SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

KANAWHA COUNTY, WEST VIRGINIA

UNDER THE AMERICANS WITH DISABILITIES ACT


DJ 204-84-45





BACKGROUND


SCOPE OF THE INVESTIGATION


The United States Department of Justice (Department) initiated this matter as a compliance review of Kanawha County, West Virginia, 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 have been made by January 26, 1995), in accordance with the Department’s title II regulation, 28 C.F.R. § 35.150, 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;

 

          to provide direct access via TTY (text telephone) or computer-to-telephone emergency services, including 9-1-1 services, for persons who use TTY’s and computer modems, 28 C.F.R. § 35.162;

 

          to provide information for interested persons with disabilities concerning the existence and location of the County’s accessible services, activities, and facilities, 28 C.F.R. § 35.163(a); and

 

          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 alterations requirements: Kanawha County Parking Facility, Upper Kanawha Valley Enterprise Community, and Judicial Annex.


            The Department’s program access review covered those of the County’s programs, services, and activities that operate in the following facilities: Patchwork, Dunbar Athletic Boosters, Kanawha-Charleston Board of Health, and Kanawha County Courthouse.


            The Department conducted a program access review of the following polling places: Nitro Elementary School, Glasgow City Building, Hayes Middle School, Marmet City Hall, Cabin Creek Volunteer Fire Department, Camp Virgil Tate Lodge, Quick Area Community Center, Weberwood Fire Station, Elkview Middle School, Point Harmony Elementary School, Belle Elementary School, Mary Ingles Elementary School, Lakewood Elementary School, McKinley Junior High School, Chesapeake City Hall, Montgomery City Fire Station, Stonewall Jackson Middle School, Kanawha City Elementary School, Ruffner Elementary School, Chamberlain Elementary School, and Cross Lanes Elementary School. This review was limited to the areas of the facilities used by the voting public: parking, the route from the parking area to the area used for voting, and the area used for voting.


            The Department also conducted a program access review of the following facilities that are designated as emergency shelters: St. Albans High School, Riverside High School, Herbert Hoover High School, George Washington High School, and Sissonville High School. This review was limited to the areas of the facilities used by members of the public during an emergency: parking, the route from the parking area to the area used as a shelter, the area used as a shelter, and toilet facilities serving that area.


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


            Finally, the Department reviewed the County’s Sheriff’s Department’s policies and procedures regarding providing effective communication to persons who are deaf or hard-of-hearing.


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 title II implementing 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 Kanawha County.

 

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 “Implementation and Enforcement.”


ACTIONS TAKEN BY KANAWHA COUNTY

 

7.         In 2002, the County Commission completed a self-evaluation for compliance with section 504 of the Rehabilitation Act of 1973 in connection with the Kanawha County Courthouse and the Judicial Annex buildings.

 

8.         The County’s self-evaluation examined employment and personnel policies and practices, the extent to which programs and activities are readily accessible to individuals with disabilities, the extent to which benefits and service delivery are free from discriminatory effects, and the extent to which contractual arrangements are free from subjecting persons with disabilities to discrimination.

 

9.         The County designated an on-site coordinator to monitor compliance with Section 504.

 

10.       The County has specific grievance procedures that incorporate appropriate due process standards and provide for prompt and equitable resolution of Section 504-related complaints.

 

11.       The County provides a teletypewriter (TTY) at the Security Desk in the Judicial Annex Building, the County Commissioner’s Office, and the Voter’s Registration Office.

 

12.       The County surveyed its polling locations for accessibility.

 

13.       The County meets with persons with disabilities on a regular basis in order to improve the accessibility of its programs.

 

14.       In the past year, the County widely advertised and held a public meeting to discuss accessibility issues in County facilities.

 

15.       The County has actively worked with the Department to begin addressing accessiblity concerns set out in this Agreement.


REMEDIAL ACTION


NOTIFICATION

 

16.       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.

 

17.       Within three months of the effective date of this Agreement, and on yearly anniversaries of this Agreement until it expires, 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.


ADA COORDINATOR

 

18.       Within three months of the effective date of this Agreement, the County will appoint or hire one or more ADA Coordinator(s). The ADA Coordinator(s) will coordinate the County’s effort to comply with and carry out its responsibilities under the ADA, including any investigation of complaint communicated to it alleging its noncompliance with title II or alleging any actions that would be prohibited under title II. The County will make available to all interested individuals the name(s), office address(es), and telephone number(s) of the ADA Coordinator(s).


GRIEVANCE PROCEDURE

 

19.       Within three 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

 

20.       Within three 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 sign language or oral interpreters, real-time transcription services, and documents in alternate formats (Braille, large print, cassette tapes, etc.).

 

21.       The County will take steps to ensure that all appropriate employees are trained and practiced in using the West Virginia Relay Service to make and receive calls.



LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION

 

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

 

23.       Within three 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, to its sheriff department or make other appropriate arrangements (such as contracting directly with or hiring qualified interpreters).

 

24.       Within three months of the effective date of this Agreement, the County will ensure that each sheriff station, substation, or detachment and each detention facility is equipped with a working TTY to enable persons who are deaf, hard of hearing, or who have speech impairments to make outgoing telephone calls. Where inmate telephone calls are time-limited, the County will adopt policies permitting inmates who use TTY’s a longer period of time to make those calls, due to the slower nature of TTY communications compared with voice communications.


POLLING PLACES

 

25.       Some of the County polling places may be owned or operated by other public entities subject to title II or by public accommodations subject to title III and, as such, would be subject to the obligation to provide program access or to remove barriers to accessibility under the ADA. This Agreement does not limit future enforcement action against the owners or operators of these polling places by any person or entity, including the Department.

 

26.       Before designating any site as a new polling place, the County will survey the site using the survey instrument at Exhibit F to determine whether the site contains barriers to access by people with disabilities in the parking, exterior route to the entrance, entrance, interior route to the voting area, or voting area. The County will not designate any such site as a polling place until all such barriers have been removed.

 

27.       The Department surveyed certain of the County's polling places. Barriers to access at such polling places owned by the County and the dates by which the County will remove barriers are noted in Attachments I, J, and K.

 

28.       Barriers to access at the polling places not owned by the County which were surveyed by the Department are noted in Attachment E. Within one month of the effective date of this Agreement, the County will request in writing that each of the owners and operators of the polling places listed in Attachment E remove the noted barriers to access for persons with disabilities within one year of the effective date of this Agreement. The County will provide a copy of the Department's ADA Checklist for Polling Places (www.ada.gov/votingck.htm) with the written request. The County will simultaneously send a courtesy copy of the request to the Department.

 

29.       Within 14 months of the effective date of this Agreement, the County will survey all facilities listed in Attachment E to determine whether the barriers noted have been removed. If not, for each polling place that still contains inaccessible parking, exterior route to the entrance, entrance, interior route to the voting area, or voting area, the County will identify within 18 months of the effective date of this Agreement an alternate location where these elements are accessible. That identification will utilize the survey instrument that appears as Attachment F to this Agreement. The County will then take immediate steps to change its polling place to the new location. Under this provision of the Agreement, the County will ensure that barriers at each polling place identified in Attachment E are either removed or a substitute accessible polling place is in operation before the next election occurring more then 18 months after the effective date of this Agreement.

 

30.       Within 14 months of the effective date of this Agreement, using the survey instrument at Attachment F, the County will survey all polling places not surveyed by the Department to identify barriers to access by people with disabilities in the parking, exterior route to the entrance, entrance, interior route to the voting area, and voting area. Within 24 months of the effective date of this Agreement, for each such polling place, the County will then either (1) ensure that all barriers to access by people with disabilities have been removed or (2) identify an alternate polling place with no barriers to access by people with disabilities. That identification of accessible polling places will utilize the survey instrument that appears as Attachment F to this Agreement. The County will then take immediate steps to change each new inaccessible polling place to a new accessible location. Under this provision of the Agreement, the County will ensure that barriers at each polling place the Department did not survey are either removed or a substitute accessible polling place is in operation before the next election occurring more then 24 months after the effective date of this Agreement.

 

31.       Until all polling places in each precinct or voting district have accessible parking, exterior routes, entrances, interior routes to the voting area, and voting area, prior to each election, the County will identify and widely publicize to the public and to persons with disabilities and organizations serving them the most accessible polling place(s) for each precinct or voting district.

 

32.       Within three months of the effective date of this Agreement, the County will provide opportunities for same-day balloting for voters with disabilities whose assigned polling place does not have accessible parking, exterior route to entrance, entrance, interior route to the voting area, and voting area. The method for providing these opportunities may include allowing the individual to vote at another nearby location that is accessible, allowing individuals with disabilities to vote by an absentee ballot that is accepted if postmarked on the day of the election (or picked up by election officials at the home of the voter on the same day as the election), providing curbside voting at the inaccessible polling place, or any other method that ensures that voters with disabilities have the same degree of information available to them when casting their ballots as others. If curbside assistance is provided and a polling place official is not stationed outside to provide assistance to people with disabilities in curbside voting, it must include a reliable, effective mechanism by which individuals with disabilities can summon election officials to provide curbside assistance without leaving their vehicles and ensure prompt response and assistance with curbside voting from polling officials.

 

33.       Within three months of the effective date of this Agreement, the County will survey its voter registration locations for accessibility to persons with disabilities by using the form provided at Attachment F and will report the results of this survey to the Department. If barriers to access are identified, the County will implement and report to the Department its plan to provide program access, which may include allowing persons to register to vote through alternative means or at alternative locations.

 

34.       Within three months of the effective date of this Agreement, the County will make all voter registration materials available in alternate formats, including Braille, large print, audio tape, and computer disk.

 

35.       Within the month prior to the next election that utilizes the County's polling places, and at yearly anniversaries of the effective date of this Agreement until it expires, the County will train poll workers on the rights of people with disabilities and the practical aspects of assuring those rights. The training will cover, at minimum, the need to maintain the physical accessibility of polling locations; how to assist people with disabilities, as necessary; and how to operate any non-standard voting equipment or accessible features of standard equipment (particularly new, accessible equipment).


EMERGENCY MANAGEMENT PROCEDURES AND POLICIES

 

36.       If the County contracts with another entity, such as the American Red Cross or another local government, to provide its emergency preparedness plans and emergency response services, the County will ensure that the other entity complies with the following provisions on its behalf.

 

37.       Within three months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that it regularly solicits and incorporates input from persons with a variety of disabilities and those who serve them regarding all phases of its emergency service plan (preparation, notification, response, and clean up).

 

38.       Within three months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that its community evacuation plans enable those who have mobility impairments, vision impairments, hearing impairments, cognitive disabilities, mental illness, or other disabilities to safely self-evacuate or be evacuated by others. Some communities are instituting voluntary, confidential registries of persons with disabilities who may need individualized evacuation assistance or notification. If the County adopts or maintains such a registry, its report to the Department will discuss its procedures for ensuring voluntariness, appropriate confidentiality controls, and how the registry will be kept updated, as well as its outreach plan to inform persons with disabilities of its availability. Whether or not a registry is used, the County plan should address accessible transportation needs for persons with disabilities.

 

39.       Within three months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that if its emergency warning systems use sirens or other audible alerts, it will also provide ways to inform persons with hearing impairments of an impending disaster. The use of auto-dialed TTY messages to pre-registered individuals who are deaf or hard of hearing, text messaging, e-mails, open-captioning on local TV stations and other innovative uses of technology may be incorporated into such procedures, as well as lower-tech options such as dispatching qualified sign language interpreters to assist with emergency TV broadcasts.

 

40.       Within three months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that at least one emergency shelter has a back-up generator and a way to keep medications refrigerated (such as a refrigerator or a cooler with ice). Such shelter(s) will be made available to persons whose disabilities require access to electricity and refrigeration, for example, for using life-sustaining medical devices, providing power to motorized wheelchairs, and preserving certain medications, such as insulin, that require refrigeration. The written procedures will include a plan for notifying persons of the location of such shelter(s).

 

41.       Within three months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that persons who use service animals are not separated from their service animals when sheltering during an emergency, even if pets are normally prohibited in shelters. The procedures will not unnecessarily segregate persons who use service animals from others but may take into account the potential presence of persons who, for safety or health reasons, should not be in contact with certain types of animals.

 

42.       Some of the of the County’s emergency shelters may be owned or operated by other public entities subject to title II or by public accommodations subject to title III and, as such, are subject to the obligation to provide program access or remove barriers to accessibility under the ADA. This Agreement does not limit such future enforcement action against the owners or operators of these facilities by any person or entity, including the Department.

 

43.       Within one month of the effective date of this Agreement, the County will request in writing that each of the owners and operators of the shelter facilities listed in Attachment G will remove the noted barriers to access for persons with disabilities. The request will specify that the remediation be completed within one year of the effective date of this Agreement. The County will simultaneously send a courtesy copy of the request to the Department.

 

44.       Within 14 months of the effective date of this Agreement, the County will survey the shelters listed in Attachment G to determine whether the noted barriers have been removed. If not all barriers have been removed, the County will identify within 18 months of the effective date of this Agreement an appropriate number of alternate shelters where the parking, exterior routes, entrances, interior routes to the shelter area, and toilet rooms to the shelter area comply with the Standards.

 

45.       Within three months of the effective date of this Agreement and until all emergency shelters have accessible parking, exterior routes, entrances, interior routes to the shelter area, and toilet rooms serving the shelter area, the County will identify and widely publicize to the public and to persons with disabilities and the organizations that serve them the most accessible emergency shelters.

 

46.       To the extent that the County provides opportunities for post-emergency temporary housing to its residents, within 3 months of the effective date of this Agreement, it will develop, implement, and report to the Department its plans for providing equivalent opportunities for accessible post-emergency temporary housing to persons with disabilities. Within one year of the effective date of this Agreement, the County will ensure that information it makes available regarding temporary housing includes information on accessible housing (such as accessible hotel rooms within the community or in nearby communities) that could be used if people with disabilities cannot immediately return home after a disaster if, for instance, necessary accessible features such as ramps or electrical systems have been compromised.


WEB-BASED SERVICES AND PROGRAMS

 

47.       Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the County will distribute to all persons – employees and contractors – who design, develop, maintain, or otherwise have responsibility for content and format of its website(s) or third party websites used by the County (Internet Personnel) the technical assistance document, “Accessibility of State and Local Government Websites to People with Disabilities,” which is Attachment H to this Agreement (it is also available at www.ada.gov/websites2.htm).

 

48.       Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the County will do the following:

 

            A.        Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation;

 

            B.        Ensure that all new and modified web pages and content are accessible;

 

            C.        Develop and implement a plan for making existing web content more accessible;

 

            D.        Provide a way for online visitors to request accessible information or services by posting a telephone number or e-mail address on its home page; and

 

            E.        Periodically (at least annually) enlist people with disabilities to test its pages for ease of use.


PHYSICAL CHANGES TO FACILITIES

 

49.       The elements or features of the County’s facilities that do not comply with the Standards, including those listed in Attachments I, J, K, and L, 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.

 

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

 

51.       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.

 

52.       Newly Constructed Facilities: In order to ensure that the spaces and elements in County facilities which are subjects of this Agreement, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment I.

 

53.       Altered Facilities: In order to ensure that the spaces and elements in County facilities which are subjects of this Agreement, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment J.

 

54.       Program Access in County 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, is readily accessible to and usable by persons with mobility impairments, the County will take the actions listed in Attachment K.


PROGRAM MODIFICATIONS

 

55.       Access to County Programs Housed in Others’ Facilities: In order to ensure that the County’s programs, services, and activities that are the subject of this Agreement and that are operated by the County at facilities owned or controlled by other entities, when viewed in its entirety, are readily accessible to and usable by persons with mobility impairments, the County will take the actions listed in Attachment L.


PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE

 

56.       Within three months of the effective date of this Agreement, the County will take the following actions with respect to its Domestic Violence Programs:

 

            A.        Whatever written information is provided regarding its Domestic Violence Programs will also be provided in alternate formats, including Braille, large print, audio recording, and electronic formats, upon request.

 

            B.        Enter into contracts or make other arrangements with qualified sign language and oral interpreters to ensure their availability when required for effective communication with persons who are deaf or hard of hearing. 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.

 

            C.        If the County’s Domestic Violence Programs operate a hotline to take telephone calls of an emergency nature, the County shall ensure that it provides equivalent service for persons who use TTY’s, including providing direct-connection service for TTY users with hotline operators, without requiring TTY users to call through a third party operator, such as through the state or local Telecommunication Relay Services. The County will obtain the necessary equipment, establish the written procedures, and provide the training necessary to ensure effective communication by Hotline staff with direct-connection callers using TTY’s, as well as the training necessary to respond to callers who use the Telecommunication Relay Services.

 

            D.        Survey facilities used for counseling, job training, education, clothing or household provisioning, or other aspects of Domestic Violence Programs – to ensure that adequate arrangements are available for potential clients and family members with disabilities, including adults and children who have mobility impairments, who are blind or have low vision, and who are deaf or hard of hearing. Within one year of the effective date of this Agreement, modify each such facility to remove the barriers or, alternatively, procure another, fully accessible facility to ensure that potential clients and family members with disabilities have integrated options when participating in the County’s Domestic Violence programs. Nothing in this Agreement requires any modifications that would compromise the confidentiality of a counseling center. The cost to potential clients of being served in alternate accessible facilities shall not exceed any costs normally attributed to clients of the County’s Domestic Violence Programs.

 

            E.        Implement written procedures and modify, as appropriate, eligibility criteria, to ensure that no person with a disability is denied the opportunity to benefit from the services of the County’s Domestic Violence Programs on the basis of disability.

 

            F.        Implement written procedures to ensure that persons with disabilities who use service animals are not denied or discouraged from participating in Domestic Violence Programs, are able to be housed and served in an integrated environment, and are not separated from their service animals while participating in the County’s Domestic Violence Programs even if pets are normally not permitted in the facilities where such programs are conducted. The procedures will not unnecessarily segregate persons who use service animals from others but may take into account the potential presence of persons who, for safety or health reasons, should not be in contact with certain types of animals. If the County’s Domestic Violence Programs require clients to make any payments for services they provide, clients shall not be required to make additional payments because they or their family members use service animals.

 

            G.        Implement written procedures to ensure that reasonable modifications are made to the County’s Domestic Violence Programs when necessary for a client or family member with a disability to participate in such Programs, unless doing so would fundamentally alter the nature of the program.

 

            H.        Implement written policies to ensure that despite any “drug-free” policy of the County’s Domestic Violence Programs, persons with disabilities who use medication prescribed for their use are able to continue using such medication while participating in such Programs.

 

57.       If the County contracts with another entity to provide or operate programs that provide counseling or other assistance or supportive services to victims of domestic violence or abuse and their families (hereafter referred to as “Domestic Violence Programs”), it will ensure that the other entity complies with the preceding provisions on its behalf. If that entity will not comply with the following provisions, the County will nonetheless take all necessary steps to ensure that its program is accessible to persons with disabilities.

 

58.       Some of the of the facilities used in the County’s Domestic Violence Programs may be owned or operated by other public entities subject to title II or by public accommodations subject to title III and, as such, are subject to the obligation to provide program access or remove barriers to accessibility under the ADA. This Agreement does not limit such future enforcement action against the owners or operators of these facilities by any person or entity, including the Department.

 

59.       This Agreement shall not be construed to require the County to divulge confidential information relating to the location or existence of any Domestic Violence Programs, beyond what is otherwise required by applicable law or what is necessary for the Department to effectively enforce this Agreement.


MISCELLANEOUS PROVISIONS

 

60.       Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, 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.

 

61.       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).

 

62.       Within six months 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 appropriate ways of serving 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.

 

63.       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 will 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

 

64.       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 will not be unreasonably withheld or delayed.

 

65.       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.

 

66.       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.

 

67.       Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein will not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.

 

68.       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.

 

69.       This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement (including its Attachments, which are hereby incorporated by reference), will be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the County’s continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act.

 

70.       This Agreement will remain in effect for three years.


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

 

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








For Kanawha County:






By:

    W. KENT CARPER,

    President

     



                                                             

    DAVID J. HARDY,

    Commissioner



                                                               

    HENRY CLAY “HOPPY” SHORES,

    Commissioner

    Kanawha County Commission

    407 Virginia Street East 3rd Floor

    Charleston, WV 25301



Date:


For the United States:


     WAN J. KIM,

     Assistant Attorney General


 

By:_____________________________ 

     JOHN L. WODATCH, Chief

     JEANINE WORDEN, Deputy Chief

     DOV LUTZKER, Attorney

     MARK J. MAZZ, Architect

     ELIZABETH BRZEZOWSKI, Investigator

     U.S. Department of Justice

     Civil Rights Division

     950 Pennsylvania Avenue, N.W.

     Disability Rights Section - NYA

     Washington, DC 20530

      (202) 307-0663


Date:      12/5/06                 

 

 

 




Return to Project Civic Access


March 12, 2007