SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

BOROUGH OF RED BANK, NEW JERSEY

DEPARTMENT OF JUSTICE COMPLAINT NUMBER 204-48-221

BACKGROUND

A. SCOPE OF THE INVESTIGATION

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 (“Department”) against the Borough of Red Bank, New Jersey, (“Borough”). The complaint was received by the Civil Rights Division of the Department of Justice, under the authority of 28 C.F.R. Part 35, Subpart F. The Borough was never provided with a copy of the complaint. The complainant alleged that the Borough in 1997 undertook resurfacing of its commercial areas, specifically its sidewalks and crosswalks, which resulted in walkways that are inaccessible to persons with disabilities. The complainant further alleged that there are no disabled parking spaces near the Improvement District and that the closest spaces are located in parking lots several blocks away. Finally, it was alleged that the parking lot of the Municipal Building has an insufficient number of disabled parking spaces and the spaces in front of the Marine Park lack access aisles and proper maintenance.

Because the Borough receives financial assistance from the Department of Justice, the investigation 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 Department expanded the scope of the investigation to include the Borough’s compliance with the following title II requirements:

• 28 C.F.R. § 35.107(a), which requires public entities to designate a responsible employee to coordinate their efforts to comply with and carry out their ADA responsibilities.
  
  
• 28 C.F.R. § 35.107(b), which requires public entities to establish a grievance procedure for resolving complaints of violations of title II.
  
  
• 28 C.F.R. § 35.150, which requires public entities 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 by:

delivering 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,



making physical changes to facilities 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”).

• 28 C.F.R. §35.151, which requires public entities to ensure that facilities for which construction or alteration began 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.

The Department limited its review to those of the Borough’s programs, services, and activities that operate in the following facilities: Senior Center, Riverside Garden Park, Municipal Parking Lots at English Plaza and Mechanic, Linden, White, and Gold Streets, specified sidewalks, curb ramps, and crosswalks, Municipal Complex and Parking, Count Basie Park, Marine Park, and Red Bank Library.

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

B. JURISDICTION

1. The ADA applies to the Borough 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 investigate 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, 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 investigate the complaint in this matter to determine the Borough’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 Borough provided by the Department of Justice should the Department fail to secure voluntary compliance pursuant to Subpart G or bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.

REMEDIAL ACTION

4. The Department and the Borough enter into this Settlement Agreement without trial or adjudication in order to amicably resolve this matter without any admission of law or fact by either party. In consideration of the terms of this Agreement, the United States agrees to refrain from filing a civil suit in this matter regarding the programs, services, and facilities discussed in ¶¶ 6-16 except as provided in ¶¶ 19 and 21.

5. The United States and the Borough (collectively, “the Parties”) agree that the technical requirements and, where appropriate, the scoping requirements of the Standards are, for purposes of this Agreement, 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 physical disabilities, and to determine 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.

C. POLICY AND PROCEDURES

6. Within 60 days of the effective date of this Agreement, the Borough will adopt the attached notice (Attachment A); distribute it to all department/division heads; publish the Notice in a local newspaper of general circulation serving the Borough; 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 the Agreement. Copies will also be provided to any person upon request.

7. Within 60 days of the effective date of this Agreement, the Borough will adopt the attached ADA Grievance Procedure (Attachment B) distribute it to all agency heads, and post copies of it in conspicuous locations in its public buildings. It will refresh the posted copies, and update the contact information contained on the Procedure, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request.

D. PHYSICAL MODIFICATIONS

In order to ensure that the following facilities, for which construction commenced after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the Borough will take the following actions.

8. The Borough shall complete the following modifications to the Senior Center within 6 months of the effective date of this Agreement:

a. Parking

The accessible parking space is not van-accessible. Alter the space so that it is a van-accessible parking space served by a striped access aisle at least 96 inches wide and install 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. Standards §§ 4.1.2(5)(b), 4.6.3 & Fig. 9, 4.6.4.

b. Men’s and Women’s Toilet Rooms

1) The room identification sign for the women’s toilet room is mounted on the door. Reposition the sign so that it is mounted on the wall adjacent to the latch side of the door, the centerline of the sign is 60 inches above the finish floor, and sufficient clear floor space is provided for a person to approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

2) The men’s restroom’s accessible urinal has a rim that is 19 inches above the finish floor. Install a urinal with an elongated rim that is no higher than 17 inches above the finish floor and provides adequate clear floor space. Standards §§ 4.1.3(11), 4.18, 4.22.5.

3) The rim of the urinal in the men’s room is 19 inches above the finish floor and the flush control is mounted 46 inches above the finish floor. Provide a urinal with an elongated rim no higher than 17 inches above the finish floor and a flush control no higher than 44 inches above the finish floor. Standards §§ 4.1.3(11), 4.22.5, 4.18.2, 4.18.4.

c. Tables

None of the tables in the computer, crafts, and ceramics rooms is accessible to persons who use wheelchairs because of inadequate knee space. Provide a table in each room that can be used by persons who use wheelchairs. See Standards §§ 4.32.3, 4.32.4.

9. The Borough shall complete the following modifications to the Riverside Garden Park within 12 months of the effective date of this Agreement:

a. Men’s and Women’s Toilet Rooms

1) The rear grab bars at the toilets are less than 36 inches long and are mounted more than 6 inches from the side walls. Provide a rear grab bar in the toilet area in each room that is at least 36 inches long with the end closer to the side wall mounted no more than 6 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30(c).

2) The toilet paper dispenser in the designated accessible stall in the women’s room is mounted 38 inches from the rear wall. Provide a toilet paper dispenser that is no more than 36 inches from the rear wall. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).

b. Walkways/Ramps

1) The first section of the walkway on the west side of the Park leading from the concession area into the park is roughly 83 feet long and has a slope that exceeds 1:20 in some areas, but lacks handrails and level landings. Alter this first section of the walkway so that it does not have a slope greater than 1:20 or install level landings and handrails that comply with the Standards. §§ 4.1.2(2), 4.3.7, 4.8 & Fig 16, 4.26.

2) The second section of the walkway on the west side of the Park leading to the water is roughly 240 feet long, has a slope that exceeds 1:12 and cross slopes that exceed 1:50 in some areas, and lacks level landings. Alter this second section of the walkway so that it does not have a slope greater than 1:12 or cross slopes greater than 1:50, and has level landings every 30 - 40 feet in compliance with the Standards. §§ 4.1.2(2), 4.3.7, 4.8 & Fig. 16.

10. The Borough shall complete the following modifications to the Municipal Parking Lots within 12 months of the effective date of this Agreement:

a. Gold Street Parking Lot

There are 31 public parking spaces; one is a designated accessible parking space with no access aisle. Two spaces are required, one of which must be van accessible. Alter the area to provide a minimum of two accessible spaces and aisles, with at least one van-accessible parking space served by an access aisle at least 96 inches wide, and install 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), 4.6.3, 4.6.4.

b. White Street Parking Lot

There are 283 public parking spaces; five are designated accessible parking spaces, including one van-accessible space. Seven spaces are required, including the van space. Establish two additional designated accessible parking spaces that are dispersed and located closest to accessible entrances of facilities served by the lot, and that otherwise comply with the Standards. §§ 4.1.2(5), 4.6.2, 4.6.3 & Fig. 9, 4.6.4.

c. English Plaza Parking Lot

There 110 public parking spaces; three are designated accessible parking spaces. None is van-accessible, two are not level and lack an access aisle, and the aisle of a third is less than 60 inches wide. Five spaces are required, including a van space. Establish five designated accessible parking spaces, one of which is van-accessible, that are dispersed and located closest to accessible entrances of facilities served by the lot, and that otherwise comply with the Standards. §§ 4.1.2(5), 4.6.2, 4.6.3 & Fig. 9, 4.6.4.

d. Linden-Wallace Parking Lot

There are 78 public parking spaces; two are designated accessible parking spaces, including one van-accessible space. Four spaces are required, including the van space. Establish two additional designated accessible parking spaces that are dispersed and located closest to accessible entrances of facilities served by the lot, and that otherwise comply with the Standards. §§ 4.1.2(5), 4.6.2, 4.6.3 & Fig. 9, 4.6.4.

e. Mechanic-Wallace Parking Lot

There are 181 public parking spaces; four are designated accessible parking spaces. None is van-accessible. Six spaces are required, including a van space. Establish two additional parking spaces, including one van-accessible space, that are dispersed and located closest to accessible entrances of facilities served by the lot, and that otherwise comply with the Standards. §§ 4.1.2(5), 4.6.2, 4.6.3 & Fig. 9, 4.6.4.

In order to ensure that the following spaces in City facilities, for which alterations commenced or will commence after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the Borough will take the following actions.

11. The Borough shall complete the following modifications to the Municipal Complex within 12 months of the effective date of this Agreement:

a. Parking

The only accessible parking space provided at the Municipal Complex is not van- accessible. Provide a space with a 96 inch wide access aisle and install 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.

b. Drinking Fountains

There are drinking fountains on the first, second, and third floors that are accessible to people who use wheelchairs but none that is accessible to people who have difficulty bending or stooping. Provide cup dispensers at the fountain on each of these floors at a standard height convenient to individuals who have difficulty bending. §§ 4.1.6(1)(b), 4.1.3(10)(a).

c. Men’s and Women’s Toilet Rooms

1) The toilets in the designated accessible stalls in the men’s first, second and fourth floor rooms and the women’s first floor room have flush controls on the closed, or narrow side of the stall. Alter each flush control so that it is on the open side of the stall, or install an automatic flush device.§§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.2, 4.16.5.

2) The pressure required to open the doors to the men’s and women’s toilet rooms on the second, third and fourth floors is greater than 5 lbf. Adjust the door closers so that the force required to open each door is no more than 5 pounds. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.2, 4.13.11(2)(b).

3) The coat hooks in the men’s second floor and the men’s and women’s third and fourth floor toilet rooms are mounted higher than 54 inches above the finish floor. Provide coat hooks that they are no higher than 48 inches above the finish floor for a front approach or, if a front approach is not available, no higher than 54 inches above the finish floor for a side approach. §§ 4.1.6(1)(b), 4.1.3(12), 4.25.3, 4.2.5, 4.2.6.

4) The centerlines of the toilets in the designated accessible stalls in the men’s second, third and fourth floor rooms exceed 18 inches from the side wall. Remount each 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).

5) The height of the lavatories in the men’s second, third and fourth floor toilet rooms provides a clearance of 27-28 inches from the finish floor to the bottom of the apron and a knee clearance that is 7 inches deep. Reposition or provide a lavatory in each room that has a clearance of at least 29 inches above the finish floor to the bottom of the apron and a knee clearance that is at least 8 inches deep and 27 inches above the finish floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.2 & Fig. 31.

d. Tables

The counsel tables in the courtroom and the interview tables in the Detective B offices are not accessible to persons who use wheelchairs because of inadequate knee space. Provide a table in each room that can be used by persons who use wheelchairs. See Standards §§ 4.32.3, 4.32.4.

e. Police Department

1) The service counter is 43 1/2 inches high. The records counter is 44 inches high. Provide a counter at these locations that is at least 36 inches wide and no more than 36 inches high; provide an auxiliary counter with a maximum height of 36 inches; or provide equivalent facilitation (e.g., by offering these services at an accessible location for individuals who use wheelchairs). §§ 4.1.6(1)(b), 7.2(2).

2) The toilet in the holding cell has no grab bars, its centerline is not 18 inches from a side wall, and it has a seat that is 15 1/2 inches above the finish floor. Provide a toilet in a holding cell that complies with the Standards, or, effective the date of this Agreement, ensure that persons with mobility impairments who are held in these cells will be escorted to the public unisex toilet room upon request. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16 & Fig. 28.

In order that each of the Borough’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 mobility impairments, the Borough will take the following actions.

12. Department of Public Works

The Department of Public Works is inaccessible to people with disabilities. Within 60 days of the effective date of this Agreement, the Borough will post a notice on its Internet Home Page and on the main entrance of the facility offering to issue Department permits at the accessible Municipal Complex, as requested, and will make the necessary arrangements for this off-site service. The notice will include the name, address, and telephone number of the contact person who will arrange accessible services. The Borough will refresh and update the notice at both locations for the life of this Agreement.

13. The Borough shall complete the following modifications to the Count Basie Park within 24 months of the effective date of this Agreement:

a. Parking and Accessible Routes

1) The designated accessible parking space provided in the lot near the pond has no access aisle and has a surface slope and cross slope greater than 1:50. Provide a space and a 96 inch wide access aisle that have surface slopes not exceeding 1:50 in all directions, and install 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), 4.6.3, 4.6.4.

2) The curb ramp from the parking lot to the walkway to the pond has a slope that exceeds 1:12; a width of less than 36 inches, exclusive of flared sides; and has an abrupt 1 inch change in level as it meets the lot surface. Alter the ramp so that its slope is not greater than 1:12, it has a minimum width of 36 inches exclusive of flared sides, and the transition between the ramp to the lot surface is flush and free of abrupt changes. §§ 4.1.2(1), 4.3.8, 4.7.2, 4.7.3, 4.8.2.

3) The designated accessible parking spaces provided in the lot near the ball fields lack access aisles. Alter the area to provide a minimum of three accessible spaces and aisles, with at least one van-accessible parking space served by an access aisle at least 96 inches wide, and install 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), 4.6.3 & Fig. 9, 4.6.4.

4) The curb ramp from the parking lot to the walkway to the ball fields has an abrupt 1 inch change in level as it meets the parking lot surface and a slope that exceeds 1:12. Alter the ramp so that the transition between the ramp to the walkway is flush and free of abrupt changes and its slope does not exceed 1:12. §§ 4.1.2(1), 4.3.8, 4.7.2.

5) The curb ramp from the parking lot to the main ticket booth has an abrupt 1 inch change in level as it meets the parking lot surface and a slope that exceeds 1:12. Alter the ramp so that the transition between the ramp to the walkway is flush and free of abrupt changes and its slope does not exceed 1:12. §§ 4.1.2(1), 4.3.8, 4.7.2.

6) The curb ramp from the brick sidewalk at Bergin Place to the park driveway has a slope that exceeds 1:12. Alter the ramp so that its slope does not exceed 1:12. §§ 4.1.2(1), 4.3.8, 4.7.2, 4.8.2.

7) The route from the main ticket entrance to the football field and bleachers has a cross slope that exceeds 1:50. Provide a route from the main entrance to the bleachers that is 36 inches wide and has a cross slope no greater than 1:50 and a running slope no greater than 1:20. §§ 4.1.2(2), 4.3.7.

8) There is no accessible route from the accessible parking into the playground because the area is edged with timber. Remove a portion of the edging. §§ 4.1.2(2), 4.3.8, 4.5.2.

9) There is no accessible route from the accessible parking to the soccer and baseball fields because the main, paved route to the area has abrupt changes in level beyond 1/4 inch and the field areas are entirely grass. Establish an accessible route from accessible parking to these fields and establish locations for wheelchairs in spectator areas that is firm, stable, and slip resistant and without abrupt changes in level beyond 1/4 inch. §§ 4.1.2(2), 4.2, 4.3, 4.5.

b. Ticket Counter

The top of the main ticket counter is 47 inches above the ground. Provide a counter that is at least 36 inches wide and no more than 36 inches high; provide an auxiliary counter with a maximum height of 36 inches; or provide equivalent facilitation (e.g., by offering to sell tickets in front of the counter to individuals who use wheelchairs). § 7.2(2).

c. Football Field Bleachers

There are no wheelchair locations in the spectator seating at the football field. Establish wheelchair locations in the spectator seating area, adjoin an accessible route, have adjacent companion seats, and have lines of sight comparable to those for the general public in coordination with the Architectural Unit of the Department of Justice. §§ 4.1.3(19)(a), 4.3, 4.5, 4.33 & Fig.46.

d. Men’s and Women’s Public Toilet Rooms

The toilet rooms in the park are inaccessible. Renovate the men’s and women’s toilet rooms so that the route into the rooms and the spaces and elements in each room -- including the room identification signage, entry door, clear floor space, turning space, accessible route within the room, water closet, stall (if provided), grab bars, urinal (men’s only, if provided), lavatory, mirror, controls and dispensers -- comply with the Standards, or convert one room into an accessible unisex toilet room that complies with the Standards. §§ 4.1.6(3)(e)(i), 4.1.3(11), 4.22, 4.2, 4.3, 4.13, 4.16 and Figs 28 & 29, 4.17 & Fig. 30, 4.19 and Figs. 31 & 32, 4.26, 4.27, 4.30.

14. The Borough shall complete the following modifications to the Marine Park within 12 months of the effective date of this Agreement:

a. Parking and Accessible Route

1) There are 66 public parking spaces; two are designated accessible parking spaces but have no access aisle. Three spaces are required, including a van space. Alter the area to provide a minimum of three accessible spaces and aisles, with at least one van-accessible parking space served by an access aisle at least 96 inches wide, and install 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), 4.6.3 & Fig. 9, 4.6.4.

2) The built-up curb ramp leading from the accessible parking to the waterfront has an abrupt 1 inch change in level as it meets the parking lot surface. Replace or alter the ramp so that the transition between the ramp and the lot surface is flush and free of abrupt changes. §§ 4.1.2(1), 4.3.8, 4.7.2.

3) The built-up curb ramp leading from the accessible parking to the walkway to the playground has an abrupt 1 inch change in level as it meets the walkway. Alter the ramp so that the transition between the ramp and the walkway is flush and free of abrupt changes. §§ 4.1.2(1), 4.3.8, 4.7.2.

4) The entryway to the playground has a threshold that exceeds 1/2 inch and is joined to the walkway by a ramp that has a slope greater than 1:12. Provide a ramp into the playground that has a slope of 1:12 or less and a threshold that does not exceed 1/2 inches and beveled with a slope no greater than 1:2. §§ 4.1.2(2), 4.3.8, 4.3.9, 4.8.2, 4.13.8.

15. The Borough shall complete the following modifications to the Red Bank Library within 24 months of the effective date of this Agreement:

a. Parking and Accessible Route

1) There are 13 public parking spaces; 2 of these are designated accessible parking spaces but the vehicle spaces are 91 inches wide and there is no designated “van-accessible” space. Provide at least one van-accessible space with a vehicle space at least 96 inches wide that is served by an access aisle at least 96 inches wide, and install 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), 4.6.3 & Fig. 9, 4.6.4.

2) The current designated accessible parking spaces are not on an accessible route to the Library entrance. The curb ramp leading from the spaces to the sidewalk has a slope that exceeds 1:12 and a cross slope at the top exceeding 1:50. The route from the ramp to the street has a cross slope exceeding 1:50. Locate the van-accessible parking space so that its surface slopes do not exceed 1:50 in all directions, and provide a route from the space to the Library entrance that has a running slope no greater than 1:20 and a cross slope no greater than 1:50. §§ 4.1.2(2), 4.3.7, 4.3.8, 4.6.3, 4.7.2, 4.8.2, 4.8.6.

b. Vestibule

1) There are double leaf doors leading from the vestibule into the Library; each has a clear opening width of 27 inches. Provide at least one active leaf with a minimum clear opening of 32 inches measured from the face of the door to the opposite door stop with the door open 90 degrees.§§ 4.13.4, 4.13.5.

2) The public telephone located in the vestibule has its highest operable part 67 inches above the finish floor and insufficient clear floor space because it is located within the swing of the door to the Library proper. Provide a public telephone that has its highest operable part no more than 48 inches above the finish floor for a forward reach, or, if that is not available, no more than 54 inches above the finish floor for a side reach, and provide clear floor space at the telephone that complies with the Standards. §§ 4.31.2 & Fig. 44, 4.31.3, 4.2.4, 4.2.5, 4.2.6.

c. Aisles

The clear aisle width between stacks is 28 3/4 to 33 1/2 inches. Provide aisles that have a clear minimum width of 36 inches ( 42 inches preferred where possible), or post a permanent notice in a conspicuous location that Library staff are available to assist patrons who use wheelchairs. §§ 8.5, 4.3.3.

d. Board Room

The accessible route leading to the Board Room narrows to 28 inches between the desk and the stairs. Maintain an accessible route that has a clear minimum width of 36 inches. § 4.3.3, 28 C.F.R. § 35.133.

e. Bottom Floor of Library (Children’s Section and Toilet Rooms)

The Children’s Section and Library toilet rooms are not accessible because they are located on a bottom floor that can only be reached by stairs. Additionally, the spaces and elements within the toilet rooms do not comply with the Standards. The Borough indicated that there are plans to install an elevator and renovate the toilet rooms.

1) In order to ensure that the anticipated alterations to the Library are readily accessible to and usable by individuals with disabilities, the Borough agrees that the alterations will conform to the ADA Standards for Accessible Design. §§ 4.1.6(1)(b); 4.10 (elevators); 4.1.3(11), 4.22, 4.2, 4.3, 4.13, 4.16 and Figs 28 & 29, 4.17 & Fig. 30, 4.19 and Figs. 31 & 32, 4.26, 4.27, 4.30 (toilet rooms).

2) Pending the completion of alterations the Borough will, within 90 days of the effective date of this Agreement, develop a written plan for the provision of library services to persons with mobility impairments who cannot fully utilize the Library, and submit a copy of the plan to the Department for review and approval.

3) Within 30 days of the Department’s written approval (with modifications, if necessary), the Borough will implement and continually publicize through Library communications, at minimum, the approved Library program for the provision of services to persons with mobility impairments who cannot fully utilize the Library. The program will cease upon the Department’s determination that the Borough has completed alterations to the Library in compliance with the Standards. 28 C.F.R. §§ 35.149, 35.150.

In order that the Borough’s sidewalks described below, which constitute a program or service, are readily accessible to and usable by persons with mobility impairments, the Borough will take the following actions.

16. The Borough shall forward a letter to the New Jersey Department of Transportation informing them of the following modifications of the specified areas of the Streetscape that need completion.

a. Streetscape Curb Ramp

The Streetscape comprises the Broad Street business district from West Front Street to Harding Road. It includes a diagonal, bricked curb ramp at the corner of United Telecom, 102 W. Front Street, that has a traffic light pole in the middle of it. Provide a curb ramp that is sufficiently wide and unobstructed as to be usable by a person who uses a wheelchair. See Standards §§ 4.3.3, 4.4.1, 4.7.3.

IMPLEMENTATION AND ENFORCEMENT

17. Any new construction or future alterations undertaken by the Borough will be done in a manner that complies with the Standards.

18. Except as otherwise specified in this Agreement, at 90 and 180 days after the effective date of this Agreement, and thereafter for the term of this Settlement Agreement at yearly anniversaries of the effective date, the Borough will submit detailed written reports to the Department summarizing the actions the Borough has taken pursuant to this Agreement. These reports will include photographs, architectural plans, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations.

19. 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 Borough 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 Borough, 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.

20. 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.

21. In the event that the Borough 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 it may initiate appropriate steps to enforce section 504 of the Rehabilitation Act.

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

23. 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.

24. Attached hereto as Attachment C is the Borough of Red Bank’s Compliance Chart, which hereby accepted by the Department of Justice as the compliance plan of the Borough of Red Bank.

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

26. This Agreement will remain in effect for three years after the date of the final deadline set forth in this Agreement.

27. The person signing for the Borough of Red Bank represents that he is authorized to bind the Borough to this Agreement.

For the Borough:	For the United States:
_______________________________ Mayor Edward J. McKenna, Jr. Borough of Red Bank 91 Monmouth Street Red Bank, New Jersey 07701 Date:_______10/28/02___________	RALPH F. BOYD Assistant Attorney General Civil Rights Division By:____________________________ JOHN L. WODATCH, Chief SUSAN BUCKINGHAM REILLY, Deputy Chief NATALIE SINICROPE, Investigator Disabilty Rights Section Civil Rights Division U.S. Department of Justice 950 Pennsylvania Avenue., N.W. Washington , DC 20530 Date:________10/30/02______

Attachment A

The Borough of Red Bank
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 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:

_________________________

Within 15 calendar days after receipt of the complaint, the Mayor 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 Mayor or his/het 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 Borough and offer options for substantive resolution of the complaint.

If the response by the Mayor or his/her designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision of the Mayor within 15 calendar days after receipt of the response to the ______________ or his/her designee.

Within 15 calendar days after receipt of the appeal, the ______________ or his/her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the ______________ 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 Mayor or his/her designee, appeals to the ______________ or his/her designee, and responses from these two offices will be retained by the Borough for at least three years.


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Attachment B

NOTICE
UNDER THE
AMERICANS WITH DISABILITIES ACT

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

The Borough does not discriminate on the basis of disability in its hiring or employment practices. The Borough 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 Borough 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 Borough’s business. The Borough will make an individualized assessment of whether a qualified individual with a disability meets selection criteria for employment decisions. 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 Borough 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 Borough program, service, or activity, should contact the office of _________________, ADA Coordinator, at_______(voice) and ___________(TDD or relay), as far in advance as possible but no later than 48 hours before the scheduled event.

The Borough can be reached by telecommunications devices for the deaf (TDD) at ______________and also through the_____Relay Service at (TDD)

Complaints that the Borough program, service, or activity is not accessible to persons with disabilities should be directed to____________.

The Borough 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.


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July 16, 2004