing in front of the doorway as required to provide maneuvering clearances at the door, §§ 4.1.3(7)(a), 4.1.3(7), 4.13.8, 4.5.2, 4.8, Fig. 25, 4.13.6; 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. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are accessible designs. §§ 4.1.3(7)(b), 4.13.9. The request will specify that the remediation be completed within one year of the effective date of this Agreement. The County will simultaneously send a courtesy copy to the Department.

C. Lake Lorman

1. The following noncompliant elements were found at this polling place: there is no designated accessible parking space provided; there are no accessible handrails provided at the ramp; there is a 2 inch lip to enter the access ramp; and there is a 1 inch lip at the threshold of the door to the building.
2. Within one month of the effective date of this Agreement, the County will request, in writing, that the Lake Lorman polling location provide the requisite number of designated accessible parking spaces, including at least one van-accessible space, signage, and spaces and access aisles that comply with the Standards, §§ 4.1.2(5), 4.6; provide continuous handrails on both sides of the ramp (if handrails are not continuous, they shall extend at least 12 inches beyond the the top and bottom of the ramp segment and shall be parallel with the floor or ground surface), §§ 4.1.6(1)(b), 4.1.3(1), 4.3.7, 4.8.5, provide a ramp that complies with the Standards, §§ 4.1.2(2), 4.3.7, 4.3.8, 4.5.2, 4.8 and provide a threshold where the change is no greater than 1/2 inch and beveled with a slope no greater than 1:2, or provide a ramp with a slope no greater than 1:12 that has a level landing in front of the doorway as required to provide maneuvering clearances at the door. §§ 4.1.3(7)(a), 4.1.3(7), 4.13.8, 4.5.2, 4.8, Fig. 25, 4.13.6. The request will specify that the remediation be completed within one year of the effective date of this Agreement. The County will simultaneously send a courtesy copy to the Department.

D. Highland Colony Baptist Church

1. The following noncompliant elements were found at this polling place: there are 2.5 inch lips from the parking spaces to the adjacent access ramps.
2. Within one month of the effective date of this Agreement, the County will request, in writing, that the Highland Colony Baptist Church provide ramps that comply with the Standards. §§ 4.1.2(2), 4.3.7, 4.3.8, 4.5.2, 4.8. The request will specify that the remediation be completed within one year of the effective date of this Agreement. The County will simultaneously send a courtesy copy to the Department.

E. Victory Baptist Church

1. The following noncompliant elements were found at this polling place: the designated accessible parking space has no demarcation, no access aisle, and the signage can be obscured by a vehicle parked in the space; there is a 1 inch lip from the access ramp to the parking lot; the ramp to the building has no level landing area and the entrance door twist style hardware.

2. Within one month of the effective date of this Agreement, the County will request, in writing, that the Victory Baptist Church provide the requisite number of designated accessible parking spaces sufficiently demarcated, including at least one van-accessible space, signage, and spaces and access aisles that comply with the Standards, §§ 4.1.2(5), 4.6; provide a ramp that complies with the Standards, §§ 4.1.2(2), 4.3.7, 4.3.8, 4.5.2, 4.8; provide a threshold where the change is no greater than 1/2 inch and beveled with a slope no greater than 1:2, or provide a ramp with a slope no greater than 1:12 that has a level landing in front of the doorway as required to provide maneuvering clearances at the door, §§ 4.1.3(7)(a), 4.1.3(7), 4.13.8, 4.5.2, 4.8, Fig. 25, 4.13.6; 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. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are accessible designs. §§ 4.1.3(7)(b), 4.13.9. The request will specify that the remediation be completed within one year of the effective date of this Agreement. The County will simultaneously send a courtesy copy to the Department.

F. First Presbyterian Church

1. The following noncompliant elements were found at this polling place: there are more than 25 spaces but only one designated accessible parking space.

2. Within one month of the effective date of this Agreement, the County will request, in writing, that the First Presbyterian Church provide the requisite number of designated accessible parking spaces, including at least one van-accessible space, signage, and spaces and access aisles that comply with the Standards. §§ 4.1.2(5), 4.6. The request will specify that the remediation be completed within one year of the effective date of this Agreement. The County will simultaneously send a courtesy copy to the Department.

G. Sunchase Apartments

1. The following noncompliant elements were found at this polling place: there is one designated accessible parking space less than required for the number of parking spaces; and there is a 1 inch lip at the threshold of the door to the pool area (where voting takes place).

2. Within one month of the effective date of this Agreement, the County will request, in writing, that the Sunchase Apartments provide the requisite number of designated accessible parking spaces, including at least one van-accessible space, signage, and spaces and access aisles that comply with the Standards, §§ 4.1.2(5), 4.6; and provide a threshold where the change is no greater than 1/2 inch and beveled with a slope no greater than 1:2, or provide a ramp with a slope no greater than 1:12 that has a level landing in front of the doorway as required to provide maneuvering clearances at the door. §§ 4.1.3(7)(a), 4.1.3(7), 4.13.8, 4.5.2, 4.8, Fig. 25, 4.13.6. The request will specify that the remediation be completed within one year of the effective date of this Agreement. The County will simultaneously send a courtesy copy to the Department.

H. Ratcliffe Ferry

1. The following noncompliant elements were found at this polling place: the designated accessible parking spaces are not sufficiently demarcated; and there is a 3/4 to 1 inch lip at the threshold of the door to restaurant where voting occurs.

2. Within one month of the effective date of this Agreement, the County will request, in writing, that Ratcliffe Ferry sufficiently demarcate the accessible parking spaces in accordance with the standards, § 4.1.2(5), 4.6; and provide a threshold so that the change is no greater than 1/2 inch and beveled with a slope no greater than 1:2, or provide a ramp with a slope no greater than 1:12 that has a level landing in front of the doorway as required to provide maneuvering clearances at the door. §§ 4.1.3(7)(a), 4.1.3(7), 4.13.8, 4.5.2, 4.8, Fig. 25, 4.13.6. The request will specify that the remediation be completed within one year of the effective date of this Agreement. The County will simultaneously send a courtesy copy to the Department.

I. Canton Community Center

1. The following noncompliant elements were found at this polling place: the two accessible parking spaces are not sufficiently demarcated, have no access aisle, no van accessible designation, and the signage is mounted such that it can be obscured by a vehicle parked in the space; and the slope of the ramp into the building is too steep for its length.

2. Within one month of the effective date of this Agreement, the County will request, in writing, that the City of Canton sufficiently demarcate the accessible parking spaces in accordance with the Standards; and provide the requisite number of designated accessible parking spaces at its Community Center, including at least one van-accessible space, signage, and spaces and access aisles that comply with the Standards. §§ 4.1.2(5), 4.6. Provide a ramp that complies with the Standards. §§ 4.1.2(2), 4.3.7, 4.3.8, 4.5.2, 4.8. The request will specify that the remediation be completed within one year of the effective date of this Agreement. The County will simultaneously send a courtesy copy to the Department.  (Back to Agreement)

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Attachment F to Settlement Agreement between the United States of America and Madison County, Mississippi in DJ# 204-41-107

VOTING ACCESSIBILITY SURVEY Citations are to ADA Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A. Name and address of polling location:___________________________________________________________________ Name, title, and phone number of individual conducting survey: _______________________________________________
ITEM	TECHNICAL REQUIREMENTS	MODIFICATIONS NEEDED
Parking	1 per 25 spaces is accessible, up to 100 spaces; 1 per 50 to 101-200 spaces. 1 in 8 accessible spaces, but not less than 1, must be van accessible. 4.1.2(5)(a)
	Reserved sign vertical so not obscured by parked vehicles, using Int’l Symbol Accessibility. If van space, add “van-accessible” sign 4.6.4
	Width of vehicle space at least 96". 4.6.3
	Car access aisles at least 60" 4.1.2(5)(a); van access aisle at least 96". 4.1.2(5)(b).
	Surface of aisle stable, firm, slip resistant. 4.6.3, 4.3.6, 4.5.1
	Slope of space and access aisle no more than 1.50 in all directions (no built-up curb ramp intrusion). 4.6.3
	On shortest accessible route of travel to accessible entrance. 4.6.2
	Aisle is part of accessible route to entrance. 4.6.3, 4.3
Curb Ramps	Slope no more than 1:12. 4.7.2
	Width at least 36", not including flared sides. 4.7.3
Accessible Exterior Route	At least 36" wide. 4.3.3
	Cross slope no more than 1:50. 4.3.7
	Route free of stairs, curbs without ramps, abrupt changes of level greater than 1/4". 4.3.8, 4.5.2
	Slope no more than 1:20 4.3.7 or complies with requirements of ramps. 4.8.1
	Accessible route surfaces stable, firm, slip resistant. 4.3.6, 4.5.1
	Directional signs indicate accessible route and accessible entrance (when not all entrances are accessible), using Int’l Symbol Accessibility. 4.1.2(7), 4.1.3(8)(d), 4.30.7
	Route free of objects (e.g., pay phones, trees) that have leading edges between 27"-80" and that project > 4" into route. 4.4.1
	Exterior stairs built so that person who is blind/has low vision will not hit head (e.g., cane detectable barrier such as planter within 27 inches of ground). 4.4.2
Ramps	Running slope no more than 1:12; rise for any run a maximum of 30". 4.8.2
	Cross slope no more than 1:50. 4.8.6
	Surface stable, firm, slip resistant. 4.8.6, 4.5
	Clear width between handrails at least 36". 4.8.3
	Level landing at top and bottom of ramp and each ramp run. 4.8.4
	Landing at least as wide as ramp and at least 60" long. 4.8.4(1), (2)
	Where ramp changes direction, landing of at least 60"W x 60"L. 4.8.4(3)
	Edge protection if drop off (i.e., 2" curb, wall, railings, projecting surfaces). 4.8.7
	Handrails if ramp over 6" high or over 72" in length. 4.8.5
	Inside rail continuous if switchback ramp. 4.8.5(1)
	Top of handrail between 34" - 38" above ramp surface. 4.8.5(5)
	At least 12" handrail extensions, parallel to ground, beyond top and bottom of ramp segment. 4.8.5(2)
	Handrail ends rounded or returned to wall/floor/post. 4.8.5(6)
	Handrail diameter between 1-1/4" to 1-1/2 “ OR shape provides equivalent gripping surface (standard pipe this size). 4.8.5, 4.26.2
	Clear space between handrail and mounting wall exactly 1 1/2“. 4.8.5(3)
	Rails and fasteners structurally strong/sound. 4.8.5, 4.26.3
Accessible Entry Doors	Door or at least one side of double-leaf door must have minimum 32“ clear passage when door is open 90 degrees. 4.13.4, 4.13.5
	Maneuvering space at door must comply with 4.13.6 and Figure 25 (illustration below).
	Door hardware cannot require tight grasping, tight pinching, or twisting of the wrist. 4.13.9
	Operating hardware mounted no more than 48" from floor. 4.13.9
	Interior doors cannot require more than 5 lbs of force to open. 4.13.11(2)(b)
	If two doors in series, clear floor space must be at least 48" between doors, plus width of any door swinging into the space. 4.13.7
	Threshold no more than 3/4" for sliding doors, 1/2" for others, and beveled at 1:2 or less. 4.13.8
	If door has closer, takes at least 3 seconds from open position of 70 degrees to move to 3 inches from latch (measured from leading edge of door) 4.13.10
Interior Routes to Public Use Areas	At least 36" wide. 4.3.3
	Cross slope no more than 1:50. 4.3.7
	Route free of stairs or abrupt changes of level greater than 1/4". 4.3.8, 4.5.2
	Slope of hallway no more than 1:20 4.3.7 or complies with requirements of ramps. 4.8.1
	Accessible route surfaces stable, firm, slip resistant. 4.3.6, 4.5.1 If carpeted, secure, trimmed, low pile with firm/no pad. 4.5.3
	Route free of objects (e.g., fire extinguishers, wall-mounted lights, electrical meters, pay phones) that have leading edges between 27"-80" and that project > 4" into route. 4.4.1
	Exterior stairs built so that person who is blind/has low vision will not hit head (e.g., cane detectable barrier such as a planter or other object placed within 27" of ground, wherever vertical clearance for pedestrian is 80" or less). 4.4.2
Voting Machine	There is 30” x 48" clear space in front of machine, to accommodate the front or parallel approach of a person in wheelchair; space may overlap accessible route. 4.2.4 & Figure 4(b),(c) (illustration below)
	For machines placed on tables/desks: knee space must be at least 27"H x 30"W x 19"D; table height no more than 28-34". 4.32.3, 4.32.4
	For machines placed on tables/desks: The level reach cannot > 25" deep for a forward approach. If < 20", the height of controls can be 48". If level reach is 20-25" deep, height cannot exceed 44". 4.2.5 & Figure 5(b) (illustration below).
	For machines placed on tables/desks: The level reach cannot > 24" deep for parallel approach. If < 24" but > 10", the height of controls must be between 15" and 46" above floor. If < 10", height of controls must be between 15" and 54" above floor. 4.2.6 & Figure 6(c) (illustration below).
ILLUSTRATIONS
Figure 25: Maneuvering Clearances at Doors
Figure 4(b),(c): Clear Floor Space for Persons in Wheelchairs to Approach Voting Machines |
Figures 5(a), 6(b): High and Low Reaches for Front and Parallel Approaches |
Figures 5(b), 6(c): Reach Ranges over Obstructions |

Attachment G to Settlement Agreement between the United States of America and Madison County, Mississippi in DJ# 204-41-107

Please Note: Paragraph 56 of the Settlement Agreement requires that within three months of the effective date of this Agreement, the County install signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.


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:

A. Within 6 months of the effective date of this Agreement, the County will complete the following modifications to the Circuit Court:

1. The designated accessible parking space is not served by an adjacent access aisle and it is not identified as van-accessible. Sufficiently demarcate the space to provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and provide a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(a)&(b), 4.6.3 & Fig.9, 4.6.4.

2. The door pressure required to open every door within the Court exceeds five pounds. Provide door closers so that the force required to open each door is no more than 5 pounds. §§ 4.1.3(7)(b), 4.13.11(2)(b).

3. The door coat hooks in every designated accessible stall in the toilet rooms are located at 59 inches above the floor. Provide hooks that are no more than 54 inches above the finished floor for a side reach or 48 inches above the finished floor for a front reach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

4. The top surface of the accessible counters in both the Clerk’s Office (first floor) and Bad Check Department (second floor) are located 40.5 inches above the finished 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. § 7.2(2).

5. In the accessible men’s toilet room in Jury Room 114, the toilet flush valve is on the closed, or narrow side of the toilet stall. Provide a flush valve control on the side of the toilet facing the open (wide) side of the toilet area or provide an automatic flush device. §§ 4.1.3(11), 4.22.4, 4.16.5.

6. In the accessible men’s toilet room in Jury Room Number 112, the toilet flush valve is on the closed, or narrow side of the toilet stall. Provide a flush valve control on the side of the toilet facing the open (wide) side of the toilet area or provide an automatic flush device. §§ 4.1.3(11), 4.22.4, 4.16.5.

7. The inmate toilet room in the holding room is not accessible. Provide a toilet room that fully complies with the Standards. §§ 4.1.3(11), 4.22, 4.2, 4.3, 4.13, 4.16 and Figs 28 & 29, 4.19 and Figs. 31 & 32, 4.26, 4.27.

B. Within 6 months of the effective date of this Agreement, the County will complete the following modifications to the Madison County Nursing Home:

1. The three designated accessible parking spaces have no signs showing the International Symbol of Accessibility. Provide signs designating the spaces as accessible with the international symbol of accessibility in locations that cannot be obscured by vehicles parked in the spaces. §§ 4.1.2(5)(a), 4.6.4.

2. The “walkway” from the accessible parking spaces to the main entrance of the building has a slope greater than 1:20 and is, therefore, considered a ramp. The slope of the ramp is 6 degrees in some places and 8.5 degrees in others. Provide a ramp that complies with all requirements for ramps, including slope and rise, 60 inch minimum length landings at the bottom and top of each ramp, handrails, cross slope and surfaces, edge protection, and outdoor conditions. §§ 4.1.2(1), 4.3.7, 4.8 & Figs. 16, 17, 4.26.

3. Public Toilet Rooms

a. In the men’s public toilet room, the door coat hooks in every designated accessible stall are located at 57 inches above the floor; and the hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Provide hooks that are no more than 54 inches above the finished floor for a side reach, 48 inches above the finished floor for a front reach, §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6; and insulate or configure the hot water and drain pipes to protect against contact. §§ 4.1.3(11), 4.22.6, 4.19.4.

b. In the women’s public toilet room, the door coat hooks in every designated accessible stall are located at 57 inches above the floor; and the hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Provide hooks that are no more than 54 inches above the finished floor for a side reach 48 inches above the finished floor for a front reach, §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6; and insulate or configure the hot water and drain pipes to protect against contact. §§ 4.1.3(11), 4.22.6, 4.19.4.

4. In the “public showers” used by residents who require supervision, the hot water and drain pipes beneath the lavatory are not insulated or configured against contact. Insulate or configure the hot water and drain pipes to protect against contact. §§ 4.1.3(11), 4.22.6, 4.19.4.

C. Except as provided for in Paragraph C. 1., below, within 6 months of the effective date of this Agreement, the County will complete the following modifications to the Sheriff’s Department D Pod:

1. There are no accessible cells. The width of the door is 27 inches; grab bars are not provided for the toilet; and there is a lip into the shower. The County is currently constructing a new housing pod. The County will modify the plans for this new pod to provide one designated accessible cell in each housing classification level (i.e., minimum, medium and maximum security). Within 3 months of the effective date of this Agreement, the County will submit revised complete design and construction documentation, including construction drawings, as built drawings, project manuals, addenda, and change orders for the construction of the new pod to the Department. The Department will review the documentation for conformity to the ADA standards for Accessibility Design, and the County will modify the construction documents, if necessary, to indicate accessibility, within a time frame agreed to by the parties.

2. There are no telecommunications devices (TTY) for deaf in the jail. Provide and maintain in working order at least 2 TTYs for deaf persons and make a TTY when needed for an inmate with a disability to communicate effectively under the same conditions that other inmates are given access to telephones, except that persons using TTY’s will be given extended time to place calls, recognizing that TTY calls take three to five times longer than standard telephone calls.

3. Furnish appropriate auxiliary aids and services when necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, the Jail's services, programs, or activities. Auxiliary aids and services include qualified interpreters, written materials, and notepad and pen.

D. Within 6 months of the effective date of this Agreement, the County will complete the following modifications to the Sheriff’s Department - Administrative Offices:

1. No accessible stalls or toilet rooms are provided for employees. Provide accessible men’s and women’s toilet rooms, or provide an accessible unisex toilet room, that fully comply with the Standards. §§ 4.1.3(ii), 4.22, 4.2, 4.3, 4.13, 4.16 and Figs 28 & 29, 4.17,4.19 and Figs. 30, 31 & 32, 4.26, 4.27, 4.30.

E. Within 3 months of the effective date of this Agreement, the County will complete the following modifications to the Flora Public Library:

1. In the public women’s toilet room, the door coat hook in the designated accessible stall is located at 67 inches above the floor; and the hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Provide a hook that is no more than 54 inches above the finished floor for a side reach or 48 inches above the finished floor for a front reach, §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6; and insulate or configure the hot water and drain pipes to protect against contact. §§ 4.1.3(11), 4.22.6, 4.19.4.

2. In the public men’s toilet room, the door coat hook in the designated accessible stall is located at 67 inches above the floor; and the hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Provide a hook that is no more than 54 inches above the finished floor for a side reach 48 inches above the finished floor for a front reach, §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6; and insulate or configure the hot water and drain pipes to protect against contact. §§ 4.1.3(11), 4.22.6, 4.19.4.

3. The public meeting space/classroom has no assistive listening system. Provide a permanent assistive listening system or an adequate number of electrical outlets or other supplementary wiring in the room necessary to support a portable assistive listening system, with a minimum number of receivers provided equal to 4% of the total number of seats but no less than two receivers, and signage indicating the availability of a listening system. §§ 4.1.3(19)(b), 4.30.7(4), 4.33.  (Back to Agreement)

Attachment H to Settlement Agreement between the United States of America and Madison County, Mississippi in DJ# 204-41-107

Altered Facilities

Please Note: Paragraph 56 of the Settlement Agreement requires that within three months of the effective date of this Agreement, the County install signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.


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:

A. Within 9 months of the effective date of this Agreement, the County will complete the following modifications to the 1855 Courthouse:

1. There is no accessible route from the street parking to the Courthouse. Provide an accessible route from the accessible parking spaces to the Courthouse that is firm, stable, and slip resistant. §§ 4.1.6(1)(b), 4.1.2(2), 4.3,4.5.

2. The accessible ramp leads to an entrance with a locked door and no call button. Provide unassisted access to the door during hours of operation. §§ 4.1.6(1)(b), 4.1.2(i), 4.1.3(7); 28 C.F.R. § 35.160.

3. In the women’s toilet room on the first floor, the centerline of the toilet in the designated accessible stall is located 21 inches from the side wall; the toilet flush valve is on the closed, or narrow side of the toilet stall; and the side grab bar in the designated accessible stall is 9 inches from the rear wall. Provide a toilet so that the centerline is exactly 18 inches from the side wall, §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(a); provide a flush valve control on the side of the toilet facing the open (wide) side of the toilet area or provide an automatic flush device, §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.5; and 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. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30(d), 4.26.

4. In the men’s toilet room on first floor, the centerline of the toilet in the designated accessible stall is located 21 inches from the side wall; the toilet flush valve is on the closed, or narrow side of the toilet stall; and the side grab bar in the designated accessible stall is less than 10 inches from the rear wall. Provide a toilet so that the centerline is exactly 18 inches from the side wall, §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(a), provide a flush valve control on the side of the toilet facing the open (wide) side of the toilet area or provide an automatic flush device, §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.5; and 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. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30(d), 4.26.

5. In the unisex bathroom on the second floor, the hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate and configure the hot water and drain pipes to protect against contact. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.

6. The buttons on the elevator control panels lack Braille. Provide raised characters and Braille immediately to the left of the button to which they apply. §§ 4.1.6(1)(b), 4.1.3(5), 4.10.12(2), 4.30.

7. The second floor assembly area (used by the Madison County Economic Development Council) has no assistive listening system available. Provide a permanent assistive listening system or an adequate number of electrical outlets or other supplementary wiring in the room necessary to support a portable assistive listening system, with a minimum number of receivers provided equal to 4% of the total number of seats but no less than two receivers, and signage indicating the availability of a listening system. §§ 4.1.6(1)(b), 4.1.3(19)(b), 4.30.7(4), 4.33.

B. Within 9 months of the effective date of this Agreement, the County will complete the following modifications to the Health Department:

1. The designated accessible parking space does not have a sign designating the space as van-accessible. Provide a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.6(1)(b), 4.1.2(5)(b), 4.6.4.

2. The built up curb ramp extends into a vehicular traffic lane. Provide a curb ramp which does not extend into a vehicular traffic lane. §§ 4.7.5, 4.7.6.

3. The accessible parking space to the building is not on the shortest route from the main entrance. Provide a space that is located on the shortest accessible route of travel from the parking lot to the main entrance. §§ 4.1.6(1)(b), 4.1.2(1), 4.6.2.

4. The main entrance lacks handrails and a level landing area. Provide an entrance handrails and a level landing area. §§ 4.1.6(1)(b), 4.1.2(1), 4.3.7, 4.8 & Figs. 16, 17, 4.26. In lieu of providing a landing area at the top of the ramp, provide an automatic door opener. § 4.1.6(1)(b), 4.13.12.

5. In the toilet room in the lab, there is a cart with cups for urine samples that intrudes into the clear floor space in front of the toilet; there are no side or rear grab bars; and the hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Provide at least 56 inches minimum clear floor space for the toilet, §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4; provide side and rear grab bars that comply with the Standards, §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.4 & Fig. 30(a), (c), (d); insulate or configure the hot water and drain pipes to protect against contact. §§ 4.1.3(11), 4.22.6, 4.19.4.

6. In the patients’ toilet room, there are no grab bars; the hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact; and there is no accessible signage. Provide side and rear grab bars that comply with the Standards, §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.4 & Fig. 29; insulate or configure the hot water and drain pipes to protect against contact, §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4; and 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. §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

7. In the men’s public toilet room (located near the main entrance), the soap dispenser is mounted so that the control is located 55 inches above the finished floor. Provide a dispenser so that its highest operable part is not higher than 44 inches above the finished floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.7, 4.27.3, 4.2.5 & Fig. 5(b).

8. In the public women’s toilet room (located near the main entrance), the toilet flush valve is on the closed, or narrow side of the toilet stall. Provide a flush valve control on the side of the toilet facing the open (wide) side of the toilet area or provide an automatic flush device. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.5.

C. Within 6 months of the effective date of this Agreement, the County will complete the following modifications to the Department of Human Services (Economic Assistance Section):

1. The conference room used for classes has no assistive listening system available. Provide a permanent assistive listening system or an adequate number of electrical outlets or other supplementary wiring in the room necessary to support a portable assistive listening system, with a minimum number of receivers provided equal to 4% of the total number of seats but no less than two receivers, and signage indicating the availability of a listening system. §§ 4.1.6(1)(b), 4.1.3(19)(b), 4.30.7(4), 4.33.

2. In the unisex toilet (#1 on the left as looking at both bathrooms), there is no accessible signage; the paper towel dispenser is located 60 inches above the finished floor; the toilet seat cover dispenser is located at 54 inches above the finished floor; the toilet flush valve is on the closed, or narrow side of the toilet stall; and the side grab bar in the designated accessible stall is 2 inches from the rear wall. 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, §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6; provide paper towel and toilet seat cover dispensers so that the bottom edge of each dispenser opening is within the reach ranges of a person who uses a wheelchair, §§4.1.6(1)(b), 4.1.3(11), 4.22.7, 4.27.2, 4.27.3, 4.2.5, 4.2.6; provide a flush valve control on the side of the toilet facing the open (wide) side of the toilet area or provide an automatic flush device, §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.5; and 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. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.4 & Fig. 29(b), 4.26.

3. In the unisex toilet room (#2 on the right as looking at both bathrooms), there is no accessible signage; the paper towel dispenser is located 63 inches above the finished floor; the lavatory has twist-type faucets; and the side grab bar in the designated accessible stall is less than 12 inches from the rear wall. 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, §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6; provide a paper towel dispenser so that the bottom edge of the dispenser opening is within the reach ranges of a person who uses a wheelchair, §§ 4.1.6(1)(b), 4.1.3(11), 4.22.7, 4.27.2, 4.27.3, 4.2.5, 4.2.6; provide lavatory controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrists to operate, §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.5, 4.27.4; and 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. §§ 4.1.6(1)(b), 4.1.3(11), 4.16.4, & Fig. 29(b).

D. Within 12 months of the effective date of this Agreement, the County will complete the following modifications to the Madison Cultural Center:

1. There are no designated accessible parking spaces. Provide designated accessible parking spaces, including at least one van-accessible space, that are located on the shortest accessible route to the accessible entrance of the building and that otherwise comply with the Standards. §§ 4.1.6(1)(b), 4.1.2(5), 4.6.

2. There is no accessible route from the parking area to any of the function spaces; the exterior sidewalk has more than one abrupt changes in level greater than 1/4 inch; and the distance from the parking area to the only interior ramp is excessive and circuitous. Establish an accessible route from the designated accessible parking spaces to these areas that is firm, stable, and slip resistant. §§ 4.1.6(1)(b), 4.1.2(2), 4.3, 4.5.

3. At the ramp located inside the building, there are no handrails, no edge protection; and the slope is 16.5 degrees. Provide a ramp so that its slope does not exceed 1:12 and the cross slope is no greater than 1:50; provide handrails; and edge protection. §§ 4.1.3(1), 4.3.8, 4.8, 4.26.

4. The building has no elevator to public spaces and activities located on the second floor. Within one month of the effective date of this Agreement, the County will request, in writing, that the City of Canton’s Cultural Center provide program access to activities currently located on the second floor. The request will specify that the remediation be completed within three months of the effective date of this Agreement. The County will simultaneously send a courtesy copy to the Department. See 28 C.F.R. § 35.151.

5. The large meeting room/kitchen has no assistive listening system available. Provide a permanent assistive listening system or an adequate number of electrical outlets or other supplementary wiring in the room necessary to support a portable assistive listening system, with a minimum number of receivers provided equal to 4% of the total number of seats but no less than two receivers, and signage indicating the availability of a listening system. §§ 4.1.6(1)(b) 4.1.3(19)(b), 4.30.7(4), 4.33.

6. In the women’s public toilet room, the sign is not on the latch side of the door and lacks raised characters, Braille, and the international sign for wheelchair accessibility; the toilet flush valve is on the closed, or narrow side of the toilet stall; and the hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. 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, §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6, provide a flush valve control on the side of the toilet facing the open (wide) side of the toilet area or provide an automatic flush device, §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.5; and insulate or configure the hot water and drain pipes to protect against contact. §§ 4.1.3(11), 4.22.6, 4.19.4.

7. In the public men’s toilet room, the sign is not on the latch side of the door and lacks raised characters, braille, and the international sign for wheelchair accessibility; the side grab bar is 2 inches from the rear wall; and the hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. 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, §§4.1.6(1)(b), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6; 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, §§ 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30(d), 4.26; and insulate or configure the hot water and drain pipes to protect against contact. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.

E. Within 3 months of the effective date of this Agreement, the County will complete the following modifications to the Kearney Park Fire Station Polling Place (Owned by the County):

1. There is an abrupt change of level greater than 1/4 inch from the parking area into the newly constructed bays. Provide a curb ramp, threshold or ramp that complies with the Standards so that there is an accessible route into the bays. §§ 4.1.2(2), 4.3.8, 4.5.2, 4.7, 4.8.  

(Back to Agreement)

Attachment I to Settlement Agreement between the United States of America and Madison County, Mississippi in DJ# 204-41-107

Existing Facilities

Please Note: Paragraph 56 of the Settlement Agreement requires that within three months of the effective date of this Agreement, the County provide signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.


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:

A. Within 9 months of the effective date of this Agreement, the County will complete the following modifications to the Courthouse Annex - Office of the Tax Collector:

1. There is no accessible route from the street parking to the Courthouse Annex Building. Provide an accessible route from the accessible parking spaces to the building that is firm, stable, and slip resistant. §§ 4.1.2(1), 4.3, 4.5.

2. The exterior ramp has a slope of 6.5 degrees (1:9). Provide a ramp that has a slope no greater than 1:12 or provide a wheelchair lift that complies with the Standards. §§ 4.1.2(1), 4.3.7, 4.8, 4.9, 4.11.

3. The top surface of the designated accessible counter is located higher than 36 inches above the finished 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). § 7.2(2).

C. Within 9 months of the effective date of this Agreement, the County will complete the following modifications to the Courthouse Annex - Office of Tax Assessor:

1. There is no accessible route from the street parking to the Courthouse Annex Building. The entrance to this office can only be reached by stairs. A ramp on the side of the building (by the entrance to the Tax Collector’s Office) has a slope of 6.5 degrees (1:9). The accessible route to the Tax Assessor’s Office through the Tax Collector’s Office is obstructed by storage articles and closed off by a padlocked door. Provide and maintain an accessible route from the accessible parking spaces to the building that is firm, stable, and slip resistant. §§ 4.1.1(2), 4.3, 4.5.

2. The top surface of the designated accessible counter is higher than 36 inches above the finished 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). § 7.2(2).

C. Within 9 months of the effective date of this Agreement, the County will complete the following modifications to the Courthouse Annex - Emergency Management:

1. In the men’s public toilet room, the toilet room sign is not accessible; the door to the toilet room has knob hardware; the lavatory has twist-type faucets; the centerline of the toilet is 13 inches from the side wall; the hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact; the paper towel dispenser is 54 inches above the finished floor; the mirror is mounted so that the bottom edge of the reflecting surface is 48 inches above the finished floor; and there is no rear grab bar. 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; §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6; provide door 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; provide lavatory controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrists to operate, §§ 4.19.5, 4.27.4; provide a toilet so that the centerline is exactly 18 inches from the side wall, §§ 4.16.28 & Fig. 28; insulate or configure the hot water and drain pipes to protect against contact, §§ 4.19.4; provide a paper towel dispenser so that the bottom edge of the dispenser opening is within the reach ranges of a person who uses a wheelchair, §§ 4.27.2, 4.27.3, 4.2.5, 4.2.6; 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; and provide a rear grab bar that complies with the Standards. §§ 4.1.3(11), 4.22.4, 4.16.4 & Fig. 29.

2. In the women’s public toilet room, the toilet room sign is not accessible; the door to the toilet room has knob hardware; the lavatory has twist-type faucets; the centerline of the toilet is 13 inches from the side wall; the hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact; the paper towel dispenser is 54 inches above the finished floor; the mirror is mounted so that the bottom edge of the reflecting surface is 48 inches above the finished floor; and there is no rear grab bar. 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; §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6; provide door 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; provide lavatory controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrists to operate, §§ 4.19.5, 4.27.4; provide a toilet so that the centerline is exactly 18 inches from the side wall, §§ 4.16.28 & Fig. 28; insulate or configure the hot water and drain pipes to protect against contact, §§ 4.19.4; provide a paper towel dispenser so that the bottom edge of the dispenser opening is within the reach ranges of a person who uses a wheelchair, §§ 4.27.2, 4.27.3, 4.2.5, 4.2.6; 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; and provide a rear grab bar that complies with the Standards. §§ 4.16.28 & Fig. 28.

D. Within 12 months of the effective date of this Agreement, the County will complete the following modifications to the County Offices and Chancery Court:

1. At the designated accessible parking spaces in the parking lot located in the rear of the building, the signage can be obscured by a vehicle parked in the space; and there is no sign designating a space that is “van accessible.” Provide a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(b), 4.6.4.

2. The pressure required to open the doors throughout the building exceeds 5 pounds. Provide doors with hardware that requires no more than 5 pounds of force to open. §§ 4.13.11(2)(b).

3. Signage for permanent rooms within the building lacks Braille for room numbers. Provide door signage, with raised letters and Braille. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

4. The accessible route to the exit on the second floor near room 209 is less than 36 inches wide. Provide an accessible route that is consistently at least 36 inches wide. §§ 4.1.3(1), 4.3.3; 28 C.F.R. § 35.133.

5. The Board of Supervisors’ meeting room has no assistive listening system available. Provide a permanent assistive listening system or an adequate number of electrical outlets or other supplementary wiring in the room necessary to support a portable assistive listening system, with a minimum number of receivers provided equal to 4% of the total number of seats but no less than two receivers, and signage indicating the availability of a listening system. §§ 4.1.3(19)(b), 4.30.7(4), 4.33.

6. The elevator control panel does not have raised characters and Braille. Provide a control panel that complies with the Standards. §§ 4.10.12(2), 4.30.

7. At drinking fountains on both the first and second floors, the spout outlet height of the upper level drinking fountain is 33 inches; and the spout outlet of the lower level drinking fountain is 24 inches. Provide a fountain with a spout height no higher than 36 inches above the finished floor, or provide cups next to the existing fountain so that they dispense within the reach ranges of persons who use wheelchairs. §§ 4.15.2 & Fig. 27(a), 4.27.3, 4.2.5, 4.2.6.

8. In the Chancery Courtrooms (# 1 and #2), there are no designated accessible seating areas provided. Provide a designated accessible seating area in each courtroom for individuals who use wheelchairs, and provide signage designating the accessible seating areas in each courtroom. §§ 4.1.3(19)(a), 4.30.7.

9. Toilet rooms:

a. Women’s

i. In the toilet room located in room 108, the toilet room sign is not accessible; the door coat hook in the designated accessible stall is located at 67 inches above the floor; the side grab bar is 36 inches long and less than 12 inches from the rear wall; the width of the accessible stall is 54 inches; the height of the toilet is 20.5 inches from the finished floor to the top of the seat; the toilet paper dispenser is positioned on the far wall (to the left of the toilet); the soap dispenser is mounted so that the control is 52 inches above the finished floor; and the hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. 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; §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6; provide a coat hook that is no more than 54 inches above the finished floor for a side reach 48 inches above the finished floor for a front reach, §§ 4.25.3, 4.2.5, 4.2.6; 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, §§ 4.17.6 & Fig. 30(d), 4.26; provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if toilet is wall mounted), §§ 4.13, 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.22.7, 4.26, 4.27; provide a toilet with a seat between 17 and 19 inches above the finished floor, §§ 4.17.3 & Fig.30(d); provide a toilet paper dispenser on the wall closest to the toilet that is no more than 36 inches from the back wall and with its centerline no less than 19 inches above the finished floor, §§ 4.17.3 & Fig. 30(d); provide a soap dispenser so that its highest operable part is within the reach ranges of a person who uses a wheelchair, §§ 4.27.3, 4.2.5, 4.2.6; and insulate or configure the hot water and drain pipes to protect against contact. §§ 4.19.4.

ii. In the toilet room located in room 113, the toilet room lacks accessible signage; the width of the accessible stall is 36 inches; the door coat hook in the designated accessible stall is located at 66 inches above the floor; and the hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. 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; §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6; provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if toilet is wall mounted), §§ 4.13, 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.22.7, 4.26, 4.27; provide a coat hook that is no more than 54 inches above the finished floor for a side reach or 48 inches above the finished floor for a front reach, §§ 4.25.3, 4.2.5, 4.2.6; and insulate or configure the hot water and drain pipes to protect against contact. §§ 4.19.4.

iii. In the toilet room located in room 211, the toilet room lacks accessible signage; the width of the accessible stall is 36 inches; the door coat hook in the designated accessible stall is located at 67 inches above the floor; and the hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. 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, §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6; provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if toilet is wall mounted), §§ 4.13, 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.22.7, 4.26, 4.27; provide a coat hook that is no more than 54 inches above the finished floor for a side reach or 48 inches above the finished floor for a front reach, §§ 4.25.3, 4.2.5, 4.2.6; and insulate or configure the hot water and drain pipes to protect against contact. §§ 4.19.4.

iv. In the toilet room located in room 237(b), the toilet room lacks accessible signage; the width of the accessible stall is 53 inches; the door coat hook in the designated accessible stall is located at 66 inches above the floor; the soap dispenser is not mounted within grasping reach of persons using wheelchairs; access to the mirror is obstructed due to its mounting height; and the hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. 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, §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6; provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if toilet is wall mounted), §§ 4.13, 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.22.7, 4.26, 4.27; provide a coat hook that is no more than 54 inches above the finished floor for a side reach 48 inches above the finished floor for a front reach, §§ 4.25.3, 4.2.5, 4.2.6; provide a soap dispenser is not mounted within grasping reach of persons using wheelchairs, §§ 4.27.3, 4.2.5 & Fig. 5(b); provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor, § 4.19.6; and insulate or configure the hot water and drain pipes to protect against contact. §§ 4.19.4.

b. Men’s

i. In the toilet room located in room 107, the toilet lacks accessible signage; the door coat hook in the designated accessible stall is located at 66 inches above the floor; the centerline the toilet is 16 inches; the soap dispenser is mounted so that the control is 56 inches above the finished floor; and the hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. 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, §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6; provide a coat hook that is no more than 54 inches above the finished floor for a side reach or 48 inches above the finished floor for a front reach, §§ 4.25.3, 4.2.5, 4.2.6; provide a toilet so that the centerline is exactly 18 inches from the side wall, §§ 4.17.3 & Fig. 30(a); provide a soap dispenser so that its highest operable part is not higher than 48 inches above the finished floor, §§ 4.27.3, 4.2.5 & Fig. 5(b); and insulate or configure the hot water and drain pipes to protect against contact. §§ 4.1.3(11), 4.22.6, 4.19.4.

ii. In the toilet room located in room 112, the toilet room lacks accessible signage; the width of the accessible stall is 43 inches; the door coat hook in the designated accessible stall is located at 67 inches above the floor; the centerline of the toilet is 16 inches; the soap dispenser is mounted so that the control is 55 inches above the finished floor; there is a trash can located in front of the mirror that intrudes into the clear space and blocks a wheelchair user’s ability to use the mirror; access to the lavatory is obstructed due to location in an approximately 24 inch wide alcove; and the hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. 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, §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6; provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if toilet is wall mounted), §§ 4.13, 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.22.7, 4.26, 4.27; provide a coat hook that is no more than 54 inches above the finished floor for a side reach or 48 inches above the finished floor for a front reach, §§ 4.25.3, 4.2.5, 4.2.6; provide a toilet so that the centerline is exactly 18 inches from the side wall, §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(a); provide a soap dispenser so that its highest operable part is not higher than 48 inches above the finished floor, §§ 4.27.3, 4.2.5 & Fig. 5(b); provide the clear floor space, turning space, and maneuvering clearance requirements of the Standards, §§ 4.22.3, 4.2, 4.3, 4.19.3; provide an unobstructed access to the lavatory, §§ 4.1.6(1)(b), 4.1.3.1, 4.3.3; and insulate or configure the hot water and drain pipes to protect against contact. §§ 4.1.3(11), 4.22.6, 4.19.4.

iii. In the toilet room located in room 210, the toilet room lacks accessible signage; the width of the accessible stall is 44 inches; the door coat hook in the designated accessible stall is located at 66 inches above the floor; the centerline the toilet is 26 inches; the side grab bar is 36 inches long and less than 12 inches from the rear wall; and the hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. 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, §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6; provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if toilet is wall mounted), §§ 4.13, 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.22.7, 4.26, 4.27; provide a coat hook that is no more than 54 inches above the finished floor for a side reach or 48 inches above the finished floor for a front reach, §§ 4.25.3, 4.2.5, 4.2.6; provide a toilet so that the centerline is exactly 18 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(a); 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. §§ 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30(d), 4.26; and insulate or configure the hot water and drain pipes to protect against contact. §§ 4.19.4.

iv. In the toilet room located in room 237(a), the toilet room lacks accessible signage; the door coat hook in the designated accessible stall is located at 67 inches above the floor; the soap dispenser is not mounted within reach ranges for persons who use wheelchairs finished floor; and the hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. 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, §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6; provide a coat hook that is no more than 54 inches above the finished floor for a side reach or 48 inches above the finished floor for a front reach, §§ 4.25.3, 4.2.5, 4.2.6; provide a soap dispenser so that its highest operable part is not higher than 48 inches above the finished floor, §§ 4.27.3, 4.2.5 & Fig. 5(b); and insulate or configure the hot water and drain pipes to protect against contact. §§ 4.19.4.

E. With respect to the Justice Court Building:

1. At the Justice Court Building, there is no designated accessible parking space; there is no accessible route from the street to the front entrance of the building; the main entrance can only be reached by stairs; the ramp that leads to the back entrance has an abrupt change of 2 1/2 inches at the base of the ramp and the path is obstructed inside the building by numerous boxes and other objects; no accessible toilet rooms in the building; and the top of the service counter exceeds 36 inches from the finished floor. The County represents that it intends to either build a new Justice Court Building or renovate an existing building to serve as its Justice Court. Within12 months of the effective date of this Agreement, the County will submit complete design and construction documentation, including construction drawings, as built drawings, project manuals, addenda, and change orders for the construction of the new Justice Court to the Department. The Department will review the documentation for conformity to the ADA standards for Accessibility Design, and the County will modify the construction documents, if necessary, to indicate inaccessibility, within a time frame agreed to by the parties.

F. Within 12 months of the effective date of this Agreement, the County will complete the following modifications to the Sheriff’s Department and Detention Center:

1. At the parking lot, there is one designated accessible parking space which is not demarcated; no access aisle; no van accessible designation; and the sign can be obscured by a vehicle parked in the space. Demarcate the accessible space in accordance with the standards; provide at least one 96-inch wide parking space served by an access aisle at least 96 inches wide; provide a sign designating the 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 the remaining accessible parking spaces. §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4.

2. There is only one accessible cell for the jail. There are no accessible cells in each of the levels of classification (minimum, medium, maximum security). The only accessible cell is located in the medical unit requiring inmate to remain in administrative segregation. The accessible cell’s intercom button is 60 inches from the finished floor. The County is currently constructing a new housing pod. The County will modify the plans for this new Pod to provide one accessible cell in each housing classification level (i.e., minimum, medium and maximum security). The County will submit revised complete design and construction documentation, including construction drawings, as built drawings, project manuals, addenda, and change orders for the construction of the new Pod to the Department within 30 days of the effective date of this Agreement. The Department will review the documentation for conformity to the ADA standards for Accessibility Design, and the County will modify the construction documents, if necessary, to indicate compliance with the Standards, within a time frame agreed to by the parties.

3. There are no TDD for inmates with hearing or speech impairments. Provide maintain in working order at least 2 telecommunications devices for deaf persons (TDD’s) and make a TDD available when needed for an inmate with a disability to communicate effectively under the same conditions that other inmates are given access to telephones, except that persons using TDD’s will be given extended time to place calls, recognizing that TDD calls take three to five times longer than standard telephone calls. Furnish appropriate auxiliary aids and services when necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, the Jail's services, programs, or activities. Auxiliary aids and services include qualified interpreters, written materials, and notepad and pen.

4. Public Toilet rooms:

a. In the women’s public toilet room, the paper towel dispenser is mounted 53 inches above the finished floor; signage is not on the latch side of the door, and lacks raised characters and Braille; and the hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Provide a paper towel dispenser so that the top edge of the dispenser opening is within the reach ranges of a person who uses a wheelchair, §§ 4.27.2, 4.27.3, 4.2.5, 4.2.6; 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, §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6; and insulate or configure the hot water and drain pipes against contact. §§ 4.19.4.

b. In the men’s public toilet room, the paper towel dispenser is mounted 52 inches above the finished floor; signage is not on the latch side of the door, and lacks raised characters and Braille and the hot water; and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Provide a paper towel dispenser so that the bottom edge of the dispenser opening is within the reach ranges of a person who uses a wheelchair, §§ 4.27.2, 4.27.3, 4.2.5, 4.2.6; provide a sign with 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, §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6 and insulate or configure the hot water and drain pipes to protect against contact. §§ 4.19.4.

G. Within 6 months of the effective date of this Agreement, the County will complete the following modifications to the Department of Human Services (Child Support/ Family and Child Services):

1. At the parking lot, there are 4 designated accessible parking spaces which are not demarcated; no access aisle are provided; and no van accessible designation is provided. Demarcate the accessible parking spaces; provide at least one 96-inch wide parking space served by an access aisle at least 96 inches wide; provide a sign designating the 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 the remaining accessible parking spaces. §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4.

2. The route to the accessible entrance is blocked by parked cars. Provide and maintain an unobstructed accessible route leading into the building. See 28 C.F.R. § 35.133.

3. The exterior ramp to the entrance has no edge protection. Provide edge protection. §§ 4.1.2(1), 4.8.7 & Fig. 17.

4. In the unisex toilet room on the first floor, there is no accessible signage; the height of the toilet seat cover dispenser is 57 inches from the finished floor; the paper towel dispenser exceeds 48 inches above the finished floor; the mirror is mounted so that the bottom edge of the reflecting surface is greater than 40 inches from the finished floor; and the hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. 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, §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6; provide a paper towel dispenser so that the top edge of the dispenser opening is within the reach ranges of a person who uses a wheelchair, §§ 4.27.2, 4.27.3, 4.2.5, 4.2.6; 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; insulate or configure the hot water and drain pipes to protect against contact. §§ 4.22.6, 4.19.4.

H. Within 9 months of the effective date of this Agreement, the County will complete the following modifications to the Mental Health Building:

1. The designated accessible parking spaces are not demarcated. Demarcate the accessible spaces. §§ 4.1.2(5), 4.6, and Fig.9, 4.6.4.

2. The top of the service counter exceeds 36 inches from the finished 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). § 7.2(2).

3. In the unisex bathroom located in the Sheltered Workshop, the mirror is mounted so that the bottom edge of the reflecting surface is greater than 40 inches from the finished floor; the lavatory has twist type faucets; and the hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. 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; provide controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrists to operate, §§ 4.19.5, 4.27.4; and insulate or configure the hot water and drain pipes to protect against contact. §§ 4.19.4.

4. In the Lifestyles (for day treatment) portion of the building:

a. In the men’s toilet room, there is no signage or a sign directing patrons to an accessible toilet room in the building; there are no grab bars; the mirror is mounted so that the bottom edge of the reflecting surface is greater than 40 inches from the finished floor; the lavatory has twist type faucets; Access to the toilet is obstructed;. and the hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. 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, §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6; provide side and rear grab bars that comply with the Standards, §§ 4.16.4 & Fig. 29; 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; provide lavatory faucets that are operable with one hand and do not require tight grasping, pinching or twisting of the wrists to operate, §§ 4.19.5, 4.27.4; provide accessible toilet; and insulate or configure the hot water and drain pipes to protect against contact. §§ 4.19.4. Alternatively, provide signs at the inaccessible toilet rooms and in conspicuous places directing users to the location of the accessible toilet room. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

b. In the women’s toilet room, there is no signage; there is no sign directing patrons to an accessible toilet room in the building; there are no grab bars; the toilet seat is 15.5 inches from the finished floor; the mirror is mounted so that the bottom edge of the reflecting surface is greater than 40 inches from the finished floor; the lavatory has twist type faucets; and the hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. 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, §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6; provide side and rear grab bars that comply with the Standards, §§ 4.16.4 & Fig. 29; provide a toilet with a seat between 17 and 19 inches above the finished floor, §§ 4.16.3 & Fig. 29(b); 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; provide lavatory controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrists to operate, §§ 4.19.5, 4.27.4; and insulate or configure the hot water and drain pipes to protect against contact. §§ 4.19.4. Alternatively, provide signs at the inaccessible toilet rooms and in conspicuous places directing users to the location of the accessible toilet room. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

5. The public toilet rooms (located near the main reception area):

a. In the men’s toilet room, there is no signage; and there is no rear grab bar. 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, §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6; and provide a rear grab bar that complies with the Standards. §§ 4.16.4 & Fig. 29.

b. In the women’s toilet room, there is no signage; and there is no rear grab bar. 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, §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6; and provide a rear grab bar that complies with the Standards. §§ 16.4 & Fig. 29.

I. Within 9 months of the effective date of this Agreement, the County will complete the following modifications to the Madison South Annex:

1. The parking lot has more than 25 spaces but only one designated accessible parking space; no access aisle; and no van accessible space. Provide the requisite number of designated accessible parking spaces, including at least one van-accessible space, signage, and spaces and access aisles that comply with the Standards. §§ 4.1.2(5), 4.6.

2. The entrance to the building has no level landing area. Provide level landing at the top of the entrance that complies with the Standards. §§ 4.1.2(1), 4.3.7, 4.8.2 & Fig. 16, 4.8.4.

3. The top of the service counters in both the Tax Assessor’s and Tax Collector’s offices exceed 36 inches abvove the finished floor. Provide a counter in each of these offices that is at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

4. The door to the Tax Assessor’s office has knob 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.

5. Public Toilet rooms:

a. In ten’s toilet room, there is no accessible signage; there is no rear grab bar; the mirror is mounted so that the bottom edge of the reflecting surface is 42 inches from the finished floor; and the hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. 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, §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6; provide a rear grab bars that complies with the Standards, §§ 4.16.4 & Fig. 29; 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; and insulate or configure the hot water and drain pipes to protect against contact, §§ 4.19.4.

b. In the women’s toilet room, there is no accessible signage; there is no rear grab bar; the mirror is mounted so that the bottom edge of the reflecting surface is 42 inches from the finished floor; toilet floor clearance is not provided; and the hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. 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, §§4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6; provide a rear grab bar that complies with the Standards, §§ 4.16.4 & Fig. 29; 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; provide minimum clear floor space for the toilet. §§ 4.16.2 & Fig.28; and insulate or configure the hot water and drain pipes to protect against contact. §§ 4.19.4.

J. Within 6 months of the effective date of this Agreement, the County will complete the following modifications to the Road Department:

1. The designated accessible parking space is not served by an adjacent access aisle or identified as van-accessible. Provide at least one 96 inch wide parking space served by an access aisle at least 96 inches wide, with a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(a) & (b), 4.6.3 & Fig. 9, 4.6.4.

2. The threshold on the exterior side of the door into the building is 3/4 inches high. Provide a threshold where the height is no greater than 1/2 inch and beveled with a slope no greater than 1:2, or provide a ramp with a slope no greater than 1:12 that has a level landing in front of the doorway as required to provide maneuvering clearances at the door. §§ 4.13.8, 4.3.8, 4.5.2, 4.8, 4.13.6, Fig. 25 .

3. The threshold on the interior side of the door to exit the building is 1.5 inches high. Provide a threshold where the height is no greater than 1/2 inch and beveled with a slope no greater than 1:2, or provide a ramp with a slope no greater than 1:12 that has a level landing in front of the doorway as required to provide maneuvering clearances at the door. §§ 4.13.8, 4.3.8, 4.5.2, 4.8, 4.13.6, Fig. 25.

4. The entrance door has knob 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.

5. The top of the service counter exceeds 36 inches from the finished 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). § 7.2(2).

K. Within 9 months of the effective date of this Agreement, the County will complete the following modifications to Rogers Park:

1. There is no accessible route from the parking area to either of the park’s two pavilions, and the picnic-style pavilion tables are not accessible to persons who use wheelchairs. Provide an accessible route from the accessible parking to at least one of the pavilions. §§ 4.1.2(2), 4.3, 4.5.

2. No accessible portable toilets are provided. Provide one accessible portable toilet on an accessible route. §§ 4.1.2(6), 4.3 4, 4.22, 4.16, 4.19, 4.26, 4.27.  (Back to Agreement)

September 4, 2003