SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

WARREN COUNTY, ILLINOIS

DEPARTMENT OF JUSTICE COMPLAINT NUMBER 204-24-42

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Settlement Agreement | Department of Justice Press Releases

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 Warren County, Illinois ("County"). 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 complaint alleges that the County has not completed its self-evaluation and transition plan as required by 28 C.F.R. § 35.105 and § 35.150(d), respectively.

The Department expanded the scope of the investigation to include the County's compliance with the following title II requirements:

• to notify applicants, participants, beneficiaries, and other interested persons of their rights and the County's obligations under title II and the Department's regulations, 28 C.F.R. § 35.106;
  
  
• to designate a responsible employee to coordinate its efforts to comply and carry out the County's ADA responsibilities, 28 C.F.R. § 35.107(a);
  
  
• to establish a grievance procedure for resolving complaints of violations of title II, 28 C.F.R. § 35.107(b);
  
  
• 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, 28 C.F.R. § 35.150, by:
  

• delivery of 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,
  
  
• physical changes to buildings (required to be made by January 26, 1995), 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");
  

• to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others, including furnishing auxiliary aids and services when necessary, 28 C.F.R. § 35.160;
  
  
• where the County communicates by telephone, to communicate through a teletypewriter ("TTY"), or other equally effective telecommunications system, with individuals who have hearing or speech impairments, 28 C.F.R. § 35.161;
  
  
• to provide direct access via TTY or computer to telephone emergency services, including 9-1-1 services, for persons who use TTY's and computer modems, 28 C.F.R. § 35.162;
  
  
• to provide information for interested persons with disabilities concerning the existence and location of the County's accessible services, activities, and facilities, 28 C.F.R. § 35.163(a);
  
  
• to provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b).

The Department limited its program access review to those of the County's programs, services, and activities that operate in the County Courthouse, County Jail, County Highway Department Building, Warren Achievement Transportation Building, and Education Building. Construction or alterations did not commence after January 26, 1992, at any of these facilities. The Department also reviewed the accessibility of four of the County's polling locations.

B. JURISDICTION

1. The ADA applies to the County 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 County 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.

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

REMEDIAL ACTION

3. In consideration of, and consistent with, the terms of this Agreement as set forth below, the Attorney General agrees to refrain from filing a civil suit in this matter regarding Parts A, B, and C below, except as provided in Paragraphs 21 and 23 below.

4. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the Standards are 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 disabilities, and for determining 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. The Standards appear at 28 C.F.R. Part 36, Appendix A.

A. POLICIES AND PROCEDURES

5. Within 60 days of the effective date of this Agreement, the County will distribute the attached Notice (Attachment A) to all agency heads and will 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 this Agreement. Copies will also be provided to any person upon request. The County will also publish the Notice in a local newspaper of general circulation within the County within 60 days after the effective date of this Agreement.

6. Within 60 days of the effective date of this Agreement, the County will select a responsible individual to serve as the County ADA Coordinator and will publicize the name and phone number of this individual throughout the County.

7. Within 60 days of the effective date of this Agreement, the County will adopt the attached ADA Grievance Procedure (Attachment B), distribute it to all agency heads, and post copies 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 this Agreement. Copies will also be provided to any person upon request. The County will also publish the Notice in a local newspaper of general circulation within the County within 60 days after the effective date of this Agreement.

8. Within 60 days of the effective date of this Agreement, the County will adopt a procedure for escorting jurors with disabilities to the 1st floor Warren County Courthouse men's or women's toilet rooms, as appropriate. The procedure will apply to jurors deliberating in the Jury Room of Courtroom A of the Warren County Courthouse who cannot use the Jury Room's toilet rooms because they are inaccessible. The procedure will be posted in conspicuous locations in the Jury Room of Courtroom A.

9. Within 180 days of the effective date of this Agreement, the County will locate an alternate accessible location in which to offer the services normally offered at the Education Building. Such location will comply with the Standards for parking, exterior accessible route, exterior entrance, interior accessible route, toilet rooms, and entrance to public rooms and spaces. Furthermore, the County will develop a written procedure for fulfilling requests from the public to be served at this alternate location. Within 180 days of the effective date of this Agreement, the County will report to the Department the location of that site together with measurements and photographs documenting its compliance with the Standards and submit, for the Department's review, a copy of the procedure it has developed.

B. COUNTY COMMUNICATIONS

10. Within 180 days of the effective date of this Agreement, the County will identify sources of qualified sign language interpreters and vendors of Braille documents, and will develop written procedures, with time frames, for fulfilling requests from the public for interpreters and documents in alternate formats (Braille, large print, cassette tapes, etc.).

11. The Warren County Jail has no TTY's through which inmates who are hearing or speech impaired can communicate with persons outside the Jail. Within 180 days of the effective date of this Agreement, the County will develop and implement procedures for making a portable TTY available upon request to an individual who is hearing or speech impaired and who is detained at the Jail.

12. The County will report to the Department, within 180 days of the effective date of this Agreement, the actions it has taken to comply with ¶¶ 5 through 11.

C. PHYSICAL CHANGES

In order to ensure that each of the County'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 disabilities, the County will take the following actions:

13. The County shall complete the following changes to the County Courthouse within one (1) year of the effective date of this Agreement:

a. Directional Signs. The front entrance is not accessible because the only route to it has stairs. Install a directional sign at the bottom of the stairs to this entrance indicating the location of the accessible entrance and identify the accessible entrance with the International Symbol of Accessibility. Standards §§ 4.1.2(7)(c), 4.1.3(8)(d), 4.30.2, 4.30.3, 4.30.5, 4.30.7.

b. Designated Accessible Entrance

(1) The County plans to modify the designated accessible entrance to make it a secured entrance with a metal detector. The County shall ensure that the entrance, when modified, meets all the applicable requirements of the Standards and that policies and procedures are in place to accommodate people with disabilities at the metal detector. Standards §§ 4.13, 4.14.

(2) The bottom of the ramp to the designated entrance does not have handrails extending at least the full length of the ramp. Alter the handrails so that they extend to the bottom of the ramp, are 1 1/4 - 1 1/2 inches in (inner) diameter and the tops of the handrails are parallel to and 34 to 38 inches above the surface of the ramp. The handrails need not extend beyond the bottom of this ramp, as they would then obstruct sidewalk traffic. Standards §§ 4.8.1, 4.8.5, 4.26.

(3) There is no edge protection where the ramp is above the adjoining grade level and there is a discontinuity at the bottom of the ramp. Repair the ramp so that the surface is continuous and uniform for the full width and length of the ramp. Provide edge protection with curbs or by altering the handrails. Standards §§ 4.8.6, 4.8.7.

c. Doors to Probation Department and Juvenile Department on 1st Floor of Courthouse. The pressure required to open the doors to the Probation Department and Juvenile Department is greater than 5 pounds. Adjust door closers or install automatic door openers in both rooms so that the force required to open the doors is not more than 5 pounds. Standards § 4.13.11(2)(b).

d. Elevator

(1) The floor hoistway entrances do not have raised and Braille floor designations on both jambs. At each floor elevator hoistway entrance, provide raised and Braille floor designations on both jambs such that the centerline of the characters is at 60 inches above the finish floor. Standards §§ 4.10.5, 4.30.4.

(2) The top control button in the Courthouse elevator car is 57 1/2 inches above the finish floor. Alter the control panel so that no button is higher than 54 inches above the finish floor for a side approach or 48 inches above the finish floor for a front approach. Standards § 4.10.12(3).

e. The tops of the service counters made available by the opening of top portions of the doors to the Traffic Ticket Office and Child Support Office on the 2nd floor are more than 36 inches above the floor. Provide a portion of each counter that is at least 36 inches wide and no more than 36 inches high, or provide auxiliary counters with a maximum height of 36 inches in compliance with the Standards, or provide access to services transacted at these counters through alternate means (e.g., by providing, in lieu of a separate service counter, access into said offices and conducting business at a table or desk as appropriate in compliance with the County's written policies and procedures). Standards § 7.2(2).

f. Men's and Women's 1st Floor Toilet Rooms
(Applies to both unless otherwise noted)

(1) The toilet room signs do not include Braille and are incorrectly positioned. Provide a sign with raised characters and Braille on the wall on the latch side of each door so that the centerline is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. When alterations to provide accessibility are complete, identify each toilet room with the International Symbol of Accessibility. Standards §§ 4.30.4, 4.30.5, 4.30.6, 4.30.7, 4.1.6(3)(e)(iii).

(2) The other toilet rooms in the building are inaccessible. Install directional signs at all other toilet rooms that provide directions to the accessible 1st floor toilet rooms. §§ 4.1.2(7)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

(3) There is no clear floor space to the latch side of the entrance door (women's). Alter the entrance door to provide required maneuvering clearances on both sides of the door or install an automatic door opener. Standards § 4.13.6 & Fig. 25.

(4) Neither leaf of the entrance door (men's) provides a clear opening of at least 32 inches wide (one leaf is 19 inches wide and the other is 20 inches wide). Alter the entrance doorway so that a clear opening width of at least 32 inches is provided by one operable door, measured from the face of the door to the opposite stop with the door open 90 degrees. Provide required maneuvering clearances on both sides of the altered doorway or install an automatic door opener. Standards §§ 4.13.4, 4.13.5, 4.13.6, Fig. 24, Fig. 25.

(5) The latch on the designated accessible stall door (women's) requires tight twisting to operate. Replace the device with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards § 4.13.9.

(6) The toilet paper dispenser in each stall is too far from the back wall. Relocate the dispenser below the grab bar, no more than 36 inches from the back wall with the centerline at least 19 inches above the floor. Standards §§ 4.16.6, 4.17.2, 4.17.3 & Fig. 30(d).

(7) The hot water and drain pipes beneath the lavatory (women's) are not insulated or otherwise configured to protect against contact. Install insulation on the pipes under the accessible lavatory. Standards § 4.19.4.

g. Courtroom A on 3rd Floor

(1) There are steps to the jury box. Provide an accessible route to the jury box by installing a ramp to the first seating row or by lowering the first seating row to floor level. Standards §§ 4.3, 4.8.

(2) The entrance door to the jury room does not have hardware that is easy to grasp and operate with one hand. Replace the handle with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards § 4.13.9

h. Children's Room on 4th Floor. There is no accessible route to the Children's Room because it can only be reached by stairs from the 4th floor elevator landing and there is a raised threshold at its entrance door that is more than 1/2 inch high. Install an elevator, ramp, or platform lift to the Children's Room that complies with the Standards, or provide programmatic solutions (e.g., by providing the services of the Children's Room in either the State's Attorney's Office or County Board Room in compliance with the County's written policies and procedures). 28 CFR § 35.149, Standards §§ 4.1.3(5), 4.3, 4.8, 4.10, 4.11.

14. The County shall complete the following changes to the County Jail within one (1) year of the effective date of this Agreement:

a. Directional Signage. The front entrance is not accessible. Install directional signage at this entrance indicating the accessible route to the accessible entrance to the Jail. Standards §§ 4.1.2(7)(c), 4.1.3(8)(d), 4.30.2, 4.30.3, 4.30.5, 4.30.7.

b. Designated Accessible Entrance. The entrance door has a clear opening width of 30 1/2 inches. Alter the doorway to provide a minimum clear opening of at least 32 inches measured from the face of door to the opposite door stop with the door open 90 degrees. Standards § 4.13.5, Fig. 24.

c. The required maneuvering clearance at the designated accessible entrance is not level. Alter the ramp and provide a level landing sufficient to provide maneuvering clearance with no slope in excess of 1:50. Standards §§ 4.8.4, 4.13.6, Fig. 25.

d. Interior Accessible Route. There is no accessible route from the designated accessible entrance to the office or the cell block. Establish an accessible route connecting the entrance to the office and the cell block. Standards § 4.3.

e. Visiting, Booking, and Changing Area. The intercom telephones do not have volume controls. Provide at least one telephone that is hearing aid compatible and equipped with a volume control. Standards § 4.31.5.

f. Cell Block, Cell Rows, and Cells on 1st Floor and 2nd Floor. The entrances to the cell block, cell rows and cells are not accessible because they are too narrow. The entrances to the cells are further inaccessible because they have metal plates serving as door guides protruding from the floor in front of the cell doors. The showers in the cells are inaccessible because they have raised curbs. The toilets in the cells are inaccessible because they do not have grab bars and the lavatories are behind the toilets. The 2nd floor cell block, cell rows, and cells are further inaccessible because the 2nd floor can only be accessed by stairs. Make alterations such that at least one cell is fully accessible, including an accessible route, entrance, shower, toilet, etc., or provide programmatic solutions (e.g., provide alternate accessible space to perform the same function as the County Jail cells). Standards §§ 4.13.5, 4.13.6, 4.21, 4.16, 4.19, 4.3, 4.8.

g. Detectives' Offices on 2nd Floor. There is no accessible route to the Detectives' Offices because they can only be reached by stairs. Establish an accessible route complying with the Standards that includes the installation of an elevator, ramp, or platform lift to the 2nd floor, or provide programmatic solutions (e.g., by providing the services of the Detectives' Offices through offices located on the 1st floor of the County Jail in compliance with the County's written policies and procedures). Standards §§ 4.1.3(5), 4.3, 4.8, 4.10, 4.11.

h. Toilet Room on 1st Floor

(1) The accessible route to the toilet room is not maintained because desks and a bookcase impede the pathway. Maintain an accessible route to the 1st floor toilet room. 28 CFR § 35.133, Standards §§ 4.3, 4.4.

(2) The toilet room is not accessible. Its dimensions are 70 1/2 inches wide by 33 inches deep, there is no turning space, clear floor space at the fixtures or maneuvering clearance at the door, there are no grab bars, and the hardware is not accessible. Remodel the toilet room to provide a unisex facility with a toilet, a lavatory, required floor spaces, and an accessible door with a privacy latch that comply fully with the Standards. If a sign is provided, it must comply with the requirements for tactile signs. Standards §§ 4.13, 4.22, 4.16, 4.19, 4.27, 4.30.4, 4.30.5, 4.30.6

15. The County shall complete the following changes to the County Highway Department Building within one (1) year of the effective date of this Agreement:

a. Directional Signage. The front entrance is not accessible because there is a stoop 4 1/2 inches high and a raised threshold at its entrance door more than 1/2 inch high. Install directional signage at this entrance and at the parking area indicating the location of the accessible route to the shop area entrance to the building. Standards §§ 4.1.2(7)(c), 4.1.3(8)(d), 4.30.2, 4.30.3, 4.30.5.

b. Shop Area Entrance

(1) The bay doors do not have signage indicating they are an accessible entrance. Provide signage showing the International Symbol of Accessibility at the bay doors. Standards §§ 4.1.2(7)(c), 4.1.3(8)(c), 4.30.7.

(2) The entrance door beyond the bay doors has knob hardware. Replace the handle with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards § 4.13.9.

c. Counters. The tops of the service counters are more than 36 inches high. Provide a portion of a counter that is at least 36 inches wide and no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches in compliance with the Standards, or provide access to services transacted at these counters through alternate means (e.g., by offering those services at an accessible location for individuals who use wheel chairs. This may be accomplished by allowing wheel chair users to go thorough the open end of the counters to reach the accessible area behind the counters). Standards § 7.2(2).

d. Men's and Women's Toilet Rooms. Neither the men's nor the women's toilet rooms are accessible. Provide an accessible unisex toilet room such that all of the room's elements, including clear floor space, entry door, water closet, size and arrangement, grab bars, and controls and dispensers, comply with the Standards. Identify the accessible unisex toilet room with the International Symbol of Accessibility. §§ 4.1.2(7)(d), 4.1.6(3)(e)(iii), 4.13, 4.22, 4.16, 4.19, 4.26, 4.27, 4.30.

16. The County shall complete the following changes to the Warren Achievement Transportation Center within one (1) year of the effective date of this Agreement:

a. Men's and Women's Toilet Rooms

(1) The toilet paper dispensers in the designated accessible stalls in both toilet rooms are 43 inches from the back wall. Provide dispensers that are no more than 36 inches from the back wall in each stall. Standards § 4.17.3 & Fig. 30(d).

(2) The mirror in each room is mounted so that the bottom edge of the reflecting surface is 45 inches above the finish floor. Provide a mirror in each room mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. Standards § 4.19.6.

(3) The pipes under the lavatory in each room are not insulated or otherwise configured to protect against contact. Install insulation on the pipes under the accessible lavatories. Standards § 4.19.4.

(4) The signs on the doors are not accessible. Provide a sign using raised characters and Braille on the wall on the latch side of each door so that the centerline is 60 inches above the floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.

17. The County shall ensure that the following changes are completed at the Oak Terrace Apartments (which are used as a polling site) within 180 days of the effective date of this Agreement:

a. Parking. The signs reserving the designated parking places are not mounted high enough to prevent their being obscured by vehicles parked in these spaces. Raise the signs so that they cannot be obscured by vehicles parked in the spaces. Standards § 4.6.4.

18. The County shall ensure that the following changes described in (a) and (b) are completed at the Immanuel Baptist Church (which is used as a polling site) or the programmatic solution described in (c) is exercised within 180 days of the effective date of this Agreement:

a. Parking. None of the accessible parking spaces has a proper sign designating it as reserved. Install a sign at each space, using the International Symbol of Accessibility, located so that the sign cannot be obscured by a vehicle parked in the space. Standards § 4.6.4.

b. Entrance. There are two sets of hinged double doors in a series at the front entrance. The distance from the leading edge of an open interior door to the face of the exterior door is 22 inches. Remove the interior door, or alter the area so that the minimum space between the doors is 48 inches plus the width of any door swinging into the space, or provide programmatic solutions (e.g., prop open the interior doors during elections). Standards § 4.13.7 & Fig. 26.

c. Alternate Location. The County has the option of satisfying this Paragraph 18 by providing a polling site at a different location that is in compliance with the Standards.

IMPLEMENTATION AND ENFORCEMENT

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

20. If at any time the County desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written Agreement by the Department to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the Department, which approval shall not be unreasonably withheld or delayed.

21. 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 County 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 County, it may institute a civil action in federal district court directly to enforce title II or to enforce the terms of this Agreement.

22. 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.

23. In the event that the County fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for 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 or may declare the Agreement null and void and file suit to enforce title II of the ADA.

24. 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 County or the Department on request.

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

26. 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 County's continuing responsibility to comply with all aspects of the ADA.

27. This Agreement will remain in effect for three years from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the County has been achieved.

28. The person signing for the County of Warren represents that he or she is authorized to bind the County to this Agreement.

For the County:	For the United States:
________________________ WILLIAM REICHOW Warren County Board Chairman Warren County Courthouse 100 West Broadway Avenue Monmouth, IL 61462 Date __4 SEPT '01_	RALPH F. BOYD, JR. Assistant Attorney General Civil Rights Division By:__________________________ JOHN L. WODATCH, Chief SUSAN B. REILLY, Deputy Chief NAOMI MILTON, Supervisory Attorney Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, DC 20035-6738 Date __Sept 6, 2001___

 

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ATTACHMENT A

NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT

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

The County does not discriminate on the basis of disability in its hiring or employment practices. The County 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 County 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 County's business. 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 County 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 County program, service, or activity, should contact the office of (Name of ADA Coordinator), the ADA Coordinator, at (Phone Number) as far in advance as possible but no later than 48 hours before the scheduled event.

The County 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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ATTACHMENT B

WARREN COUNTY Grievance Procedure under The Americans with Disabilities Act

This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in employment practices and policies or the provision of services, activities, programs, or benefits by Warren County.

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:

(Name of ADA coordinator)
(Phone Number)
(Address)

Within 15 calendar days after receipt of the complaint, (Name of ADA coordinator) will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, (Name of ADA coordinator) 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 Warren County and offer options for substantive resolution of the complaint.

If the response by (Name of ADA coordinator) does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision of the ADA coordinator within 15 calendar days after receipt of the response to the County Chairperson or his or her designee.

Within 15 calendar days after receipt of the appeal, the County Chairperson or his or her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the County Chairperson or his or 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 (Name of ADA coordinator), appeals to the County Chairperson or his or her designee, and responses from the ADA coordinator and County Chairperson or his or her designee will be kept by Warren County for at least three years.

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