SETTLEMENT AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND
THE SANTA CLARA COUNTY SUPERIOR COURT
Department of Justice Complaint Number 204-11-90
This Settlement Agreement ("Agreement") fully resolves
the issues
raised in 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
Santa
Clara County Superior Court ("Court"). The complaint
alleges that
the Court's policies and procedures for providing assistive
listening systems
and other auxiliary aids and services do not ensure effective
communication
with hard of hearing persons. This limits the participation of
hard of hearing
individuals in the Court's programs, services and activities. The
parties
have engaged in extensive discussion concerning the issues and
determined
that the agreements made herein will resolve this complaint.
The parties hereby agree as follows:
1. The subject of this Settlement Agreement is the provision of
appropriate
auxiliary aids and services to ensure effective communication and
an equal
opportunity for hard of hearing persons to participate in the
programs,
services and activities conducted by the Court.
2. The Court will furnish appropriate auxiliary aids and services
when necessary
to afford hard of hearing individuals the opportunity to
participate in
Court activities in accordance with California State Rule of
Court 989.3,
Requests for Accommodations by Persons With Disabilities.
Auxiliary aids
and services may include qualified sign or oral interpreters,
assistive
listening devices or systems, real time transcription, written
materials,
note pads and other effective methods of making aurally delivered
materials
available to hard of hearing individuals.
3. The Court will provide an opportunity for hard of hearing
individuals
to request the auxiliary aid or service of their choice, and will
give primary
consideration to the choice expressed. "Primary
consideration"
means that the Court will honor the choice, unless it can be
shown that
another equally effective means of communication is available, or
that the
use of the means chosen would result in a fundamental alteration
in the
nature of the program, service or activity, or in an undue
financial or
administrative burden.
4. The Santa Clara County Court system consists of 54 courtrooms,
located
in six buildings throughout the county. The Court will provide
appropriate
assistive listening technology for any courtroom in the system to
meet the
needs of hard of hearing persons for effective communication.
5. The Court will develop a written policy for provision of
auxiliary aids
or services when necessary to ensure effective communication in
the Court
system's programs, services and activities. The policy and its
implementing
procedures will include the following:
A) the name, office address and telephone number of the individual(s) responsible for providing appropriate auxiliary aids and services;
B) procedures delineating how one requests an aid or service, including:
* the name, office address and telephone number of the individual(s) directly responsible for responding to the request;
* where one calls or writes to make a request;
* the date by which the requester will be informed of the outcome of his or her request;
C) specific procedures regarding maintenance of auxiliary aids and services, including assistive listening systems. These procedures must detail when, where and how the equipment will be maintained in good operating order and who is responsible for such maintenance.
In each Court Clerk's office, the Court will post a notice in a conspicuous location advising individuals with disabilities of the procedures to make a request for an auxiliary aid or service.
6. The Court will ensure that availability of auxiliary aids
and services
will be well posted in all Superior Court buildings. Appropriate
written
notices, signage, and other communications with the public will
include
information regarding the policy for providing special
accommodations. Written
notices will identify responsible staff and explain how to
acquire services.
7. The Court will distribute the policy and procedures outlined
in paragraph
5 to all judges and staff. Within 90 days of the effective date
of this
Agreement, the Court will provide training to appropriate staff
concerning
implementation of these policies and procedures for ensuring
effective communication
with hard of hearing individuals. The training will emphasize the
differences
in the communication needs of hard of hearing individuals as
compared with
deaf persons, and the different methods of communicating with
hard of hearing
persons via telephone and in the courtroom. The training will
also cover
operation, use and maintenance of auxiliary aids and services,
including
a plan of scheduled maintenance.
8. The Court will monitor the implementation of the policy and
procedures
outlined in paragraph 5 for two years. The Court will continue to
compile
statistics on all required information and report monthly to the
Judicial
Council. The Court will update its assistive listening technology
and/or
obtain additional equipment when deemed appropriate by the Court,
and consistent
with the ADA, to meet the needs of individuals with hearing
disabilities.
9. Within 60 days of the effective date of this Agreement, the
Court will
submit a report to the Department of Justice describing the
actions taken
to implement the provisions of this Agreement.
10. The Department of Justice may review compliance with this
Agreement
at any time. If it believes that this Agreement or any
requirement thereof
has been violated, the Department of Justice may institute civil
action
seeking specific performance of the provisions of this Agreement
in an appropriate
United States District Court.
11. The effective date of this Agreement is the date of the last
signature
below.
12. This Agreement constitutes the entire agreement between the
parties
on the matters addressed herein. No other statement, promise or
agreement,
either written or oral, made by either party or agents of either
party,
that is not contained in the written Agreement, will be
enforceable.
For the United States of America:
Deval L. Patrick
By:
Joan Magagna, Deputy Chief
Sheila Foran, Attorney
Thomas Esbrook, Equal Opportunity Specialist
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
(202) 307-0663
Dated:
For the Santa Clara County Superior Court:
Judge Biafore
Presiding Judge
Santa Clara County Superior Court
Stephen V. Love
Court Executive Officer
Melanie C. Conroy
Facilities Manager
John Longabaugh
Equal Opportunity Division
Dated:
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