Settlement Agreement
between
the United States of America
and
the City of Sheboygan
Regarding the Accessibility of Polling Places

This settlement agreement (the "Agreement") is entered into between the United States of America and the City of Sheboygan (collectively, the "Parties").

BACKGROUND

1. The United States Department of Justice (the “Department”) opened an investigation of the City of Sheboygan (the “City”) under Title II of the Americans with Disabilities Act of 1990, as amended (“ADA”), 42 U.S.C. §§ 12131 – 12134, and Title II’s implementing regulation, 28 C.F.R. pt. 35, to determine the physical accessibility of City’s polling places for people with mobility and vision disabilities. Title II of the ADA prohibits a public entity from excluding individuals with disabilities from participation in or denying them the benefits of its voting program or subjecting them to discrimination on the basis of disability. 42 U.S.C. § 12132; 28 C.F.R. §§ 35.130(a) & 35.149. Title II also prohibits a public entity from selecting facilities to be used as polling places that have the effect of excluding individuals with disabilities from or denying them the benefits of the voting program or otherwise subjecting them to discrimination. 28 C.F.R. § 35.130(b)(4). Title II requires a public entity to administer its services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities. 28 C.F.R. § 35.130(d).
2. The City is a “public entity” within the meaning of the ADA, 42 U.S.C. § 12131(1), and 28 C.F.R. § 35.104, and is, therefore, subject to Title II of the ADA, 42 U.S.C. §§ 12131-12134, and its implementing regulation, 28 C.F.R. pt. 35.
3. The Department is authorized under the ADA to determine the City’s compliance with Title II of the ADA and Title II’s implementing regulation and to resolve this matter by informal resolution, such as through the terms of this settlement agreement. If informal resolution is not achieved, the Department is authorized to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. 28 C.F.R. pt. 35, Subpart F. The Attorney General is authorized, under 42 U.S.C. § 12133, to bring a civil action to enforce Title II of the ADA.
4. The City, through the office of its Clerk, is responsible for reviewing the accessibility of each polling place and selecting each polling place. The City has 9 polling place locations for election day or early voting.
5. During the April 5, 2016 election, the Department surveyed all of the City’s polling place locations. The Department found that several of the City’s polling places contained conditions that were potential barriers to access for individuals with disabilities; the Department thus concluded that the City violated Title II by failing to select facilities to be used as polling places that are accessible to persons with disabilities. The City does not agree that it violated Title II but states its policy is to provide barrier-free access to all the City’s polling places, and agrees to comply with Title II and assure that all of its voters have equal opportunity to participate in its voting programs, services, and activities.

TERMS OF SETTLEMENT

Consideration

6. In consideration of the mutual promises contained in this Agreement, which the parties acknowledge constitute good and valuable consideration, and to avoid the costs, expenses, and uncertainty of litigation, the Parties, intending to be legally bound, enter into this Agreement.

Definitions

7. “Accessible on Election Day” means that a polling place is compliant with the 2010 ADA Standards for Accessible Design (“2010 Standards”) on Election Day, whether such compliance is achieved through permanent architectural measures or through the use of temporary measures such as those provided for in Paragraph 17 below.
8. “Effective Date” of this Agreement is the date of the last signature below.
9. “Election” or “Election Day” as used in this Agreement shall include both the period of Early Voting and Election Day.
10. “Election Day Surveyors” or “EDSs” are City personnel (or contractors) who will review compliance at polling place locations where temporary measures are to be implemented on Election Day.

Obligations of City

1. Accessible Voting Program
   11. The City shall not exclude individuals with disabilities from participating in or deny them the benefits of the voting program, or subject them to discrimination, on the basis of disability. 42 U.S.C. § 12132; 28 C.F.R. §§ 35.130(a) & 35.149. The City shall select facilities to be used as polling places that do not exclude individuals with disabilities from or deny them the benefits of the polling place, or otherwise subject them to discrimination. 42 U.S.C. § 12132; 28 C.F.R. § 35.130(b)(4). The City shall administer its voting program in the most integrated setting appropriate to the needs of persons with disabilities. 28 C.F.R. § 35.130(d).
   12. For all elections occurring after the Effective Date of this Agreement, the City will implement temporary measures to remediate issues at polling places where it has no ability to implement permanent measures to prevent potential barriers for access.
   13. The City has implemented permanent measures to remediate all issues at City-owned and/or City-operated polling places.
   14. Nothing in this Agreement limits the City from making ADA-compliant, permanent modifications to its polling place locations instead of providing temporary remedial measures or relocating a polling place location.
   15. The City shall maintain in operable working condition on Election Day those features of facilities and equipment (including, but not limited to, permanent equipment such as lifts and elevators, and temporary equipment such as portable ramps, traffic cones, signs, wedges, and door stops) that are required to make polling places accessible to and usable by persons with disabilities. 28 C.F.R. § 35.133(a). If circumstances arise such that a polling place location that was previously accessible is no longer accessible because a feature of the facility or equipment is no longer operable, then the City shall purchase new equipment or relocate the polling place to an alternative, accessible location pursuant to the process established in Paragraph 18 of this Agreement. If remediation or relocation to an accessible facility is impossible, as agreed to by the United States, then the City agrees to comply with Title II’s program accessibility requirements.
   16. The City will cooperate fully with the United States’ efforts to monitor compliance with this Agreement, including, but not limited to, providing the United States with timely access to polling places (including on Election Day), maps, surveys, and other requested information.
   17. The City agrees that the following measures are reasonable and will be implemented where necessary to make an otherwise inaccessible polling place accessible on Election Day. The list of measures is not exhaustive; the City may propose other reasonable temporary measures subject to the review and approval of the United States.
       1. Portable ramps (including curb ramps) up to and including ramps six feet long, with side edge protection.
       2. Portable wedges or wedge ramps.
       3. Floor mats.
       4. Traffic cones.
       5. Relocating furniture or other moveable barriers.
       6. Door stops.
       7. Propping open doors.
       8. Unlocking doors.
       9. Signage, including parking signage.
       10. Portable buzzers or door bells.
       11. Removing astragals (door posts) that are not a permanent part of the structure from doorways.
2. Survey and Review of Polling Place Locations
   18. For all elections occurring after the Effective Date of this Agreement, the City shall review any newly proposed polling place location to determine whether it is accessible to persons with disabilities or could be made accessible on Election Day through the use of the remedial measures provided for in Paragraph 17 of this Agreement or through permanent modifications.  In the event that the City decides to use a new polling place location, it will inform the United States of that decision within 45 days.  Upon request, the City will meet and confer with the United States concerning any potential issues at any new polling place location selected by the City.  If the issue cannot be resolved to the United States’ satisfaction, the City will propose another polling place location subject to the notification and review process provided by this paragraph.
   19. If the City finds that it cannot implement a previously agreed to or approved remedial measure regarding a specific polling place location, the City will immediately notify the United States and, upon request, meet and confer with the United States. If the issue cannot be resolved to the United States’ satisfaction, the City will relocate the polling place location to an alternative accessible location pursuant to the process established by Paragraph 18 of this Agreement.
3. Training
   20. Prior to each election during the term of this Agreement, as part of its training program for election officers and poll workers (hereinafter, “election officials”), the City will provide training concerning temporary remedial measures, including: (a) why such measures are necessary; (b) how the measures must be implemented (e.g., how to install ramps, the placement of mats over, and not in front of, thresholds); and (c) a description of the role of the City’s Election Day Surveyors (EDSs), as set forth in Paragraph 23 of this Agreement, and the need to follow the instructions of the EDSs regarding the implementation of temporary measures on Election Day.
   21. After the first election occurring after the Effective Date of this Agreement, and for each election thereafter during the term of this Agreement, the City will identify each election official whose polling place was the subject of a report from the previous election indicating that a temporary modification was not implemented properly and will explain the noncompliance to the election official and what must be done to remedy the identified issue(s) on Election Day. The election official will be asked to initial the noncompliance report.
   22. Prior to each election during the term of this Agreement, the City will provide training to all EDSs designated pursuant to Paragraph 23 of this Agreement. The training of the EDSs will address: (a) temporary measures, including why they are needed and how the measures must be implemented (e.g., how to install ramps, the placement of mats over, and not in front of, thresholds); (b) how to resolve errors in the implementation of temporary measures on Election Day; (c) how to document the implementation of temporary measures on Election Day; and (d) what the EDSs are required to do to implement the requirements of this Agreement.
4. Election Day Compliance Review
   23. Beginning with the first election occurring after the Effective Date of this Agreement, and throughout the duration of this Agreement, the City will designate City personnel (or contractors) as EDSs to review compliance at the polling place locations, including locations where temporary measures are to be implemented on Election Day.
5. Enforcement Provisions
   24. If at any time one of the Parties to this Agreement desires to modify any portion of this Agreement, it will promptly notify the other Party in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. The Party receiving a request to modify the Agreement will not unreasonably delay notifying the requesting Party as to whether it will agree to the proposed modification. No modification will take effect unless and until the Parties memorialize the agreed upon modification in writing.
   25. All notices, demands, or other communications, including reporting materials, to be provided under this Agreement shall be in writing and delivered by email or overnight delivery to the following persons and addresses (or such other persons and addresses as any party may designate in writing from time to time):

       For the United States:

       U.S. Attorney’s Office
       Assistant United States Attorney Michael Carter
       517 E. Wisconsin Ave., Suite 530
       Milwaukee, WI 53202

       For City of Sheboygan:
       City Attorney’s Office
       828 Center Ave., Suite 304
       Sheboygan, WI 53081-4442

   26. The United States may review compliance with this Agreement at any time. If the United States believes that the City has failed to comply in a timely manner with any requirement of this Agreement, or that any requirement has been violated, the United States will so notify the City in writing and will attempt to resolve the issue in good faith. If the United States is unable to reach a satisfactory resolution of the issue within thirty (30) days of the date it notifies the City, the United States may file a civil action in federal district court to enforce the terms of this Agreement or take any other action to enforce Title II of the ADA.
   27. Failure by the United States to enforce a deadline or provision in this Agreement will not be construed as a waiver of the United States’ right to enforce any deadlines or provisions of this Agreement.
   28. A copy of this document will be made available to any person by the City on request.
   29. This Agreement shall be applicable to and binding upon the City, its officers, agents, employees, and assigns.
   30. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement or promise, written or oral, made by any party or agents of any party, that is not contained in this written Agreement shall be enforceable.
   31. This Agreement is limited to resolving claims under Title II of the ADA related to the facts specifically set forth in Paragraphs 1-5 above concerning physical accessibility of polling places. Nothing in this Agreement relates to other provisions of the ADA or affects the City’s obligations to comply with any other federal, state, or local statutory, administrative, regulatory, or common law obligation, including those relating to nondiscrimination against individuals with disabilities.
   32. This Agreement will remain in effect for three years from the Effective Date.
   33. The person signing for the City represents that he or she is authorized to bind the City to this Agreement.