ATTACHMENT A
DEPARTMENT OF JUSTICE COMPLAINT NUMBER 204-37-272
Settlement Agreement | Department of Justice Press Releases
BACKGROUND
A. SCOPE OF THE INVESTIGATION
The United States Department of Justice ("Department") initiated this matter as a compliance review of the City of Mount Pleasant, Michigan, ("City") under title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131-12134, and the Department’s implementing regulation, 28 C.F.R. Part 35. Because the City receives financial assistance from the Department of Justice, the review was also conducted under the authority of § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department’s implementing regulation, 28 C.F.R. Part 42, Subpart G.
The review was conducted by the Disability Rights Section of the Department’s Civil Rights Division and focused on the City’s compliance with the following title II requirements:
- 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") or the Uniform Federal Accessibility Standards ("UFAS");
The Department limited its program access review to those of the City’s programs, services, and activities that operate in the following facilities: City Hall, Department of Public Works, Department of Public Safety/Fire Department, Island Park, Nelson Park, Sunny Side Park, Chip-A-Waters Park, Robert A. Wood Mill Park. Construction of one of these facilities,
Sunny Side Park, began after January 26, 1992. The Department also reviewed the accessibility of all City polling locations.
B. JURISDICTION
1. The ADA applies to the City because it is a "public entity" as defined by title II. 42 U.S.C. § 12131(1).
2. The Department is authorized to conduct this compliance review under 42 U.S.C.
§ 12133 in order to determine the City’s compliance with title II and the Department’s implementing title II regulation, to issue findings and, where appropriate, to negotiate and secure a voluntary compliance agreement. Furthermore, the Attorney General is authorized, under 42 U.S.C. § 12133 to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance.
3. The Department is authorized to conduct this compliance review under 28 C.F.R. Part 42, Subpart G, to determine the City’s compliance with § 504 of the Rehabilitation Act of 1973, to issue findings, and, where appropriate to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 29 U.S.C. § 794 and 28 C.F.R. §§ 42.530, 42.108-110, to suspend or terminate financial assistance to the City provided by the Department of Justice should the Department fail to secure voluntary compliance pursuant to Subpart G or to bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.
C. ACTIONS TAKEN BY THE CITY
4. The City has a designated ADA Coordinator and an ADA Compliance Committee, which consists of four members.
5. The City will adopt Attachment B as its ADA grievance procedures. It provides for a grievance to be lodged with the Assistant City Manager/ADA Coordinator and for appeals to be considered by the City Manager should the complainant be dissatisfied with the resolution.
6. The City has installed curb ramps at various locations at the request of residents who use wheelchairs.
The parties to this Agreement are the United States of America and the City of Mount Pleasant, Michigan. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties hereby agree as follows:
REMEDIAL ACTION
7. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from filing a civil suit in this matter with respect to paragraphs 9-25 except as provided in paragraphs 28 and 30, below.
8. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the Standards are used to determine whether a program or activity held in an existing facility is "readily accessible to and usable by" persons with disabilities, and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. §§ 35.150(b)(1), 35.151. The Standards appear at 28 C.F.R. Part 36, Appendix A.
A. POLICIES AND PROCEDURES
9. Within 60 days of the effective date of this Agreement, the City will distribute the attached Notice (Attachment A) to all department/division heads; post the Notice on the City’s website, and post copies in conspicuous locations in its public buildings. It will refresh the posted copies, and update the ADA Coordinator information contained on the Notice, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request.
10. Within 60 days of the effective date of this Agreement, the City will develop and adopt a written procedure for providing qualified sign language interpreters at all public meetings upon the request of any individual who is deaf or has a hearing impairment, at no expense to any individual or group of individuals with disabilities. The availability of this service will be included in announcements of such meetings.
B. POLLING PLACES
11. The City agrees to provide the option of mail ballots or absentee ballots to persons with disabilities, in accordance with Michigan law, provided that the ballots are accepted up to and including the day of the election.
12. All of the City’s polling locations are in facilities that are subject to the obligation to provide program access under title II of the ADA, and thus could be subject to an independent federal compliance review. This agreement does not limit such future enforcement action by any person or entity with respect to the accessibility of the City’s polling activity.
13. The City will request responsible officials of Fancher Elementary School to complete the following remediations within 12 months of the effective date of this Agreement in order to make voting at this facility readily accessible to, and usable by, voters with disabilities:
a. There are no designated accessible parking spaces on the shortest accessible route to the entrance leading to where the voting takes place. Provide two designated accessible parking spaces, including a van accessible space with a 96 inch wide access aisle and an additional "van-accessible" sign mounted below the symbol of accessibility, on the shortest accessible route of travel to the entrance.
§§ 4.1.2(5), 4.1.2(7)(a), 4.6, 4.3, 4.30.7.
b. The entrance ramp does not comply with the Standards. The slope of the ramp is greater than 1:12, there are no handrails or edge protection; where the ramp changes direction at the landing, there is no level landing of 60 inches by 60 inches.
§§ 4.1.6(1)(b), 4.1.2(1), 4.3.8, 4.8, 4.26. Alter the existing ramp to comply with the Standards.
14. The City will request responsible officials of Kinney Elementary School to complete the following remediations within 12 months of the effective date of this Agreement in order to make this facility readily accessible to, and usable by, voters with mobility impairments.
a. Neither of the two 11 feet wide designated accessible parking spaces is served by an adjacent access aisle.
Restripe the two accessible parking spaces to establish one 96 inch wide space, one 96 inch wide van space, and a shared 96 inch wide access aisle on the shortest accessible route of travel to the entrance. §§ 4.1.2(5), 4.1.2(7)(a), 4.6, 4.3, 4.30.7.
15. The City will request responsible officials of Ganiard Elementary School to complete the following remediations within 12 months of the effective date of this Agreement in order to make this facility readily accessible to, and usable by, voters with mobility impairments.
a. The reserved accessible parking sign in the back of the school is located on the gate to the playground area, and there is no demarcated accessible space or access aisle.
Demarcate a designated van-accessible parking space in the back of the gymnasium with a 96 inch wide access aisle and an additional "van-accessible" sign mounted below the symbol of accessibility, on the shortest accessible route of travel to the gymnasium entrance. §§ 4.1.2(5), 4.1.2(7)(a), 4.6, 4.3, 4.30.7.
16. The City will request responsible officials of Pullen Elementary School to complete the following remediations within 12 months of the effective date of this Agreement in order to make this facility readily accessible to, and usable by, voters with mobility impairments.
a. Neither of the two 11 feet wide designated accessible parking spaces is served by an adjacent access aisle.
Restripe the two accessible parking spaces to establish one 96 inch wide car space, one 96 inch wide van space, and a shared 96-inch wide access aisle on the shortest accessible route of travel to the entrance. §§ 4.1.2(5), 4.1.2(7)(a), 4.6, 4.3, 4.30.7.
17. To the extent that a polling location declines to remove barriers, the City will select an alternate, accessible location within 12 months of the effective date of this agreement.
C. CITY COMMUNICATION
18. The City has one TTY machine which serves all offices located at City Hall. The City will develop and implement written procedures to ensure that TDD calls are returned by the appropriate City official on the same day as received. If the caller’s concerns or questions cannot be handled promptly, the procedures will require a City employee to speak to the caller on the same day in order to establish a time frame for the call-back.
19. The City will report to the Department the actions it has taken to implement these provisions within 6 months of the effective date of this Agreement.
D. PHYSICAL CHANGES
In order to ensure that each of the City’s programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, is readily accessible to and usable by persons with disabilities, the City will take the following actions:
20. Within six months of the effective date of this Agreement, the City will complete the following modifications to the City Hall:
a. Reception area - Main Floor
(1) The drinking fountain is mounted with a spout height of 38 _ inches. Install a drinking fountain with a spout height no higher than 36 inches above the finish floor, or install cups next to the existing drinking fountain so that they dispense within the reach ranges of persons who use wheelchairs no lower than 15 inches above the finish floor and no higher than 48 inches above the finish floor for a front reach. §§ 4.15.2, 4.27.3, 4.2.5, 4.2.6.
b. Men’s and Women’s Toilet Rooms - Main Floor
(1) The hot water and drain pipes beneath the lavatory in the men’s and women’s toilet rooms are not insulated or configured to protect against contact. Install insulation on the pipes. § 4.19.4.
(2) The mirror in each toilet room is mounted so that the reflecting surface is 42 inches above the finish floor. Provide a mirror in each room mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. § 4.19.6.
21. Within four years of the effective date of this Agreement, the City will complete the following modifications to the City Hall:
a. Reception Area - Main Floor
a. Elevator
(1) There is no audible tone signal on the elevator. Install an audible tone signal or verbal annunciator to announce the arrival of the car. § 4.10.13.
b. Signs - throughout the City Hall Building
(1) Modify each permanent room identification sign, i.e., room numbers, toilet rooms, exit signs to include raised characters and Braille. Mount the sign on the wall adjacent to the latch side of each door and ensure that the centerline is 60 inches above the finish floor and there are no protruding objects to within 3 inches of the signage. §§ 4.1.2(7)(d), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
c. Men’s and Women’s Toilet Rooms - Main Floor
(1) The pressure required to open the women’s toilet room door is 10 pounds. Check and adjust the women’s toilet room door so that the force required to open the door is not more than 5 pounds. § 4.13.11(2)(b). The coat hook in the men’s and women’s toilet rooms is mounted 67 inches above the finish floor. Provide coat hooks in the men’s and women’s toilet rooms so that each has a hook that is not more than 54 inches above the finish floor. § 4.2.6.
(2) Both the men’s and women’s designated accessible stalls are 43 inches wide which is smaller than the 60-inch wide "standard" accessible toilet stall necessary to accommodate persons who use wheelchairs. The centerline of the toilet is 21 1/2 inches (women’s), 22 inches (men’s) from the adjacent wall. There is no rear grab bar in either the men’s or women’s stall. The coat hook is located 67 inches above the finish floor in both stalls.
In each room, provide an accessible toilet stall at least 60 inches wide and 56 inches deep (59 inches for wall-mounted toilets) such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers and coat hook comply with the Standards. §§ 4.1.6(1)(b), 4.1.3(11), 4.13, 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.25.3, 4.26, 4.27.
(3) The coin slot of the sanitary napkin dispenser is 56 inches above the finish floor. Reposition the dispenser so that the highest operable part (coin slot) is within the reach ranges of a person who uses a wheelchair. §§ 4.27.3, 4.2.5, 4.2.6.
22. Due to inclement weather, the Department was not able to survey the parking at Nelson Park. Within 18 months of the effective date of this Agreement, the City will survey the required number of accessible car and van parking spaces, the location of the spaces and access aisle dimensions, format the location of signage, and accessible route from parking to and within part areas for compliance with the Standards. §§ 4.1.2(5)(a)(b), 4.6, 4.30.7. Within that 18 month time frame, the City will provide a report of its findings and photographs of each element to the Department. The City will complete any necessary physical modifications to these areas within 18 months of the Department written response to the City’s report.
23. The City shall make the following modifications to the Department of Public Works Building within six months of the effective date of this Agreement:
a. The 12 foot wide designated accessible parking space does not have an access aisle. Provide one 96 inch wide accessible parking space with a 96 inch access aisle and a "van accessible" sign under the international symbol of accessibility that is positioned at a height so that it will not be obscured by a parked car.
§§ 4.6.3, 4.6.4.
24. Alterations to the Public Safety Building will begin in June 2001. The City will alter the Building in compliance with the ADA Standards for Accessible Design. The modifications will correct, at minimum, the following items within two years of the effective date of this Agreement:
a. Police Entrance
(1) The designated accessible parking space does not have an access aisle, and no van accessible space is provided. Provide one 96 inch wide designated accessible parking space with a 96 inch wide access aisle and a "van accessible" sign mounted under the international symbol of accessibility that is positioned at a height so that it will not be obscured by a parked car. §§ 4.6.3, 4.6.4.
(2) The police counter is located 41-1/2 inches above the finish floor. Provide a counter that is at least 36 inches long and not 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).b. Unisex Toilet Room
(1) The unisex toilet room has the following non-compliant elements: the room identification sign is mounted on the door and lacks raised characters and Braille; the entry door has knob hardware; the side grab bar does not extend 54 inches from the back wall; the rear grab bar is 24 1/2 inches long; and the lavatory hot water and drain pipes are not insulated. Alter the toilet room so that it fully complies with the Standards. §§ 4.22, 4.2, 4.3, 4.13, 4.16 & Figs. 28 and 29, 4.19 & Figs. 31 and 32, 4.26, 4.27.
c. Telephone in the Police Department Lobby
(1) The telephone used to call the police when the window is not staffed is 55 inches above the finish floor. Lower the telephone so that its highest operable part is no higher than 48 inches above the finish floor for a forward reach. §§ 4.31.3, 4.2.5.
25. Due to the inclement weather, the Department was not able to survey parking at Chip-A-Waters Parks.
a. Within 18 months of the effective date of this Agreement, the City will survey the required number of accessible car and van parking spaces, the location of the spaces, space and access aisle dimensions, and format and location of signage. The City, within that 18 months, will also provide the Department a report of its findings and photographs of each element. §§ 4.1.2(5)(a)(b), 4.6, 4.30.7. The City will complete any necessary physical modifications to these areas within 18 months of the Department’s written response to the report.
In order to ensure that the following elements at Sunny Side Park, which were constructed after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the City will take the following actions:
26. Due to inclement weather and ongoing construction, the Department was not able to survey all elements of this facility.
a. Within 3 months of the effective date of this Agreement, the City will survey the required number of accessible car and van parking spaces, the location of the spaces, space and access aisle dimensions, and format and location of signage. The City, within that 3 months, will also provide the Department a report of its findings and photographs of each element. §§ 4.1.2(5)(a)(b), 4.6, 4.30.7. The City will complete any necessary physical modifications to these areas within 6 months of the Department’s written response to the report.
IMPLEMENTATION AND ENFORCEMENT
27. Except as otherwise specified in this Agreement, at 90 and 180 days after the effective date of this Agreement, and thereafter at yearly anniversaries of the effective date, the City will submit written reports to the Department summarizing the actions the City has taken pursuant to this Agreement. Reports will include photographs, architectural plans, notices published in the newspapers, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations.
28. If at any time the City 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.
29. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it will so notify the City 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 City, it may institute a civil action in federal district court directly to enforce title II or to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce section 504 of the Rehabilitation Act.
30. 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.
31. In the event that the City fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department as a temporary modification of the relevant terms of this Agreement, the Department may file suit in an appropriate federal court to enforce the terms of the Agreement, may declare the Agreement null and void and file suit to enforce title II of the ADA, or may initiate appropriate steps to enforce section 504 of the Rehabilitation Act.
32. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person by the City or the Department on request.
33. The effective date of this Agreement is the date of the last signature below.
34. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, shall be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect the City’s continuing responsibility to comply with all aspects of the ADA.
35. 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 City has been achieved.
36. The individual signing for the City of Mount Pleasant represents that he or she is authorized to bind the City to this Agreement.
| For the City of Mount Pleasant: |
For the United States: |
By:________________________________ Al Kaufmann, Jr. Mayor 401 N. Main Street Mount Pleasant, MI 48858-1698 By:_______________________________ Robert Flynn City Clerk 401 N. Main Street Mount Pleasant, MI 48858-1698 Date ______________________ |
WILLIAM R. YEOMANS, Acting Assistant Attorney General Civil Rights Division By: ______________________________ JOHN L. WODATCH, Chief Susan Buckingham Reilly, Deputy Chief Carolyn Russell, Investigator Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, DC 20035-6738 Date ______________________ |
NOTICE
UNDER THE AMERICANS WITH DISABILITIES ACT
In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, the City of Mount Pleasant will not discriminate against qualified individuals with disabilities on the basis of disability in the City's services, programs, or activities.
The City does not discriminate on the basis of disability in its hiring or employment practices. The City will not ask a job applicant about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. Medical examinations or inquiries may be made, but only after a conditional offer of employment is made and only if required of all applicants for the position. The City will make reasonable accommodations for the known physical or mental limitations of a qualified applicant
or employee with a disability upon request unless the accommodation would cause an undue hardship on the operation of the City’s business. To the extent its selection criteria for employment decisions have the effect of disqualifying an individual because of disability, those criteria will be job-related and consistent with business necessity.
The City will provide appropriate auxiliary aids and services, including qualified sign language interpreters and assistive listening devices, whenever necessary to ensure effective communication with members of the public who have hearing, sight, or speech impairments, unless to do so would result in a fundamental alteration of its programs or an undue administrative or financial burden. A person who requires an accommodation or an auxiliary aid or service to participate in a City program, service, or activity, should contact the Office of the ADA Coordinator, Kathie Grinzinger, at 517-773-7971 (voice) or the Michigan Relay Service at 1-800-649-3777 (TDD) as far in advance as possible but no later than 48 hours before the scheduled event.
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.
March 2001
CITY OF MOUNT PLEASANT
Grievance Procedure under the
Americans with Disabilities Act
This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Mount Pleasant. The City’s Personnel Policy governs employment-related complaints of disability discrimination.
The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the
complaint, will be made available for persons with disabilities upon request.
The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:
ADA Coordinator
401 North Main Street
Mt. Pleasant, Michigan 48858
Within 15 calendar days after receipt of the complaint, the ADA Coordinator or his/her designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the ADA Coordinator or his/her designee will respond in writing, and, where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City of Mount Pleasant and offer options for substantive resolution of the complaint.
If the response by the ADA Coordinator or his/her designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision of the ADA Coordinator within 15 calendar days after receipt of the response to the City Manager or his/her designee.
Within 15 calendar days after receipt of the appeal, the City Manager or his/her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the City Manager or his/her 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 the ADA Coordinator or his/her designee, appeals to the City Manager or his/her designee, and responses from these two offices will be retained by the City of Mount Pleasant for at least four years.
April 10, 2001