SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

WORCESTER COUNTY, MARYLAND

UNDER THE AMERICANS WITH DISABILITIES ACT

DJ 204-35-240

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Settlement Agreement | Department of Justice Press Releases

BACKGROUND

SCOPE OF THE INVESTIGATION

The United States Department of Justice (Department) initiated this matter as a compliance review of Worcester County, Maryland under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and the Department’s implementing regulation, 28 C.F.R. Part 35. Because the County receives financial assistance from the Department of Justice, the review was also conducted under the authority of section 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 review was conducted by the Disability Rights Section of the Department’s Civil Rights Division and focused on the County’s compliance with the following title II requirements:

• to conduct a self-evaluation of its services, policies, and practices by July 26, 1992, and make modifications necessary to comply with the Department’s title II regulation, 28 C.F.R. § 35.105;
  
  
• to notify applicants, participants, beneficiaries, and other interested persons of their rights and the County’s obligations under title II and the Department’s regulation, 28 C.F.R. § 35.106;
  
  
• to designate a responsible employee to coordinate its efforts to comply with 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), 28 C.F.R. pt. 36, App. A, or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101-19.6, App. A.

• to ensure that facilities for which construction or alteration was begun 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, 28 C.F.R. § 35.151;
  
  
• 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 text telephone (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 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).

As part of its compliance review, the Department reviewed the following facilities, which – because construction or alterations commenced after January 26, 1992 – must comply with the ADA’s new construction or alteration requirements: Worcester County Government Center, Ocean Pines Library, Newtown Park (Pocomoke), Snow Hill Court House, Tourism Building and the West Ocean City Dock.

The Department’s program access review covered those of the County’s programs, services, and activities that operate in the following facilities: Worcester County Library (Snow Hill Branch), Worcester County Health Center, Worcester County Jail, Worcester County Recreation Office and Park, Worcester County Health & Services Center (Health Department and MAC Senior Center), Worcester County Library (Pocomoke Branch), Worcester County Senior Center (Ocean City), Isle of Wight Service Building (Ocean City), Worcester County Health and Rehabilitation Center (Berlin), Worcester County Library (Berlin Branch), and Northern Worcester Athletic Park.

The Department reviewed the County’s policies and procedures regarding voting, emergency management and disaster prevention, and sidewalk maintenance to evaluate whether persons with disabilities have an equal opportunity to utilize these programs.

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 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.

3. The Department is authorized under 28 C.F.R. Part 42, Subpart G, to determine the County’s compliance with section 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 and 42.108-110, to suspend or terminate financial assistance to the County provided by the Department of Justice should the Department fail to secure voluntary compliance pursuant to Subpart G or to bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.

4. The parties to this Agreement are the United States of America and Worcester County, Maryland.

5. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties enter into this Agreement.

6. In consideration of, and consistent with, the terms of this Agreement, the Attorney General agrees to refrain from filing a civil suit in this matter regarding all matters contained within this Agreement, except as provided in the section entitled “Enforcement and Implementation.”

ACTIONS TAKEN BY WORCESTER COUNTY

7. The County has designated an ADA Coordinator who is responsible for addressing the needs and concerns of disabled employees and citizens.

8. The County conducted a self evaluation of its policies, practices and procedures and developed a transitional plan.

9. Worcester County publicizes a TTY number on county brochures and ensures that TTY calls are answered and returned.

10.Worcester County employees are also familiar with and use the Maryland Relay Service.

11. Each 9-1-1 call station is equipped with a TTY and/or computer equipment that can identify TTY emergency calls.

12. The County has developed procedures for answering 9-1-1 calls that include training all call takers to use a TTY to take 9-1-1 calls, to recognize a “silent” open line as a potential TTY call and respond by TTY, and ensure that TTY calls are answered as quickly as other calls received.

REMEDIAL ACTION

NOTIFICATION

13. Within two months of the effective date of this Agreement, the County will adopt the attached Notice [Attachment A]; distribute it to all agency heads; publish the Notice in a local newspaper of general circulation serving the County; post the Notice on its Internet Home Page; 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 this Agreement. Copies will also be provided to any person upon request.

14. Within three months of the effective date of this Agreement, and annually thereafter until the Agreement terminates, the County will implement and report to the Department its written procedures for providing information for interested persons with disabilities concerning the existence and location of the County’s accessible programs, services, and activities.

GRIEVANCE PROCEDURE

15. Within two months 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 of it in conspicuous locations in each of its public buildings. It will refresh the posted copies, and update the contact information contained on it, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request.

GENERAL EFFECTIVE COMMUNICATION PROVISIONS

16. Within two months of the effective date of this Agreement, the County will identify sources of qualified sign language and oral interpreters, real-time transcription services, and vendors that can put documents in Braille, and will implement and report to the Department its written procedures, with time frames, for fulfilling requests from the public for interpreters, real-time transcription services, and documents in alternate formats (Braille, large print, cassette tapes, etc.).

9-1-1

17. The County will monitor its incoming 9-1-1 TTY calls to ensure they are answered as quickly and accurately as other calls received.

18. The County will incorporate correct TTY call-taking procedures into 9-1-1 call takers’ performance evaluations and will amend its personnel policies to include written disciplinary procedures for call takers who fail to perform TTY call-taking consistent with the training and procedures. The County will implement and report to the Department its evaluation and procedures within three months of the effective date of this Agreement.

LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION

19. Within two months of the effective date of this Agreement, the County will adapt for its own use and implement the Worcester County Police Department Policy Statement on Effective Communication with People Who are Deaf or Hard of Hearing [Attachment C] and distribute to all Police officers the Guide for Law Enforcement Officers When in Contact with People Who are Deaf or Hard of Hearing [Attachment D].

20. Within two months of the effective date of this Agreement, the County will contract with one or more local qualified oral/sign language interpreter agencies to ensure that the interpreting services will be available on a priority basis, twenty-four hours per day, seven days a week, or make other appropriate arrangements (such as contracting directly with or hiring qualified interpreters).

21. Within one month of the effective date of this Agreement, the County will ensure that each police station or substation and the jail/detention facility is equipped with a working TTY (text telephone) to enable persons who are deaf, hard of hearing, or who have speech impairments to make outgoing telephone calls.

EMPLOYMENT

22. Within three months of the effective date of this Agreement, the County will amend its employment policies, as necessary, to comply with the regulations of the U.S. Equal Employment Opportunity Commission implementing title I of the Americans with Disabilities Act of 1990, codified at 29 C.F.R. Part 1630. At minimum, those policies will provide that the County:

• will not discriminate on the basis of disability in its hiring or employment practices.
  
  
• 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.
  
  
• 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.
  
  
• will maintain any employee’s medical records separate from personnel files and keep them confidential.
  
  
• will make an individualized assessment of whether a qualified individual with a disability meets selection criteria for employment decisions. To the extent the County’s selection criteria have the effect of disqualifying an individual because of disability, those criteria will be job-related and consistent with business necessity.

SIDEWALKS

23. Within three months of the effective date of this Agreement, the County will implement and report to the Department its written process for soliciting and receiving input from persons with disabilities regarding the accessibility of sidewalks on the property owned by the County, including, for example, requests to add curb cuts at particular locations.

24. Within three months of the effective date of this Agreement, the County will identify and report to the Department all streets, roads, and highways owned by the County that have been constructed or altered since January 26, 1992. Paving, repaving, or resurfacing a street, road, or highway is considered an alteration for the purposes of this Agreement. Within three years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at all intersections of the streets, roads, and highways identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway.

25. Beginning no later than one month after the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered that is owned by the County.

26. Within three months of the effective date of this Agreement, the County will identify all street level pedestrian walkways that have been constructed or altered since January 26, 1992 on property owned by the County. Paving, repaving, or resurfacing a walkway is considered an alteration for the purposes of this Agreement. Within three years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at all places where a street level pedestrian walkway identified under this paragraph intersects with a street, road, or highway.

27. Beginning no later than three months after the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at all newly constructed or altered pedestrian walkways on property owned by the County where they intersect a street, road, or highway.

PHYSICAL CHANGES TO FACILITIES

28. The elements or features of the County’s facilities that do not comply with the Standards, including those listed in this section, prevent persons with disabilities from fully and equally enjoying the County’s services, programs, or activities and constitute discrimination on the basis of disability within the meaning of 42 U.S.C. § 12132 and 28 C.F.R. §§ 35.149 and 35.150.

29. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement.

30. Within three months of the effective date of this Agreement, the County will install signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.


Newly Constructed Facilities: In order to ensure that the following spaces and elements in County facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the following actions:


The County shall complete the following alterations to the WORCESTER COUNTY GOVERNMENT CENTER at 1 West Market Street, within one year of the effective date of this Agreement:

31. PARKING

a. There are six designated accessible parking spaces do not have the correct signage designating the parking spaces as reserved. There is no van-accessible designation. Provide signage, with the International Symbol of Accessibility. One of the spaces shall be designated with a “van-accessible” sign mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the spaces. §§ 4.1.2(5)(a), 4.6.4, 4.6.3 & Fig. 9.

32. ACCESSIBLE ROUTE

a. The access ramp to the building is 54 feet long with three level landings. The gripping surface of the ramp railings does not comply with the ADA Standards because a person with a mobility impairment cannot grip around the top rail and the gripping surface does not extend beyond the top and bottom of the ramps. Provide railings for the ramp that comply with the Standards. §§ 4.1.3(1), 4.3.7, 4.8.1, 4.8.5, 4.26.1, 4.26.2 & Fig. 39.

b. The inaccessible rear entrance has no signage directing individuals to the accessible front entrance. Provide directional signage with the International Symbol of Accessibility directing persons with disabilities to the accessible main entrance of the building. §§ 4.1.2(7)(c), 4.30.7(1).

33. SIGNAGE

a. The rear entrance of the building is not accessible because it has stairs. There is no directional sign at this inaccessible entrance. Provide directional signage indicating the location of the accessible entrance. §§ 4.1.2(7).

34. ASSISTIVE LISTENING SYSTEM

a. The County Boardroom has no assistive listening system available. Provide a permanent assistive listening system or an adequate number of electrical outlets or other supplemental wiring necessary to support a portable assistive listening system, with the minimum number of receivers provided equal to 4% of the total number of seats but no less than two receivers, and signage indicating the availability of a listening system. §§ 4.1.3 (19)(b), 4.30.7(4), 4.33.

35. WOMEN’S TOILET ROOMS (All Three Floors)

a. The toilet room identification signs are mounted on the door. Provide signage on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

b. There are six toilet stalls in each of the women’s toilet rooms, none of which is designated as the accessible stall. Provide a sign, using raised characters and Braille, on the door of the accessible stall. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

35. MEN’S TOILET ROOMS (All Three Floors)

a. There are three toilet stalls in each of the men’s rooms, none of which is designated as the accessible stall. Provide a sign, using raised characters and Braille, on the door of the accessible stall. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

36. UNISEX TOILET ROOM

a. The pressure required to open the door to the designated accessible unisex toilet room is 14 pounds. Provide a door closure so that the force required to open the door is no more than 5 pounds. §§ 4.1.3(7)(b), 4.13.11(2)(b).

b. The unisex toilet room signage is not in an accessible location. Provide signage on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

38. ELEVATORS

a. There is no audible tone signal within the elevator car to indicate the position of the car in the hoistway. Provide an audible tone signal or verbal annunciator to indicate the floor number at which the car stops or passes. §§ 4.1.3(5), 4.10.4.

39. SERVICE COUNTERS

a. In the Treasurer’s office, the top of the designated accessible service counter space is 24 inches wide. Provide a counter that is at least 36 inches wide and no more than 36 inches high; or provide an equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

b. The service counter located outside the Sheriff’s office is 40 _ inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high; or provide an equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

c. The customer service call button located on top of the service counter outside of the Sheriff’s office does not have signage. Provide a sign, with raised characters and Braille, in a location accessible to the call button so that the centerline of the sign is 60 inches above the finished floor. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

The County shall complete the following alterations to the OCEAN PINES LIBRARY at 11107 Cahill Road, within one year of the effective date of this Agreement:

40. ACCESSIBLE ROUTE

a. The access route from the designated accessible parking spaces to the designated accessible route is 15.8 inches wide. Provide an access route from the designated accessible parking to the entrance that is at least 36 inches wide. §§ 4.1.2(1), 4.3.3, 4.1.3(7)(a).

41. MEN’S AND WOMEN’S TOILET ROOMS

a. The toilet paper dispenser in the designated accessible stall is 14 inches above the finished floor in each room. Provide a dispenser so that the farthest edge of the toilet paper roll is no more than 36 inches from the back wall and no less than 19 inches from the finished floor. §§ 4.1.3(11), 4.22.4,4.17.3 & Fig. 30(d).

b. The rim of the urinal in the men’s room is 18 inches above the finished floor. Provide an accessible urinal in each room with an elongated rim that is mounted no higher than 17 inches above the finished floor. §§ 4.1.3 (11), 4.22.5, 4.18.2 .

42. LIBRARY WORKSTATION

a.There is an accessible workstation in the library but it does not have accessible signage. Provide signage on the accessible workstation with raised characters and Braille affixed to the workstation. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

The County shall complete the following alterations to the NEWTOWN PARK (POCOMOKE) located on Groton Road within one year of the effective date of this Agreement:

43. PARKING

a. The parking lot has no designated accessible parking spaces. Provide six
designated accessible parking spaces, including a 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), 4.6.4.

44. PLAYGROUND

a. There is no accessible route from the parking lot to the playground. Provide and maintain an accessible path of travel, that is firm, stable, and slip resistant, to at least one accessible piece of equipment. §§ 4.1.2.(2), 4.3, 4.5.

45. PICNIC AREA

a. There is no accessible route from the parking lot to the picnic tables. Provide and maintain an accessible path of travel, that is firm, stable, and slip resistant, to at least one accessible picnic table. §§ 4.1.2(2), 4.3.6, 4.3.8, 4.5.

b. The picnic tables are not accessible to persons who use wheelchairs. Provide at least one picnic table that has a surface 28 to 34 inches above the ground with knee space at least 27 inches high, 30 inches wide, and 19 inches deep. §§ 4.1.3(18), 4.32.

46. ACCESSIBLE ROUTES

a. There is no accessible route from the parking lot to the little league field, the softball field, the soccer field bleachers and playground equipment. Provide an accessible route from accessible parking spaces to these areas that is firm, stable, and slip resistant.
§§ 4.1.2(2), 4.3, 4.5.

47. SPECTATOR SEATING

a. The viewing areas at the outdoor fields have no wheelchair locations. Provide wheelchair seating locations in the viewing areas adjoining an accessible route that are firm, stable, and slip resistant and that have lines of sight comparable to those for the general public. §§ 4.1.3(19)(a), 4.33 & Fig. 46.

48. CONCESSION STAND

a. The top of the concession stand service counter is 40 inches above the finished floor. Provide 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; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

b. There is a change in elevation to the concession stand from the walkway. Provide an accessible route to the concession stand and public toilet rooms. §§ 4.1.2(2), 4.3.8, 4.8.

49. MEN’S AND WOMEN’S TOILET ROOM

a. Toilet room signage is located on the door. Provide signs with raised characters and Braille on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing with a door swing.
§§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

b. Provide men’s and women’s toilet rooms so that the spaces and elements in each room, including room identification signage, entry stall door, clear floor space, turning space, accessible route, water closet, grab bars, urinals (men’s only), lavatory, mirror, controls and dispensers comply with the Standards. §§ 4.1.3(11), 4.22.

Altered Facilities: In order to ensure that the following spaces and elements in facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the following actions:


The County shall complete the following alterations to the SNOW HILL COURT HOUSE located at 1 Market Street, within one year of the effective date of this Agreement:

50. HANDRAILS

a. The gripping surface of the entrance ramp railings does not comply with the ADA Standards because a person with a mobility impairment cannot grip around the top rail and the gripping surface does not extend beyond the top and bottom of the ramp. Provide railings for the ramp that comply with the Standards. §§ 4.1.3(1), 4.3.7, 4.8.5, 4.26.2 & Fig. 39.

b. The handrails do not extend beyond the top or bottom of the ramp segment. Provide handrails that extend at least 12 inches beyond the top and bottom of the ramp segment, and have ends that are rounded or returned to the floor, wall, or post and otherwise comply with the Standards. §§ 4.1.3(1), 4.3.7, 4.8.5(2), Fig.17.

51. SIGNAGE

a. There is no signage indicating the location of the designated accessible toilet rooms to be used while the Snow Hill Courthouse is being renovated. Provide directional signage during the renovation period at the inaccessible toilet rooms and in conspicuous places directing users to the location of the accessible toilet rooms in the Worcester County Government Center. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

52. MEN’S AND WOMEN’S TOILET ROOMS ( Per Drawing A-11 of Toilet Rooms 142, 131, 146, 214A and 214B)

a. The entry/stall doors have knob hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are accessible designs.§§ 4.1.3(7)(b), 4.13.9.

b. The entry/stall doors swing into the clear floor space at the lavatories. Provide a minimum of 30 inches by 48 inches clear floor space in front of (and under up to 19 inches) an accessible lavatory to allow for a forward approach. §§ 4.1.6, 4.22.6, 4.19.3 & Fig.32.

c. Provide signage, with raised characters and Braille, on the wall adjacent to the latch side of each toilet room entrance door so that the centerline of the sign is 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing with a door swing. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

d. There are no visual alarms in the toilet rooms. Provide visual alarms in the toilet rooms. §§ 4.1.3(14), 4.28.

53. ELEVATORS

a. There is no audible tone signal within the elevator car to indicate the position of the car in the hoistway. Provide an audible tone signal or verbal annunciator to indicate the floor number at which the car stops or passes. §§ 4.1.3(5), 4.10.13.

The County shall complete the following alterations to the TOURISM BUILDING located at 101 Pearl Street, within one year of the effective date of this Agreement:

54. DOORS

a. The landing at the entrance door has a slope that exceeds 1:20. Provide an accessible route with a slope of no more than 1:20 so that the change in level required at the door threshold is no greater than 1/2 inch and beveled with a slope no greater than 1:2 and the door maneuvering clearance is level. §§ 4.1.3(1), 4.3.7, 4.8 & Figs. 16, 17.

55. MEN’S AND WOMEN’S TOILET ROOMS

a. In the employee toilet room the door handle is not accessible to persons with disabilities. Provide an accessible lock device that is easy to grasp with one hand and does not require tight grasping, tight pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are accessible designs.

The County shall complete the following alterations to the WEST OCEAN CITY DOCK at North Harbor Road, within one year of the effective date of this Agreement:

56. PARKING

a. The designated accessible parking space does not have signage designating the parking space as reserved. Provide signage, with the International Symbol of Accessibility. The space should be designated as “van-accessible” with a sign that is mounted below the symbol of accessibility. §§ 4.1.2(5)(a), 4.1.2(5)(b), 4.6.4, 4.30.7(1)

b. The designated accessible parking space is not served by an adjacent access aisle or identified as van-accessible. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide with a sign that is mounted below the symbol of accessibility. §§ 4.1.2(5)(a), 4.1.2(5)(b), 4.6.4, 4.30.7(1). §§ 4.1.2(5)(a)& (b), 4.6.3 & Fig.9, 4.6.4.

57. HANDRAILS

a. The gripping surface of the railings on the ramp that serves the dock does not comply with the Standards because a person with a mobility impairment cannot grip around the top rail and the gripping surface does not extend beyond the top and bottom of the ramp. Provide railings for the ramp that comply with the Standards. §§ 4.1.3(1), 4.3.7, 4.8.5, 4.26.2.

b. There is no inside handrail on the ramp. Provide handrails on the both sides of the ramp that are between 34 and 38 inches high. Provide extensions of at least 12 inches beyond the top and bottom of the ramp segment, and have ends that are rounded or returned to the floor, wall, or post and otherwise comply with the Standards. §§ 4.1.3(1), 4.3.7, 4.8.5(1), 4.26.

58. MEN’S AND WOMEN’S TOILET ROOMS

a. The toilet room identification signs are mounted on the door. Provide signage on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor. §§ 4.1.3(16)(2), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

b. The centerline of the toilet in the designated accessible toilet room is located 30 inches from the side wall. Provide a toilet so that the centerline is exactly 18 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(a).

c. The toilet paper dispenser in the designated accessible stall is located 46 inches above the finished floor. Provide a dispenser that it is located below the grab bar with its farthest edge no more than 36 inches from the back wall and with its centerline no less than 19 inches from the finish floor and the paper outlet at least 9 inches above the floor. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).

d. In the toilet rooms the rear grab bars are 33 inches and the side grab bars are 31 inches long. Provide a rear grab bar 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. Provide a side grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 40 inches long, and the end farthest from the back wall is located at least 52 inches from the back wall. §§ 4.1.3(11), 4.22.4, 4.17.6.

e. The highest operable part of the front approach paper towel dispenser is 54 inches above the finished floor. Provide paper towels or a paper towel dispenser so that the highest operable part is 48 inches above the finished floor. §§ 4.1.3(13), 4.27.3, 4.2.5.

f. The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes to protect against contact. §§ 4.1.3(11), 4.22.6, 4.19.4.

Program Access in Existing Facilities: 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, are readily accessible to and usable by persons with mobility impairments, the County will take the following actions:


59. The Parties agree that the technical requirements and, where appropriate, 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 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 County shall complete the following alterations to the WORCESTER COUNTY LIBRARY (SNOW HILL BRANCH) located at 307 N. Washington Street, within one year of the effective date of this Agreement:

60. MEN’S AND WOMEN’S TOILET ROOMS

a. There is no accessible signage. Provide signs, with raised characters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing with a door swing.
§§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

61. WOMEN’S TOILET ROOM

a. The entrance door to the designated accessible toilet stall is 32 inches wide. Provide a minimum 36 inch wide door. §§ 4.1.3(11), 4.22.2, 4.13.5.

b. In the designated accessible stall the coat hook is 67 inches above the finished floor. Provide a hook that is no more than 54 inches above the finished floor for a side reach or, if that is not available, 48 inches above the finished floor for a front reach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

c. In the designated accessible stall the toilet paper dispenser is located 42 inches above the finished floor. Provide a toilet paper dispenser so that there is a minimum of 1 1/2 inches between the bottom of the grab bar and the top of the toilet paper dispenser, and the centerline of the toilet paper dispenser is a minimum of 19 inches above the finished floor with the paper outlet at least 9 inches above the floor. §§ 4.1.3(11), 4.22.4, 4.17.3 and Fig. 30(d), 4.2.6.

d. The toilet seat cover dispenser in the accessible stall is located 59 inches above the finished floor. Provide a toilet seat cover dispenser that is within the reach ranges of a person using a wheelchair in an area where there is a 30 inch by 48 inch clear floor space adjacent to the dispenser. §§ 4.1.3(11), 4.22.7, 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

e. The paper towel dispenser is located 64 inches above the finished floor and protrudes into the circulation path to the lavatory. Provide a paper towel dispenser so that it is not in the circulation path to the lavatory, has its highest operable part within the reach ranges of a person who uses a wheelchair, and has a clear floor space of 30 inches by 48 inches. §§ 4.1.3(2), 4.4.1, 4.4.2, 4.1.3 (11), 4.22.7, 4.27.2.

62. MEN’S TOILET ROOM

a. The pressure required to open the door to the men’s toilet room is 18 pounds. Provide a door closer so that the force required to open the door is no more than 5 pounds.
§§ 4.1.3(7)(b), 4.13.11(2)(b).

b. The paper towel dispenser in the toilet room is located 64 inches above the finished floor. Provide a paper towel dispenser so that it is not in the circulation path to the lavatory, has its highest operable part within the reach ranges of a person who uses a wheelchair, and has a clear floor space of 30 inches by 48 inches. §§ 4.1.3(2), 4.4.1, 4.4.2, 4.1.3(11), 4.22.7, 4.27.2, 4.27.3, 4.2.5, 4.2.6.

c. The toilet paper dispenser in the designated accessible stall is located above the side grab bar and 42 inches above the finished floor. Provide a toilet paper dispenser so that there is a minimum of 1 1/2 inches between the bottom of the grab bar and the top of the toilet paper dispenser, and the centerline of the toilet paper dispenser is a minimum of 19 inches above the finished floor with the paper outlet at least 9 inches above the floor. §§ 4.1.3(11), 4.22.4, 4.17.3 and Fig. 30(d), 4.2.6.

d. The toilet seat cover dispenser in the designated accessible stall is 52 inches above the finished floor. Provide a toilet seat cover dispenser that is within the reach ranges of a person using a wheelchair in an area where there is a 30 inch by 48 inch clear floor space adjacent to the dispenser. §§ 4.1.3(11), 4.22.7, 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

The County shall complete the following alterations to the WORCESTER COUNTY HEALTH CENTER located at 6040 Public Landing Road, within one year of the effective date of this Agreement:

63. MEN’S AND WOMEN’S TOILET ROOMS

a. There is no accessible signage. Provide signs, with raised characters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing with a door swing. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

b. In each of the designated accessible stalls the coat hooks are 67 inches above the finished floor. Provide a hook that is no more than 54 inches above the finished floor for a side reach or, if that is not available, 48 inches above the finished floor for a front reach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

c. In each of the designated accessible stalls the toilet paper dispensers are located 64 inches above the finished floor. Provide toilet paper dispensers so that there is a minimum of 1 1/2 inches between the bottom of the grab bar and the top of the toilet paper dispenser, and the centerline of the toilet paper dispenser is a minimum of 19 inches above the finished floor with the paper outlet at least 9 inches above the floor. §§ 4.1.3(11), 4.22.4, 4.17.3 and Fig. 30(d), 4.2.6.

d. The toilet seat cover dispensers in the designated accessible stalls are 59 inches above the finished floor. Provide toilet seat cover dispensers that are within the reach ranges of a person using a wheelchair in an area where there is 30 inches by 48 inches clear floor space adjacent to the dispensers. §§ 4.1.3(11), 4.22.7, 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

e. In each of the toilet rooms the soap dispenser is inaccessible. Provide a soap dispenser in each toilet room so that its highest operable part is not higher than 54 inches above the finished floor for a side reach or, if that is not available, no higher than 48 inches for a forward reach. §§ 4.1.3(11), 4.22.7, 4.27.3, 4.2.5, 4.2.6.

f. The paper towel dispenser in each toilet room is mounted so that the control is located 64 inches above the finished floor. Provide paper towel dispensers so that the highest operable part is no more than 54 inches above the finished floor for a side reach, or if that is not available, no higher than 48 inches for a forward approach. §§ 4.1.3(11), 4.22.7, 4.27.3, 4.2.5, 4.2.6.

g. The lavatories in the toilet rooms have twist-type faucets. Provide controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrists to operate. §§ 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.

h. The hot water and drain pipes beneath the lavatories are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes consistent with the Standards. §§ 4.1.3(11), 4.22.6, 4.19.4.

i. There are no visual alarms in the toilet rooms. Provide visual alarms in the toilet rooms. §§ 4.1.3(14), 4.28.

The County shall complete the following alterations to the WORCESTER COUNTY JAIL located at 5022 Joiner Road, within one year of the effective date of this Agreement:

64. PARKING

a. The two designated accessible parking spaces do not have an access aisle and the signage is positioned in a location that can be obscured by a vehicle parked in the space. Provide at least two accessible parking spaces, one of which must be a van accessible parking space with an access aisle at least 96 inches wide. Provide signage for both parking spaces that cannot be obscured by a vehicle parked in the space and mount a sign designating the “van-accessible” space below the International Symbol of Accessibility. §§ 4.1.2(5)(b), 4.6.4, 4.6.3 & Fig. 9.

65. ACCESSIBLE ROUTE

a. There is a three inch abrupt change in level at the curb ramp leading from the accessible parking space to the entrance to the jail. Alter this area so that the transition is flush and free of abrupt changes. §§ 4.1.2(i), 4.3.8, 4.7.2.

b. The curb ramp has a slope that exceeds 1:12 and does not have flared sides. Provide a curb ramp that has a slope no greater than 1:12 and that has flared sides with maximum slopes of 1:10. §§ 4.1.2(1), 4.3.8, 4.7.2, 4.7.5.

66. SERVICE COUNTER

a. The customer service counter is 41 1/2 inches above the finished floor. Provide a customer service counter that is at least 36 inches in length and no more than 36 inches high; or an auxiliary counter with a maximum height of 36 inches in close proximity to the customer service counter; or provide an equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

67. MEN’S AND WOMEN’S TOILET ROOMS (VISITORS LOBBY)

a. The toilet rooms do not have accessible signage. Provide signs, with raised characters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the signs are 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing with a door swing.
§§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

b. In each of the designated accessible stalls the coat hooks are 60 inches above the finished floor. Provide coat hooks that are no more than 54 inches above the finished floor for a side reach or, if that is not available, 48 inches above the finished floor for a front reach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

c. In each designated accessible stall the toilet paper dispenser is located 60 inches above the finished floor. Provide a toilet paper dispenser in each of the designated accessible stalls so that there is a minimum of 1 1/2 inches between the bottom of the grab bar and the top of the toilet paper dispenser, and the centerline of the toilet paper dispenser is a minimum of 19 inches above the finished floor with the paper outlet at least 9 inches above the floor. §§ 4.1.3(11), 4.22.4, 4.17.3 and Fig. 30(d), 4.2.6.

d. The lavatories in the toilet rooms have twist-type faucets. Provide controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrists to operate. §§ 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.

e. The hot water and drain pipes beneath the lavatories are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes consistent with the Standards. §§ 4.1.3(11), 4.22.6, 4.19.4.

f. There are no visual alarms in the toilet rooms. Provide visual alarms in the toilet rooms. §§ 4.1.3(14), 4.28.

68. DRINKING FOUNTAIN (VISITORS LOBBY)

a. The spout outlet is located 40 inches above the finished floor. Provide a drinking fountain with a spout outlet no higher than 36 inches above the finished floor, or provide a cup dispenser next to the drinking fountain in an accessible location with cups that dispense within the reach ranges of persons who use wheelchairs. §§ 4.15.2, 4.15.5 & Fig. 27, 4.27.3, 4.2.5, 4.2.6.

69. PUBLIC TELEPHONE

a. The public telephone in the visitor’s lobby is not accessible. Provide a public telephone that has hearing aid compatibility and a volume control with signage, and provide clear ground space of at least 30 inches by 48 inches that allows either a forward or side reach. §§ 4.1.3(17), 4.31.2 through 4.31.8, 4.2.4.1, 4.2.4.2, 4.2.5, 4.2.6.

b. The public telephone in the inmate area is not accessible. Provide a public telephone that has hearing aid compatibility and a volume control with signage, and provide clear ground space of at least 30 inches by 48 inches that allows either a forward or side reach. §§ 4.1.3(17), 4.31.2 through 4.31.8, 4.2.4.1, 4.2.4.2, 4.2.5, 4.2.6.

70. INMATE ENTRANCE

a. The inmate receiving entrance area has a 1 inch change in level at the door. Provide an entrance so that there are no abrupt changes in level greater than 1/4 inch, or greater than 1/2 inch if beveled with a slope no greater than 1:2, or install a ramp with a slope no greater than 1:12 that has a level landing in front of the doorway necessary to provide the required level maneuvering clearance for the door. §§ 4.1.3(7)(a), 4.13.8, 4.5.2, 4.8, 4.13.6, Fig. 25.

71. SHOWER (INMATE HOLDING CELL)

a. The shower stalls are not accessible. Provide one shower stall that is exactly 36 inches wide by 36 inches deep, has a clear floor space that is 36 inches wide by 48 inches deep extending 12 inches beyond the seat wall to enable a wheelchair user to make a lateral transfer, has a shower seat and grab bars, has controls between 38 and 48 inches above the shower floor and between the centerline and the outer edge of the shower on the wall opposite the seat wall, and has a shower spray unit with a 60 inch long hose or a fixed shower head mounted at 48 inches above the shower floor. §§ 4.1.3(11), 4.23.8, 4.21, Fig. 35(a), Fig. 37(a).

The County shall complete the following alterations to the WORCESTER COUNTY RECREATION OFFICE and PARK located at 6220 Public Landing Road, within one year of the effective date of this Agreement:

72. ACCESSIBLE ROUTE

a. The playground cannot be accessed because of the lack of an accessible route from the parking area to the playground. Provide and maintain an accessible path of travel, that is firm, stable, and slip resistant, to at least one accessible piece of equipment. §§ 4.1.2(2), 4.3., 4.5.

b.There is no accessible route from the parking spaces to the baseball field. Provide and maintain an accessible path of travel, that is firm, stable, and slip resistant.
§§ 4.1.2(2), 4.3. 4.5.

73. PORTABLE TOILETS

a. When portable toilets are provided at this site, provide at least 5%, but not less than one, accessible single user portable toilet on an accessible route, identified by the International Symbol of Accessibility, at each cluster where inaccessible units are provided. A portable toilet is regarded as a single fixture, single user toilet room.
§§ 4.1.2(6), 4.22.

The County shall complete the following alterations to the WORCESTER COUNTY HEALTH & SERVICES CENTER (MAC SENIOR CENTER) located at 4th and Walnut Street, within one year of the effective date of this Agreement:

74. ENTRANCE

a. There is only one handrail at the entrance ramp. Provide handrails on the inside of the ramp that are between 34 and 38 inches high, have extensions of at least 12 inches beyond the top and bottom of the ramp segment, and have ends that are rounded or returned to the floor, wall, or post and otherwise comply with the Standards.
§§ 4.1.3(1), 4.3.7, 4.8.5, 4.26.

75. MEN’S AND WOMEN’S TOILET ROOMS

a. The toilet rooms do not have accessible signage. Provide signs, with raised characters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing with a door swing.
§§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

b. In each designated accessible stall the coat hooks are 65 inches above the finished floor. Provide a hook that is no more than 54 inches above the finished floor for a side reach or, if that is not available, 48 inches above the finished floor for a front reach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

c. In each designated accessible stall the toilet paper dispenser is located above the side grab bar and 40 inches above the finished floor. Provide toilet paper dispensers so that there is a minimum of 1 1/2 inches between the bottom of the grab bar and the top of the toilet paper dispenser, and the centerline of the toilet paper dispenser is a minimum of 19 inches above the finished floor with the paper outlet at least 9 inches above the floor. §§ 4.1.3(11), 4.22.4, 4.17.3 and Fig. 30(d), 4.2.6.

d. In each of the toilet rooms the soap dispenser is mounted at the lavatories so that the control is located 56 inches above the finished floor. Provide a soap dispenser so that its highest operable part is not higher than 54 inches above the finished floor for a side reach or, if that is not available, no higher than 48 inches for a forward reach. §§ 4.1.3(11), 4.22.7, 4.27.3, 4.2.5, 4.2.6.

e. The toilet seat cover dispenser in the designated accessible stalls is 59 inches above the finished floor. Provide a toilet seat cover dispenser that is within the reach ranges of a person using a wheelchair in an area where there is a 30 inch by 48 inch clear floor space adjacent to the dispenser. §§ 4.1.3(13), 4.27, 4.2.5, 4.2.6.

f. The lavatories in the toilet rooms have twist-type faucets. Provide controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrists to operate. §§ 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.

g. The top of the toilet seat in each of the designated accessible stalls measures 23 inches above the finished floor. Provide a toilet seat in each of the designated accessible toilet stalls such that the top of the seat is between 17 and 19 inches above the finished floor. §§ 4.1.3(11),4.22.4, 4.16.3 & Fig. 29(b).

h. The hot water and drain pipes beneath the lavatories are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes consistent with the Standards. §§ 4.1.3(11), 4.22.6, 4.19.4.

i. There are no visual alarms in the toilet rooms. Provide visual alarms in the toilet rooms. §§ 4.1.3(14), 4.28.

j. In the men’s toilet room only the designated accessible stall is 52 1/2 x 60. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, coat hook height, and controls and dispensers comply with the Standards. §§ 4.1.3(11), 4.22.

76. SERVICE COUNTERS

a. The top of the service counter is 42 inches above the finished floor. Provide 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; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs).
§ 7.2(2).

The County shall complete the following alterations to the WORCESTER COUNTY LIBRARY (POCOMOKE BRANCH) located at 301 Market Street, within one year of the effective date of this Agreement:

77. SIGNAGE

a. The inaccessible front entrance and the inaccessible rear entrance have no signage directing individuals to the accessible back entrance. Provide directional signage with the International Symbol of Accessibility directing persons with disabilities to the accessible entrance of the building. §§ 4.1.3(8)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

b. The accessible entrance door has door hardware that requires tight grasping, pitching or twisting of the wrist. Provide accessible door hardware that is easy to grasp with one hand and does not require tight grasping, tight pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are accessible designs.§§ 4.1.3(7)(a), 4.13.9.

78. MEN’S AND WOMEN’S TOILET ROOM

a. The toilet rooms do not have accessible signage. Provide signs, with raised characters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing with a door swing.
§§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.


b. The lavatories in each of the toilet rooms have twist-type faucets. Provide controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrists to operate. §§ 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.

c. The height of the lavatory aprons provides a clearance of 27 inches above the finished floor. Provide a lavatory so that there is a clearance of at least 29 inches above the floor to the bottom of the apron and it otherwise complies with the Standards. §§ 4.1.3(11), 4.22.6, 4.19.2 & Fig. 31.

d. The hot water and drain pipes beneath the lavatories are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes consistent with the Standards. §§ 4.1.3(11), 4.22.6, 4.19.4.

e. The mirrors in each toilet room are mounted so that the bottom edge of the reflecting surface is 53 inches above the finished floor. Provide mirrors that are mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor.
§§ 4.1.3(11), 4.22.6, 4.19.6.

f. The soap dispensers in each toilet room are located 56 inches above the finished floor for a side approach. Provide soap dispensers so that their highest operable part is not higher than 54 inches above the finished floor for a side reach.
§§ 4.1.3(11), 4.22.7, 4.27.3, 4.2.5, 4.2.6.

g. The designated accessible stall in each toilet room has no grab bars. Provide side and rear grab bars in each room that comply with the Standards. Provide a rear grab bar 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. Provide a side grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 40 inches long, and the end farthest from the back wall is located at least 52 inches from the back wall. §§ 4.1.3(11), 4.22.4, 4.17.3.

79. MEETING ROOMS

a. The entrance door to the meeting room is 29 inches wide. Provide an accessible door to the meeting room that is at least 32 inches wide. §§ 4.1.3(7)(a), 4.13.5.

The County shall complete the following alterations to the WORCESTER COUNTY SENIOR CENTER (OCEAN CITY) located at 41st Street, within one year of the effective date of this Agreement:

80. FOUNTAIN

a. The spout outlet height of the drinking fountain is 37 inches above the finished floor. Provide a drinking fountain with a spout outlet no higher than 36 inches above the finished floor, or provide a cup dispenser next to the drinking fountain in an accessible location with cups that dispense within the reach ranges of persons who use wheelchairs. §§ 4.15.2, 4.15.5 & Fig. 27, 4.27.3, 4.2.5, 4.2.6.

81. MEN’S AND WOMEN’S TOILET ROOM

a. The toilet rooms do not have accessible signage. Provide signs, with raised characters and Braille on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing with a door swing.
§§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

b. The hot water and drain pipes beneath the lavatories are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes consistent with the Standards. §§ 4.1.3(11), 4.22.6, 4.19.4.

c. The soap dispensers in each toilet room are located 50 inches above the finished floor for a side approach. Provide soap dispensers so that their highest operable part is not higher than 44 inches above the finished floor. §§ 4.1.3 (13), 4.27.3.

d. The toilet paper dispensers in the designated accessible stalls are located 40 1/2 inches above the finished floor. Provide toilet paper dispensers so that there is a minimum of 1 1/2 inches between the bottom of the grab bar and the top of the toilet paper dispenser, and the centerline of the toilet paper dispenser is a minimum of 19 inches above the finished floor with the paper outlet at least 9 inches above the floor. §§ 4.1.3(11), 4.22.4, 4.17.3 and Fig. 30(d), 4.2.6.

e. In the designated accessible stall the coat hook is 68 inches above the finished floor. Provide a hook that is no more than 54 inches above the finished floor for a side reach or, if that is not available, 48 inches above the finished floor for a front reach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

f. The centerline of the toilet in each of the designated accessible stalls are located 16 1/2 inches from the side wall. Provide a toilet so that the centerline is exactly 18 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(a).

g. There are no visual alarms in the toilet rooms. Provide visual alarms in the toilet rooms. §§ 4.1.3(14), 4.28.

The County shall complete the following alterations to the ISLE OF WIGHT SERVICE BUILDING (OCEAN CITY) located at 1 St. Martins Neck Road, within one year of the effective date of this Agreement:

82. UNISEX TOILET ROOM

a. The toilet room does not comply with the Standards. It is 55 1/2 inches wide and 86 inches deep. Provide a “standard” accessible toilet stall or room at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, coat hook height, and controls and dispensers comply with the Standards. §§ 4.1.3(11), 4.22.

b. The toilet room door hardware requires tight grasping, pitching or twisting of the wrist. Provide an accessible lock device that is easy to grasp with one hand and does not require tight grasping, tight pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are accessible designs.
§§ 4.1.3(7)(b), 4.13.9.

c. The centerline of the toilet is located 16 inches from the side wall. Provide a toilet so that the centerline is 18 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(a).

d. The soap dispenser is located 52 inches above the finished floor. Provide a soap dispenser so that its highest operable part is not higher than 54 inches above the finished floor for a side reach or, if that is not available, 48 inches above the finished floor for a front reach. §§ 4.1.3(11), 4.22.7, 4.27.3, 4.2.5, 4.2.6.

e. The mirror is mounted so that the bottom edge of the reflecting surface is 53 inches above the finished floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor.
§§ 4.1.3(11), 4.22.6, 4.19.6.

f. The toilet seat cover dispenser in the toilet room is 55 inches above the finished floor. Provide a toilet seat cover so that is within the reach ranges of a person using a wheelchair. §§ 4.1.3(13), 4.27, 4.2.5, 4.2.6.

g. A trash can located in the toilet room intrudes into the clear floor space in front of the lavatory. Provide at least 30 inches by 48 inches of clear floor space for the lavatory.
§§ 4.1.3(1), 4.3.3, 4.2.4.1.

h. The toilet room has no rear grab bar. Provide a rear grab bar 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), 4.22.7, 4.27.3, 4.2.5 & Fig. 5(b).

i. There are no visual alarms in the toilet rooms. Provide visual alarms in the toilet rooms. §§ 4.1.3(14), 4.28.

83. SERVICE COUNTER (TREASURER’S OFFICE)

a. The top of the service counter is 41 inches above the finished floor. Provide 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; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs).
§ 7.2(2).

The County shall complete the following alterations to the WORCESTER COUNTY HEALTH AND REHABILITATION CENTER (BERLIN) located at 9730 Healthway Drive within one year of the effective date of this Agreement:

84. PARKING

a. There are four designated accessible parking spaces located in the front of the building. None is designated as van-accessible. Provide 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)(b), 4.6.4.

b. There is no signage directing users to the two additional accessible spaces on the side of the building. Provide directional signage with the International Symbol of Accessibility directing persons with disabilities to the additional accessible parking located on the side of the building. §§ 4.1.2(7)(c), 4.30.7(1).

85. SERVICE COUNTER

a. The top of the service counter is 48 inches above the finished floor. Provide 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; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs).
§ 7.2(2).

b. The top of the service counter in the interview modular is 43 1/2 inches above the finished floor. Provide 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; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

86. DOORS

a. The force required to open the doors to the patient examination rooms is 11 pounds. Provide a door closer so that the force required to open the door is no more than 5 pounds. §§ 4.1.3(7), 4.13.11(2)(b).

87. MEN’S AND WOMEN’S TOILET ROOMS

a. The Men’s and Women’s toilet rooms are inaccessible. Provide directional signage at the inaccessible toilet rooms directing users to the accessible unisex toilet rooms located on the opposite end of the building, with raised characters and Braille on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing with a door swing. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

The County shall complete the following alterations to the WORCESTER COUNTY LIBRARY (BERLIN BRANCH) located at 220 North Main Street within one year of the effective date of this Agreement:

88. PARKING

a. There are two designated accessible parking spaces located in the front of the building. None is designated as van-accessible. Provide 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)(b), 4.6.4.

b. The access aisle of the designated accessible spaces is not level in all directions because a built-up curb ramp intrudes into the aisle. Provide a level aisle with slopes not exceeding 1:50 in all directions. §§ 4.1.2(5)(a), 4.6.3, 4.7.

89. MEN’S AND WOMEN’S TOILET ROOMS

a. Toilet room signage is located on the door. Provide signs, with raised characters and Braille on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing with a door swing.
§§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

b. The toilet room door hardware requires tight grasping, pitching or twisting of the wrist. Provide an accessible lock device that is easy to grasp with one hand and does not require tight grasping, tight pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are accessible designs.
§§ 4.1.3(7)(b), 4.13.9.

c. The toilet paper dispenser is located above the grab bar and 56 inches above the finished floor. Provide toilet paper so that there is a minimum of 1 1/2 inches between the bottom of the grab bar and the top of the toilet paper dispenser, and the centerline of the toilet paper dispenser is a minimum of 19 inches above the finished floor with the paper outlet at least 9 inches above the floor. §§ 4.1.3(11), 4.22.4, 4.17.3 and Fig. 30(d), 4.2.6.

d. In the men’s toilet room only, a trash can intrudes into the clear floor space in front under the paper towel dispenser and the lavatory. Provide at least 30 inches by 48 inches of minimum clear floor space in front of and under the paper towel dispenser and the lavatory. §§ 4.1.3(11), 4.22.6, 4.19.3 & Fig.32, 4.27; 28 C.F.R. §35.133.

The County shall complete the following alterations to the NORTHERN WORCESTER ATHLETIC PARK located on Rt.113 within one year of the effective date of this Agreement:

90. PARKING

a. The parking lot has no designated accessible parking spaces. Provide four designated accessible parking spaces, including a 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)(a)(b), 4.6.

91. ACCESSIBLE ROUTE

a. There is no accessible route from the accessible parking spaces, the softball field, the soccer field breaches and playground equipment. Provide an accessible route from accessible parking spaces to these areas that is firm, stable, and slip resistant. Provide spaces for wheelchairs in the viewing areas adjoining the accessible route that are firm, stable, and slip resistant and have lines of sight comparable to those for the general public in compliance with the Standards. §§ 4.1.2 (2), 4.3.

92. PORTABLE TOILETS

a. When portable toilets are provided at this site, provide at least 5%, but not less than one, accessible single user portable toilet on an accessible route, identified by the International Symbol of Accessibility, at each cluster where inaccessible units are provided. A portable toilet is regarded as a single fixture, single user toilet room. §§ 4.1.2(6), 4.22.

MISCELLANEOUS PROVISIONS

93. Except as otherwise specified in this Agreement, at three, six, nine, and 12 months after the effective date of this Agreement, and annually thereafter until the termination or expiration of the Agreement, the County will submit written reports to the Department summarizing the actions the County has taken pursuant to this Agreement. Reports will include detailed photographs showing measurements, architectural plans, work orders, notices published in the newspaper, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations or equipment.

94. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the County will maintain the accessibility of its programs, activities, services, facilities, and equipment, and will take whatever actions are necessary (such as routine testing of accessibility equipment and routine accessibility audits of its programs and facilities) to do so. This provision does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs. 28 C.F.R. § 35.133(b).

95. Within 120 days of the effective date of this Agreement, the County will develop or procure a two-hour training program on the requirements of the ADA and the etiquette of interacting with persons with disabilities. The County will use the ADA technical assistance materials developed by the Department and will consult with interested persons, including individuals with disabilities, in developing or procuring the ADA training program.

96. Within one year of the effective date of this Agreement, the County will deliver its training program to all County employees who have direct contact with members of the public. At the end of that period, the County shall submit a copy of its training curriculum and materials to the Department, along with a list of employees trained and the name, title, and address of the trainer.

IMPLEMENTATION AND ENFORCEMENT

97. 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.

98. The Department may review compliance with this Agreement at any time. If the Department believes that the County has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a modification of the relevant terms, the Department 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 to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce title II and section 504 of the Rehabilitation Act.

99. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County to fail to comply in a timely manner with any of its requirements without obtaining sufficient advance written agreement with the Department for an extension of the relevant time frame imposed by the Agreement.

100. 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.

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

102. 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), 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 and section 504 of the Rehabilitation Act.

103. This Agreement will remain in effect for two (2) 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.

104. The persons signing for the County represents that they are authorized to bind the County to this Agreement.

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

For Worcester County:

For the United States:

The Comissioners By:__________________________ JOHN E. BLOXOM, President JAMES L. PURNELL, Vice President JUDITH O. BOGGS THOMAS A. CETOLA JAMES C. CHURCH LOUISE L. GULYAS VIRGIL L. SHOCKLEY Date       7/22/03

J. MICHAEL WIGGINS Acting Assistant Attorney General Civil Rights Division By:__________________________ JOHN L. WODATCH, Chief MARY LOU MOBLEY, Acting Deputy Chief ELIZABETH BACON, Supervisory Attorney CELESTE A. SIMMONS, Investigator MICHELE ANTONIO MALLOZZI, Architect U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, NW Disability Rights Section-NYA Washington, DC 20530 Date       7/28/03

Attachment A to Settlement Agreement between the United States of America and Worcester County in DJ# 204-35-240

WORCESTER COUNTY

NOTICE
UNDER THE
AMERICANS WITH DISABILITIES ACT

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

Employment: The County does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the Americans with Disabilities Act (ADA).

Effective Communication: The County will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.

Modifications to Policies and Procedures: The County will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all County programs, services, and activities. For example, individuals with service animals are welcomed in County offices, even where pets are generally prohibited.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a County program, service, or activity, should contact the office of George P. Bradley, Risk Manager, One West Market Street, Room 1301, Snow Hill, Maryland, 21863, as soon as possible but no later than 48 hours before the scheduled event.

The ADA does not require the County to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.

Complaints that a County program, service, or activity is not accessible to persons with disabilities should be directed to George P. Bradley, Risk Manager, One West Market Street, Room 1301, Snow Hill, Maryland, 21863.

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. [back to Agreement]

Attachment B to Settlement Agreement between the United States of America and Worcester County in DJ# 204-35-240

WORCESTER COUNTY

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:

George P. Bradley, Risk Manager
One West Market Street, Room 1301
Snow Hill, Maryland 21863

Within 15 calendar days after receipt of the complaint, Mr. Bradley or his designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, Mr. Bradley or his 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 County and offer options for substantive resolution of the complaint.

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

Within 15 calendar days after receipt of the appeal, the County Commissioners or their designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the County Commissioners or their 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 Mr. Bradley or his designee, appeals to the County Commissioners or their designee, and responses from these two offices will be retained by the County for at least three years. [back to Agreement]

Attachment C to Settlement Agreement between the United States of America and Worcester County in DJ# 204-35-240

WORCESTER COUNTY POLICE DEPARTMENT

POLICY STATEMENT REGARDING

EFFECTIVE COMMUNICATION WITH

PEOPLE WHO ARE DEAF OR HARD OF HEARING

OVERVIEW

It is the policy of this law enforcement agency (Worcester County Police Department) to ensure that a consistently high level of service is provided to all community members, including those who are deaf or hard of hearing. This Agency has specific legal obligations under the Americans with Disabilities Act and the Rehabilitation Act. To carry out these policies and legal obligations, the Agency instructs its officers and employees as follows:

• People who are deaf or hard of hearing are entitled to a level of service equivalent to that provided hearing persons.
  
  
• The Agency will make every effort to ensure that its officers and employees communicate effectively with people who are deaf or hard of hearing.
  
  
• Effective communication with a person who is deaf or hard of hearing involved in an incident -- whether as a victim, witness, suspect, or arrestee -- is essential in ascertaining what actually occurred, the urgency of the matter, and type of situation.
  
  
• Various types of communication aids – known as “auxiliary aids and services” – are used to communicate with people who are deaf or hard of hearing. These include use of gestures or visual aids to supplement oral communication; an exchange of written notes; use of a computer or typewriter; use of assistive listening devices (to amplify sound for persons who are hard of hearing); or use of qualified oral or sign language interpreters.
  
  
• The type of aid that will be required for effective communication will depend on the individual’s usual method of communication, and the nature, importance, and duration of the communication at issue.
  
  
• In many circumstances, oral communication supplemented by gestures and visual aids, an exchange of written notes, use of a computer or typewriter, or use of an assistive listening device may be effective. In other circumstances, qualified sign language or oral interpreters are needed to communicate effectively with persons who are deaf or hard of hearing. The more lengthy, complex, and important the communication, the more likely it is that a qualified interpreter will be required for effective communication with a person whose primary means of communication is sign language or speech reading. For example:

– If there has been an incident and the officer is conducting witness interviews, a qualified sign language interpreter may be required to communicate effectively with someone whose primary means of communication is sign language.

– If a person is asking an officer for directions to a location, gestures and an exchange of written notes will likely be sufficient to communicate effectively.

• To serve each individual effectively, primary consideration should be given to the communication aid or service that works best for that person. Officers must ask persons who are deaf or hard of hearing what type of auxiliary aid or service they need. Officers must defer to those expressed choices, unless there is another equally effective way of communicating, given the circumstances, length, complexity, and importance of the communication, as well as the communication skills of the person who is deaf or hard of hearing.
  
  
• The Agency is not required to provide a particular auxiliary aid or service if doing so would fundamentally alter the nature of the law enforcement activity in question, or if it would cause an undue administrative or financial burden. Only the Agency head or his or her designee may make this determination. For example:

– If the Agency has limited financial resources and providing a particular auxiliary aid would cost a large sum of money, the Agency head may determine that it would be an undue financial burden (note: the Agency’s budget as a whole must be considered). In this situation, the most effective means of communication that does not involve an undue burden must be used.

• The input of people who are deaf or hard of hearing who are involved in incidents is just as important to the law enforcement process as the input of others. Officers must not draw conclusions about incidents unless they fully understand -- and are understood by -- all those involved, including persons who are deaf or hard of hearing.
  
  
• People who are deaf or hard of hearing must never be charged for the cost of an auxiliary aid or service needed for effective communication.

ON-CALL INTERPRETIVE SERVICES

• The Agency will maintain a list of sign language and oral interpreting services that are available (on-call 24 hours per day) and willing to provide qualified interpreters as needed. Each of these services will be chosen after having been screened for the quality and skill of its interpreters, its reliability, and other factors such as cost. The Agency will update this list annually.
  
  
• A qualified sign language or oral interpreter is one who is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Accordingly, an interpreter must be able to sign to the deaf individual (or interpret orally to the person who does not use sign language) what is being said by the hearing person and to voice to the hearing person what is being signed or said by the deaf individual. The interpreter must be able to interpret in the language the deaf person uses (e.g., American Sign Language or Signed English) and must be familiar with law enforcement terms and phrases. Because a qualified interpreter must be able to interpret impartially, a family member, child, or friend of the individual who is deaf may not be qualified to render the necessary interpretation because of factors such as professional, emotional, or personal involvement, or considerations of confidentiality. Additionally, although a “qualified” interpreter may be certified, a certified interpreter is not necessarily “qualified,” if he or she is not a good communications match for the deaf person (e.g., where the deaf person uses Signed English and the interpreter uses American Sign Language) or the situation (e.g., where the interpreter is unfamiliar with law enforcement vocabulary). Certification is not required in order for an interpreter to be “qualified.”

TTY AND RELAY SERVICES

• In situations when a nondisabled person would have access to a telephone, officers must provide persons who are deaf or hard of hearing the opportunity to place calls using a text telephone (TTY, also known as a telecommunications device for deaf people, or TDD). Officers must also accept telephone calls placed by persons who are deaf or hard of hearing through the Telecommunications Relay Service.

TECHNIQUES FOR OFFICERS TO COMMUNICATE EFFECTIVELY

• Officers must review and have a working knowledge of Guide for Law Enforcement Officers When In Contact With People Who Are Deaf or Hard of Hearing. This document reviews how officers should communicate effectively in the types of situations officers will encounter. These situations include:

– Issuing a noncriminal or motor vehicle citation.
– Communicating with a person who initiates contact with an officer.
– Interviewing a victim or critical witness to an incident.
– Questioning a person who is a suspect in a crime.
– Making an arrest or taking a person into custody.
– Issuing Miranda Warnings to a person under arrest or in custody.
– Interrogating a person under arrest or in custody.

PROCEDURES FOR OBTAINING AUXILIARY AIDS AND SERVICES

• Officers must utilize the following auxiliary aids, when available, to communicate effectively:

– Use of gestures
– Use of visual aids
– Exchange of written notes
– Use of computers or typewriters
– Use of assistive listening devices
– Use of teletypewriters (TTY’s)
– Use of qualified oral or sign language interpreters

[back to Agreement]

Attachment D to Settlement Agreement between the United States of America and Worcester County in DJ# 204-35-240

GUIDE FOR LAW ENFORCEMENT OFFICERS

When In Contact With People Who Are Deaf or Hard of Hearing

As a law enforcement officer, you can expect to come into contact with people who are deaf or hard of hearing.

Title II of the Americans with Disabilities Act (ADA) of 1990 prohibits State and local government from discriminating against an individual with a disability. Municipal and State police and county sheriff departments are bound by this Federal law. Your office has adopted a more detailed policy regarding law enforcement officers’ communication with people who are deaf of hard of hearing. You should become familiar with this policy.

What does title II require of you when interacting with persons who are deaf or hard of hearing? Among other things, your communication with such an individual must be as effective as your communication with hearing people.

How do you communicate? Provide aids or services as necessary to ensure that the deaf or hard of hearing individual understands what you are saying and that you understand him or her. These can include:

– use of qualified sign language or oral interpreters

– for people who are hard of hearing, speaking loudly and clearly, and use of assistive listening devices (to amplify sound)

– use of gestures or visual aids to supplement oral communication

– an exchange of written notes

– or use of a computer or typewriter.

What method of communication should you use? The law requires you to give primary consideration to the individual’s preference. Ask how the person wishes to communicate.

For example, some people who are deaf do not use sign language and may need to use a different aid or rely on lipreading. In one-on-one communication with an individual who lip reads, an officer should face the individual directly, and should ensure that the communication takes place in a well-lighted area.

Honor the individual’s choice unless it would significantly interfere with your law enforcement responsibilities or you are confident that other means of communicating, that may be easier to provide, are just as effective. Remember that deaf or hard of hearing persons must be able to understand you as well as those who do not have hearing impairments.

DO NOT ask a family member or friend to interpret for a deaf individual unless it is urgent to communicate immediately and that is the only option. If the deaf person requests that arrangement and the other person agrees, however, you can proceed.

How do you know when you are communicating clearly to an individual who is deaf or hard of hearing? Ask the person to summarize what you are saying. Test his or her understanding.

If the person uses sign language, what kinds of communication require an interpreter? Consider the length, importance, and complexity of the communication, as well as the context.

– In a simple encounter, such as checking a driver’s license or giving directions, a notepad and pencil or perhaps gestures will normally be sufficient.

– During interrogations and arrests, a sign language interpreter will often be necessary.

– If the legality of a conversation will be questioned in court, such as where Miranda warnings are issued, a sign language interpreter may be necessary. You should be careful about
misunderstandings in the absence of a qualified interpreter. A nod of the head may be an attempt to appear cooperative in the midst of misunderstanding, rather than consent or a confession of wrongdoing.

– In general, if an individual who does not have a hearing disability would be subject to police action without interrogation, then an interpreter will not be required, unless one is necessary to explain the action being taken.

Example: An officer clocks a car on the highway driving 15 miles above the speed limit. The driver, who is deaf, is pulled over and issued a noncriminal citation. The individual is able to understand the reasons for the citation, because the officer exchanges notes and points to information on the citation. A sign language interpreter is not needed.

Example: An officer responds to an aggravated battery call and upon arriving at the scene observes a bleeding victim and an individual holding a weapon. Eyewitnesses observed the individual strike the victim. The individual with the weapon is deaf, but the officer has probable cause to make a felony arrest without an interrogation. An interpreter is not necessary to carry out the arrest.

Example: An officer responds to the scene of a domestic disturbance. The husband says the wife has been beating their children and he has been trying to restrain her. The wife, who is deaf, requests an interpreter. The officer begins by exchanging notes but the woman’s responses indicate a lack of comprehension and poor grammar. An interpreter is necessary to carry out any arrest. In this situation, it would be inappropriate to use a family member to assist with communication, even if it is offered.

Do you have to take a sign language interpreter to a call about a violent crime in progress or a similar urgent situation involving a person who is deaf? No. An officer's immediate priority is to stabilize the situation. If the person being arrested is deaf, the officer can make an arrest and call for an interpreter to be available later at the booking station.

Contact numbers for your local sign language interpreters:

_____________________________________________________

_____________________________________________________

_____________________________________________________

[back to Agreement]

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September 4, 2003