SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

TOWN OF ROCKY HILL, CONNECTICUT

UNDER THE AMERICANS WITH DISABILITIES ACT

DJ # 202-14-117

1. The Parties to this Settlement Agreement (“Agreement”) are the United States of America (“United States“) and the Town of Rocky Hill (“Rocky Hill” or “Town”).
2. The United States is authorized to investigate alleged violations of title II of the ADA, and to bring a civil action in federal court if the United States is unable to secure voluntary compliance.  42 U.S.C. § 12133.
3. The Town is a public entity covered by title II of the Americans with Disabilities Act (“ADA”). 42 U.S.C. § 12131-12132; 28 C.F.R. § 35.104, 35.130.
4. This matter was initiated by a complaint filed under title II of the ADA, 42 U.S.C. §§ 12131 et seq., with the United States Attorney’s Office for the District of Connecticut against the Town of Rocky Hill.
5. In the complaint, the Complainants alleged that the Town of Rocky Hill discriminated on the basis of disability against their son, who has Type I diabetes, by refusing to reasonably modify their policies, practices, or procedures so that he could participate in their Summerscape summer camp program in 2011.  28 C.F.R. § 35.130(b)(7).  It was further alleged that the Town subjected the Complainants, who are known to have a relationship or association with a person with a disability, to discrimination by denying them equal access to programs that were offered to parents of children without disabilities.  28 C.F.R. § 35.130(g).
6. In response to these allegations, the Town of Rocky Hill denied that it discriminated against the Complainants and their son on the basis of disability.  Rocky Hill further contended that it was willing to modify its policy, practices, or procedures to enable the Complainants’ son to participate in the summer camp, but that by the time it communicated that decision to the Complainants, the Complainants decided not to send their son to Summerscape program. 
7. Title II of the ADA prohibits state and local governments from discriminating against any individual with a disability, on the basis of disability, by excluding such individual from participation in or denying such individual the benefits of the services, programs, or activities of the public entity.  42 U.S.C. § 12132; 28 C.F.R. § 35.130(a).  Title II requires state and local governments to make reasonable modifications in policies, practices, and procedures as necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.  42 U.S.C. § 12132; 28 C.F.R. § 35.130(b)(7).  Title II also prohibits public entities from discriminating against an individual because of the known disability of an individual with whom the individual is known to have a relationship or association.  28 C.F.R. § 35.130(g). 
8. The parties now desire to resolve this matter consistent with this Agreement, including all matters in controversy between them which were, or could have been, asserted in the Complaint.
9. The Town of Rocky Hill’s participation in this Settlement Agreement shall not constitute or be construed as an admission of liability.  The Town of Rocky Hill expressly denies that it has violated any law, engaged in any practice of discrimination or denied equal opportunity to individuals with disabilities or those associated with such individuals.  
10. In consideration of the terms of this Settlement Agreement, the United States agrees to refrain from undertaking further action in this case, except as provided in Paragraph P.
11. Consistent with the ADA, the Town of Rocky Hill will not discriminate against any individual on the basis of disability, including those with Type I diabetes, in the full and equal enjoyment of its services, programs or activities, including by refusing or failing to making reasonable modifications in its services, programs or activities, whenever necessary to avoid discrimination.
12. The Town of Rocky Hill will adopt, maintain, and enforce the policy attached hereto, and by reference incorporated herein, as Exhibit 1 to this Agreement on prohibition of discrimination on the basis of disability.  Within ten (10) days of the effective date of this Agreement, the Town of Rocky Hill will post a copy of the policy in a conspicuous area of Town Hall where members of the public can readily read the policy.  Within twenty (20) days of the effective date of this Agreement, the Town of Rocky Hill will include on its website (http://www.ci.rocky-hill.ct.us) a statement of the policy.  
13. On or before June 30, 2012, the Town of Rocky Hill shall provide mandatory training on the ADA and its prohibition on discrimination on the basis of disability for all of its employees in the Parks and Recreation Department who interact with the public and/or who are managers.  The trainer and curriculum for such training shall be subject to approval by the United States, which approval will not be unreasonably denied.  In lieu of this training requirement, the Town of Rocky Hill may permit its Parks and Recreation employees to attend a comparable ADA training program conducted by the U.S. Department of Justice, if available, before June 30, 2012.  
14. As consideration for the parties’ mutual agreement to be bound by the terms of this Agreement, and whereas the parties desire to settle all matters in controversy between them, the Town of Rocky Hill agrees to pay the Complainants the sum of one thousand six hundred fifty dollars ($1,650.00).  Within thirty (30) days of the effective date of this Agreement, (counsel for) the Town of Rocky Hill will send a copy of this Agreement and Exhibits 2 and 3, hereto attached, to the Complainants by certified mail, return receipt requested, or by Federal Express.  The Complainants must return an executed Release of All Claims, Exhibit 3, to (counsel for) Town of Rocky Hill within thirty (30) days of receipt of said documents.  The Town of Rocky Hill will send the undersigned counsel for the United States a copy of Exhibits 2 and 3 when they are sent to the Complainants.
15. Within thirty (30) days of receipt of the signed Release of All Claims, the Town of Rocky Hill will issue or cause to be issued, a draft in the amount of one thousand six hundred fifty dollars ($1,650.00) and will have it sent to the Complainants, by certified mail, return receipt requested, or by Federal Express.  The Town of Rocky Hill will provide to the United States a copy of the draft and transmittal letter sent to the complainants.
16. The United States may review compliance with this Agreement at any time.  If the United States believes that the Town of Rocky Hill has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the United States for a modification of the relevant terms, the United States will so notify the Town of Rocky Hill in writing and the Parties will attempt to resolve the issue or issues in good faith.  If the United States is unable to reach a satisfactory resolution of the issue or issues raised within thirty (30) days of the date it provides notice to the Town of Rocky Hill, it may institute a civil action in federal district court to enforce the terms of this Agreement or the requirements of title II of the ADA.
17. Failure by the United States to enforce this Agreement with respect to any deadline or other provision herein will not be construed as a waiver of the United States’ right to enforce other deadlines and provisions of this Agreement.
18. A copy of this document or any information contained in it will be made available to any person on request by the Town of Rocky Hill or the United States.
19. 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, which are hereby incorporated by reference), will 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 Town of Rocky Hill’s continuing responsibility to comply with all aspects of the ADA.
20. This Agreement shall be binding on the Town of Rocky Hill, its agents and employees. 
21. This Agreement will remain in effect for three (3) years.
22. The effective date of this Agreement is the date of the last signature below.

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