Settlement Agreement between the United States and the Borough of Olyphant, Pennsylvania

SETTLEMENT AGREEMENT

BETWEEN

THE UNITED STATES OF AMERICA

AND

THE BOROUGH OF OLYPHANT, PENNSYLVANIA

Department of Justice Complaint Number 204-63-50

Background

1. This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131 - 12134, with the United States Department of Justice, Civil Rights Division, Coordination and Review Section (Department), against the Borough of Olyphant, Pennsylvania (Borough). The complaint alleges that the Olyphant Municipal Building is inaccessible to persons with mobility impairments.

2. The Department of Justice is authorized under 28 C.F.R.

Part 35, Subpart F, to investigate fully the allegations of the complaint in this matter to determine the compliance of the Borough with title II of the ADA and the Department's implementing title II regulation, issue findings, and, where appropriate, 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 of Justice fail to secure voluntary compliance pursuant to Subpart F. In consideration of the terms of this Agreement, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter.

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

Facts

4. The Borough owns and operates a building, commonly known as the Municipal Building, located in Olyphant, Pennsylvania.

5. Because of architectural barriers, the Municipal Building is not readily accessible to and usable by persons with mobility impairments.

Jurisdiction

6. The ADA applies to the Borough because it is a public entity as defined in 42 U.S.C. 12131.

7. 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 such as the Borough.

8. Under the ADA, the services, programs, and activities provided in the Olyphant Municipal Building, when viewed in their entirety, must be accessible to and usable by persons with disabilities.

Remedial Action

9. The Borough will construct an accessible ramp to the rear entrance of the Municipal Building adjacent to the accessible parking area. Construction will be completed by July 31, 1998. The ramp will comply with the requirements of the ADA Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A, § 4.8.

10. The Borough will alter the restroom facilities on the first floor of the Municipal Building so that there is a unisex restroom that complies with the requirements of the ADA Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A, § 4.22. Alterations will be completed by July 31, 1998. The Borough will install signage on the second floor restrooms indicating where the accessible restroom is located.

11. The Borough will make the following modifications to its policies within 10 days of the effective date of this Agreement:

a. Borough officials whose offices are located on the second floor of the Municipal Building will, upon request, conduct business in the first floor conference room with persons who cannot access the second floor due to disability. This policy will be posted in a conspicuous place in the lobby of the Municipal Building along with instructions on how and where to make such a request.

b. The Borough will continue to take all possible steps to find an accessible permanent location for the meetings currently held in inaccessible Municipal Building rooms.

c. Until an accessible permanent location is found, public meetings will be moved to an accessible location upon request when such request is made so that a person with a disability can attend the meeting. Required notice for such a request shall not exceed two days prior to the meeting date and notice shall not be required prior to the publication of the meeting's agenda. If a request is received later than two days prior to the meeting date and after the publication of the meeting's agenda, the Borough will make reasonable efforts to move the meeting to an accessible location. This policy will be included in all announcements and advertisements of public meetings that are to be held in inaccessible areas of the Municipal Building.

12. Within 30 days of the effective date of this Agreement, the Borough will submit to the Department documentation of the effective policy modifications outlined in paragraph 11, above.

13. No later than September 1, 1998, the Borough will submit to the Department documentation of the completed renovations outlined in paragraphs 9 and 10, above.

Implementation and Enforcement of the Agreement

14. The Department of Justice may review compliance with this Agreement at any time. If the Department of Justice believes that this Agreement or any requirement thereof has been violated, it may institute a civil action in Federal district court, following written notice to the Borough of the possible violation and a period of ten (10) days in which the Borough has the opportunity to cure the alleged violation.

15. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect to any deadline or any other provision herein shall not be construed as a waiver of the Department of Justice's right to enforce other deadlines and provisions of this Agreement.

16. 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 Borough or the Department on request.

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

18. 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 Borough's continuing responsibility to comply with all aspects of the ADA.

19. The signer of this document for the Borough represents that he or she is authorized to bind the Borough to this Agreement.

For the United States:

Isabelle Katz Pinzler
Acting Assistant Attorney General for Civil Rights

By: ______________________________ Date: ________________________

John L. Wodatch
Allison Nichol
Naomi Milton
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
(202) 514-3882

For the Borough:

By: ______________________________ Date: ________________________

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