Settlement Agreement between the United States and the City of Minnetonka, Minnesota

1. This matter was initiated by a complaint filed with the United States Department of Justice (“Department”) and the United States Attorney’s Office for the District of Minnesota (“U.S. Attorney”) against the City of Minnetonka, Minnesota (“City”), by **** and ********* (“*********”) on behalf of their minor son, *********, under Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12131-12134, and Section 504 of the Rehabilitation Act of 1973 (“Section 504"), 29 U.S.C. § 794. In their complaint, the ********* alleged that their son was a qualified individual with a disability who had been enrolled for two years in the City’s police explorer program. The ********* alleged that the City violated the ADA and Section 504 when, on February 16, 2005, the City excluded their son from further participation in the City’s police explorer program because of his disability.

2. The ADA applies to the City because it is a “local government” and thus a “public entity” pursuant to Title II of the ADA, 42 U.S.C. § 12131. Title II of the ADA prohibits discrimination against qualified individuals with disabilities on the basis of disability in the “services, programs, or activities of a public entity.” 42 U.S.C. § 12132. The City’s police explorer program is a program and activity of the City.

3. The Department and U.S. Attorney are authorized, under 28 C.F.R. Part 35, Subpart F, to investigate the allegations of the complaint in this matter to determine the City’s compliance with Title II of the ADA. The Department and U.S. Attorney also have the authority to issue findings, and, where appropriate, negotiate and secure voluntary compliance agreements. The Department and U.S. Attorney are also authorized, under 42 U.S.C. § 12133, to bring civil actions enforcing Title II of the ADA should they fail to secure voluntary compliance pursuant to Subpart F.

4. Under 28 C.F.R. Part 42, Subpart G, the Department and U.S. Attorney are authorized to investigate the allegations of the complaint in this matter under Section 504, because the City receives federal financial assistance.

5. Based on the submissions of the parties and an investigation of the complaint, the U.S. Attorney determined that the *********’ minor son was a qualified individual with a disability who was excluded from participation in the City’s police explorer program by reason of his disability in violation of the ADA and Section 504. The City has disputed this determination.

6. The parties have determined that this complaint can be resolved without further enforcement action or litigation and have prepared and agreed to the terms of this Agreement. By entering into this Agreement, neither party is conceding the validity of any position taken by the other party. The parties are entering into this Agreement solely for the purpose of avoiding litigation.

7.1 Nondiscrimination Agreement. The City agrees not to engage in any act or practice that has the purpose or effect of unlawfully discriminating against any person with a disability in violation of Title II of the ADA or Section 504 of the Rehabilitation Act.

7.2 Nonretaliation Agreement. The City agrees not to retaliate against the ********* for the exercise of their rights under Title II of the ADA or Section 504 of the Rehabilitation Act, including but not limited to the filing of this complaint.

7.3 Promulgation of New Policies and Procedures. Within sixty (60) days of the effective date of this Agreement, the City will promulgate new policies and procedures for its police explorer program and will include within such policies and procedures a statement that it does not discriminate on the basis of disability in its services, programs, or activities. The U.S. Attorney will have the right to review the new policies and procedures prior to final adoption by the City.

7.4 Notice and Distribution of New Policies and Procedures. Within thirty (30) days of final adoption of its policies and procedures, the City will provide notice of the policies and procedures to all current participants in the City’s police explorer program and thereafter will distribute the policies and procedures on a regular and periodic basis to persons enrolled in the program. The City will also distribute the policies and procedures to all applicants of the City’s police explorer program.

7.5 Training. Within one hundred and eighty days (180) days of the effective date of this Agreement, the City will train all police department personnel on Title II of the ADA and Section 504 of the Rehabilitation Act. The City will use as its model for training the State of Minnesota’s program, Focus on Ability. The U.S. Attorney will have the right to review the training agenda and materials prior to training sessions being conducted by the City. The City wil

l keep records of each police officer’s attendance at such training for one (1) year following the training session.

8.1. Payment. In consideration of the terms of this Agreement, the ********* agree to accept $6,250.00 to be used exclusively for counseling services for their minor son, *********, who has experienced depression as a result of the dismissal from the police explorer program and a harassing phone call he received from an individual with knowledge of the filing of this complaint. The ********* will have the right to choose a licensed psychologist or counselor or counseling program of their choice for their son’s therapy. An account will be established at a duly charted bank or trust to pay the for the counseling for ********* up to and including $6,250.00. The ********* will submit to the U.S. Attorney’s Office invoices from the psychologist or counselor or counseling program and proof of payment to the psychologist or counselor or counseling program from the account. The ********* will be responsible for any and all charges for counseling services for their son that exceeds $6,250.00. Payment of the $6,250.00 by the City to the account will be made upon receipt of the Release signed by ********* pursuant to Paragraph 8.2 of this Agreement.

8.2. Release. In consideration of the terms of this Agreement, the ********* agree to sign the Release, attached as Exhibit A and incorporated into this Agreement. The ********* will provide the original, fully executed Release to the City within ten (10) days of the effective date of this Agreement.

9.1 Covenant Not to Sue. In consideration of the terms of this Agreement, the United States agrees to refrain from filing a civil suit against the City relating to the allegations contained in the *********’ complaint and relating to the exclusion of their son from the Minnetonka Police Explorer program on or about February 16, 2005.

9.2 Exception. If there is noncompliance with this Agreement, the United States may commence suit against the City pursuant to paragraph 10.2 of this Agreement.

9.3 Refrain from Seeking Civil Monetary Penalties. In consideration of the terms of this Agreement, the United States agrees not to seek civil monetary penalties against the City under the ADA or Rehabilitation Act relating to the allegations contained in the *********’ complaint and relating to the exclusion of their son from the Minnetonka Police Explorer program on or about February 16, 2005.

10.10 Ongoing Review of Compliance. The Department or the U.S. Attorney may review compliance with this Agreement at any time.

10.2 Notification of Noncompliance. If the Department or the U.S. Attorney believes that the City is not in compliance with this Agreement, it will notify the City Manager and the City Attorney for the City of Minnetonka in writing of the alleged noncompliance and attempt to seek a resolution of the matter. Such notice will contain reasonable particulars concerning the alleged violation. If the parties are unable to reach a resolution after ninety (90) days after the date of the written notification, the Department and/or the U.S. Attorney may bring an action to enforce compliance with this Agreement.

10.3 Nonwaiver of Enforcement. Failure by the Department or the U.S. Attorney to enforce this entire Agreement or any provision thereof with respect to any deadline or any other provision herein will not be construed as a waiver of their right to enforce other deadlines and provisions of this Agreement.

10.4 Public Document. This Agreement is a public document and may be made available to any person.

10.5 Parameters of Agreement. This Agreement is a complete and final disposition of all claims against the City related to Department of Justice ADA Complaint Number 204-39-45. This Agreement does not purport to remedy any other potential violation of the ADA or Section 504, and it does not affect the City’s continuing responsibility to comply with the ADA and Section 504.

10.6 Entire Agreement. This Agreement, including Exhibit A, 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 the parties regarding this claim that is not contained in this written Agreement will be enforceable under its provisions.

10.7 Headings. The paragraph headings in this Agreement are for convenience only and will not be deemed to affect in any way the language of the provisions to which they refer.

10.8 Severability. If any term of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement will nonetheless remain in full force and effect provided, however, that if the severance of any such provision materially alters the rights or obligations of the parties, the parties will engage in good faith negotiations in order to adopt mutually agreeable amendments to this Agreement as may be necessary to restore the parties as closely as possible to the initially agreed upon relative rights and obligations.

10.9 Signatories Bind Parties. Signatories on behalf of the parties represent that they are authorized to bind the parties to this Agreement.

10.10 Effective Date; Termination. The effective date of this Agreement is the date of the last signature below. This Agreement will remain in effect for thirty-six (36) months of its effective date.

SETTLEMENT AGREEMENT IN U.S. DEPARTMENT OF JUSTICE ADA COMPLAINT NUMBER 204-39-45 THE UNITED STATES OF AMERICA v. CITY OF MINNETONKA, MINNESOTA

SETTLEMENT AGREEMENT

IN

U.S. DEPARTMENT OF JUSTICE ADA COMPLAINT NUMBER 204-39-45

THE UNITED STATES OF AMERICA

v.

CITY OF MINNETONKA, MINNESOTA