SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

TILLAMOOK COUNTY, OREGON


UNDER THE AMERICANS WITH DISABILITIES ACT

DJ 204-61-153




BACKGROUND

SCOPE OF THE INVESTIGATION

The United States Department of Justice (Department) initiated this matter as a compliance review of Tillamook County, Oregon, 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:

  • 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.

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: Health Department in Tillamook, the Justice Center, County Library in Pacific City, Barview Park Restrooms 2,4, and 6, Juvenile Department in the County Courthouse, third floor accessible men’s and women’s toilet rooms in the County Courthouse, County Commissioners Meeting Room, Pacific Dental Clinic in Tillamook, and Webb Park.

The Department’s program access review covered those of the County’s programs, services, and activities that operate in the following facilities: County Courthouse, County Library in Tillamook, County Public Works, County Health Department in Cloverdale, Marion Barr Library in Bay City (exterior only), County Health Services in Rockaway Beach, County Library in Rockaway Beach (exterior only), County Library in Manzanita, and the County Library in Garibaldi.

The Department also conducted a program access review of the Tillamook County Fairgrounds facilities, which are designated as emergency shelters. 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 voting, 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 has included policies and procedures for the County Sheriff’s Department 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 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 Tillamook County, Oregon.

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 THE COUNTY

7. The County has a designated ADA Coordinator.

8. The County drafted a self-evaluation and transition plan in 1992 and the original work was done in 1992 through 1994. Since that time, the County has made subsequent improvements in order to ensure that the programs offered at County facilities are readily accessible to and usable by individuals with mobility impairments. The County conducts biweekly public meetings to hear issues arising from its citizens.


REMEDIAL ACTION

NOTIFICATION

9. 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.

10. 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

11. 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

12. 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 interpreters, real-time transcription services, and documents in alternate formats (Braille, large print, cassette tapes, etc.).

LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION

13. Within two months of the effective date of this Agreement, the County will adapt for its own use and implement the Tillamook County Sheriff’s Department’s 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].

14. 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, or make other appropriate arrangements (such as contracting directly with or hiring qualified interpreters).

EMERGENCY MANAGEMENT PROCEDURES AND POLICIES

15. Within one month of the effective date of this Agreement, the County will request in writing that the owners and operators of the Tillamook County Fairgrounds 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:

a. The toilet room sign for the unisex toilet room is mounted in the wrong location and does not have Braille. Provide a sign, using raised characters and Braille, mounted 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 and a person can approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

b. The toilet room signs for the men’s and women’s toilet rooms are mounted in the wrong location. Provide a sign for each room, using raised characters and Braille, 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 and a person can approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

c. There are no visual alarms in the toilet rooms. Provide visual alarms in the women’s toilet room, the men’s toilet room and the unisex toilet room in compliance with the Standards. §§ 4.1.3(14), 4.28.

d. Access to the grab bar in each toilet room is obstructed by the toilet paper dispenser. Provide a minimum of 1 1/2 inches of clearance to the underside of each grab bar. §§ 4.26.2, Fig. 39(d).

e. The rear grab bar in the designated accessible stall in the women’s toilet room is mounted 8 inches from the side wall. Provide a grab bar with the end closer to the side wall mounted no more than 6 inches from the side wall. § 4.17.3 and Figure 30(a).

f. The mirror in the women’s toilet room is mounted so that the bottom edge of the reflecting surface is 50 1/2 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. § 4.19.6.

g. The highest operable part of the paper towel dispenser in the women’s toilet room is 53 inches high with a front approach. Provide a paper towel dispenser in the men’s and women’s rooms so that the highest operable part is within the reach ranges of a person who uses a wheelchair. §§ 4.27.3, 4.2.5, 4.2.6.

h. Access to the drinking fountain is obstructed by a wooden bench. Provide a clear floor space of 30 inches by 48 inches at the drinking fountain §§ 4.2.4.1, 4.3.2(2).

i. There are no handrails provided at the ramp into the stands. Provide handrails that comply with the Standards at both sides of the ramp. § 4.8.5.

PHYSICAL CHANGES TO FACILITIES

16. 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. 42 U.S.C. § 12132 and 28 C.F.R. §§ 35.149 and 35.150.

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

18. 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:

19. The County was adding a new addition to the Tillamook Health Department to house the public areas of the facility at the time the onsite investigation was conducted. The addition is now complete. Within 6 months of the effective date of this Agreement, the County will insure that the new addition is compliant with the Standards, including the following:

a. In the designated accessible unisex toilet room in the new addition, the toilet centerline appears to be more than 18 inches from the side wall, the flush control is on the closed side of the room, the rear grab bar is located more than 6 inches from the side wall and is obstructed by the soap dispenser, the trash can intrudes upon the clear floor space of the lavatory, the top of the lavatory appears to be mounted higher than 34 inches and the bottom of the reflecting surface of the mirror is higher than 40 inches above the finished floor. Provide a toilet room that complies fully with the Standards. Standards §§ 4.1.3(11), 4.22.4, 4.16.2 & Fig. 28., 4.16.5, 4.16.4, 4.19.2, 4.19.3, and 4.19.6.

b. The top landing of the ramp to the entrance of the new addition does not appear to be 60 inches deep. Provide a landing at the top of the ramp that is at least 60 inches deep. Standards §§ 4.1.3(1), 4.8.4(2).

c. The ramp has no edge protection. Provide a curb, wall, railing, or projecting surfaces that will prevent people from slipping off the ramp. Curbs shall be a minimum of 2 inches high. Standards §§ 4.1.2(1), 4.3.7, 4.8.7 & Fig. 17.

20. Within 12 months of the effective date of this Agreement, the County will provide the following alterations at the Tillamook Justice Center:

a. The two designated accessible spaces do not have signs, neither is designated as van-accessible, and neither are served by an adjacent access aisle. Provide at least one van-accessible space, signage, and spaces and access aisles that comply with the Standards. §§ 4.1.2(5), 4.6.

b. The main entrance automatic door openers are malfunctioning. The County will ensure that the automatic doors are maintained in working order. 36 C.F.R. §35.133.

c. None of the holding cells in the Bail and Release area has accessible toilets. The County will make a minimum of two percent, but not less than one cell, of the total number of holding or general housing cells or rooms provided accessible. The County will insure these accessible cell or cells have an entry door that is at least 32 inches wide; a bed that has maneuvering space of at least 36 inches wide along one side and that otherwise allows a person using a wheelchair to make a parallel transfer onto the bed; and a toilet and lavatory that complies with the Standards, including requirements for clear floor space, knee clearance, toilet height, grab bars, and accessible hardware. Standards §§ 4.1.3(1), 4.1.3(11), 4.2, 4.3, 4.13.5 & Fig. 24, 4.16, 4.22, 4.35.4, 9.2.2(1). See also ADA Accessibility Guidelines §12.

d. Intake Bathroom

i. The mirror is mounted so that the bottom edge of the reflecting surface is 57 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.

ii. The shower stall is 34 inches wide and 40 inches deep. Provide a shower stall that is exactly 36 inches by 36 inches. §§ 4.1.3(11), 4.23.8, 4.21.2 and Figure 35(a).

iii. An accessible shower head is not provided. Provide either a hand held shower unit or a fixed shower head mounted no more than 48 inches above the finished floor. §§ 4.1.3(11), 4.23.8, 4.21.6.

e. Access to the required accessible section of the service counter in the Bail and Release area is obstructed by various items placed on the counter and a lack of required knee space. Provide unobstructed access to the counter, and provide the required knee space. §§ 4.1.3(1), 4.3.2(2), 4.32.3, 7.2(2)(i).

f. North side Public Unisex Toilet Room

i. The rear grab bar is 35 inches long. Provide a rear grab bar that is at least 36 inches long. §§ 4.1.3(11), 4.22.4, 4.16.4, and Figure 29(a).

ii. The coat hook is located 59 1/2 inches above the floor. Provide a coat hook that is no more than 54 inches above the finished floor for a side reach or no more than 48 inches above the finished floor for a forward reach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

g. In the south side public unisex toilet room, the coat hook is located 60 inches above the floor. Provide a coat hook that is no more than 54 inches above the finished floor for a side reach or no more than 48 inches above the finished floor for a forward reach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

21. Within 24 months of the effective date of this Agreement, the County shall provide the following alterations at the South Tillamook County Library in Pacific City:

a. There are two accessible parking spaces, neither of which is designated as van-accessible, and the signs provided can be obscured by a vehicle parked in the space. Install signs at each space at a height so that the signs cannot be obscured by a vehicle parked in the space. Designate one of the spaces as van accessible by providing a “van-accessible” sign below the symbol of accessibility. §§ 4.1.2(5)(a) & (b), 4.6.4.

b. The table with the card catalogue computer is inaccessible to persons who use wheelchairs. Provide a computer on an accessible table so that it is usable by persons who use wheelchairs. See Standards §§ 4.1.3(18), 4.32.3, 4.32.4.

c. The computer tables in the Tech room are inaccessible to persons who use wheelchairs. Provide a computer on an accessible table that can be used by persons who use wheelchairs. See Standards §§ 4.1.3(18), 4.32.3, 4.32.4.

d. The required drinking fountain configuration is not provided. Provide a fountain with a spout height no higher than 36 inches above the finished floor, or install cups next to the existing fountain so that they dispense within the reach ranges of persons who use wheelchairs. Standards §§ 4.15.2 & Fig. 27(a), 4.27.3, 4.2.5, 4.2.6.

e. Women’s Toilet Room

i. The toilet room identification sign is mounted on the door. Provide a sign with raised characters and Braille 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, and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

ii. The coat hook is located 65 1/4 inches above the floor. Provide a coat hook that is no more than 54 inches above the finished floor for a side reach or no more than 48 inches above the finished floor for a forward reach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

iii. The flush valve control is not located on the wide side of the toilet. Provide a flush control on the toilet so it is located on the open (wide) side of the toilet. §§ 4.1.3(11), 4.22.4, 4.16.5.

iv. The space between the side grab bar and the wall is 1 3/4 inches, and the bar is located 13 inches from the back wall and is 36 inches long. Provide a side grab bar so that there is a space of 1 1/2 inches between the bar and the wall, and the bar is located no more than 12 inches from the back wall, and is at least 42 inches long. §§ 4.1.3(11), 4.22.4, 4.16.4, 4.26.2, Figure 29 and Figure 39(e).

v. The space between the rear grab bar and the wall is 1 3/4 inches, and the bar is located 6 1/2 inches from the side wall and is 24 inches long. Provide a rear grab bar so that there is a space of 1 1/2 inches between the bar and the wall, and the bar is located no more than 6 inches from the side wall and is at least 36 inches long. §§ 4.1.3(11), 4.22.4, 4.16.4, 4.26.2, Figure 29 and Figure 39(e).

vi. Access to the side grab bar is obstructed by the toilet seat cover dispenser. Provide unobstructed access clearance of 18 inches above the side grab bar. §§ 4.1.3(11), 4.16.4, 4.26.2, Fig. 39(d).

vii. The highest operable part of the paper towel dispenser in the women’s toilet room is 57 inches above the finished floor. Provide a paper towel dispenser so that the highest operable part is no higher than 48 inches above the finished floor for a forward approach or no more than 54 inches for a side approach. §§ 4.1.3(11), 416.6, 4.22.7, 4.27.3, 4.2.5, 4.2.6.

viii. There is a trash can that blocks access to the paper towel dispenser. Provide unobstructed access to the paper towel dispenser. §§ 4.1.3(1), 4.3.2(2).

ix. There is no visual alarm in the public toilet room. Provide a visual alarm in compliance with the Standards. §§ 4.1.3(14), 4.28.

f. Men’s Toilet Room

i. The toilet room identification sign is mounted on the door. Provide a sign, with raised characters and Braille, 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, and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

ii. The space between the side grab bar and the wall is 1 3/4 inches, and the bar is located 13 1/4 inches from the rear wall and is 35 1/2 inches long. Provide a side grab bar so that there is a space of 1 1/2 inches between the bar and the wall, and the bar is located no more than 12 inches from the back wall, and is at least 42 inches long. §§ 4.1.3(11), 4.22.4, 4.16.4, 4.26.2, Figure 29 and Figure 39(e).

iii. The space between the rear grab bar and the wall is 1 3/4 inches, and the bar is located 4 inches from the side wall and is 24 inches long. Provide a the rear grab bar so that there is a space of 1 1/2 inches between the bar and the wall, and the bar is located no more than 6 inches from the side wall and is at least 36 inches long. §§ 4.1.3(11), 4.22.4, 4.16.4, 4.26.2, Figure 29 and Figure 39(e).

iv. Access to the side grab bar is obstructed by the toilet seat cover dispenser. Provide unobstructed access clearance of 18 inches above the side grab bar. §§ 4.1.3(11), 4.16.4, 4.26.2, Fig. 39(d).

v. The highest operable part of the paper towel dispenser in the women’s toilet room is 57 inches above the finished floor. Provide a paper towel dispenser so that the highest operable part is no higher than 48 inches above the finished floor for a forward approach or no more than 54 inches for a side approach. §§ 4.1.3(11), 416.6, 4.22.7, 4.27.3, 4.2.5, 4.2.6.

22. Within 12 months of the effective date of this Agreement, the County shall provide the following alterations at Barview Park (Rockaway Beach):

a. Restroom #2

i. Shower Room

(1) The shower stall has a fixed shower head that is 74 inches above the finished floor and there is no shower seat. Provide a shower spray unit with a hose at least 60 inches long that can be used as a fixed shower head and as a hand-held shower or a fixed shower head mounted at 48 inches above the ground surface; and provide a seat or fixed bench at 17 to 19 inches above the ground surface that is within reach of the accessible controls. §§ 4.1.3(11), 4.23.8, 4.21.6, 4.2.5, 4.2.6.

(2) Access to the shower is obstructed by a wooden bench. Provide unobstructed access to the shower. §§ 4.1.3(11), 4.23.8, 4.21.2, Fig. 35(a).

ii. Women’s Toilet Room

(1) The mirror in the toilet room is mounted so that the bottom edge of the reflecting surface is 47 1/2 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.

(2) The rear grab bar in the designated accessible stall is 35 inches long, is located 71/2 inches from the side wall to the nearest end of the bar and has a space between the wall and the rear grab bar of 1 3/4 inches. Provide a bar that is at least 36 inches long, is mounted no more than 6 inches from the side wall, and is spaced exactly 1 1/2 inches between the bar and the wall. §§ 4.1.3(11), 4.22.4, 4.17.6 & Fig.30(a).

(3) The space between the wall and the side grab bar is 1 3/4 inches. Provide a rear grab bar so that the space between the wall and the bar is exactly 1 1/2 inches. §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2 & Fig. 39(e).

(4) The toilet paper dispenser in the designated accessible stall is located 41 inches from the back wall. Remount the dispenser so that it is below the side grab bar and the farthest edge of the toilet paper roll is no more than 36 inches from the back wall with its centerline no less than 19 inches above the finished floor. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d), 4.2.6.

(5) The sanitary napkin disposal is mounted 55 inches above the finished floor and behind the toilet. Provide a sanitary napkin disposal 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 disposal. §§ 4.1.3(11), 4.22.7, 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

iii. Men’s Toilet Room

(1) The mirror in the toilet room is mounted so that the bottom edge of the reflecting surface is 47 1/2 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.

(2) The rear grab bar in the designated accessible stall is 34 1/2 inches long and is located 7 inches from the side wall to the nearest end of the bar. Provide a bar that is at least 36 inches long and that is mounted no more than 6 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.17.6 & Fig.30(a).

(3) The toilet paper dispenser in the designated accessible stall is located 40 inches above the finished floor. Provide a dispenser so that it is below the side grab bar and the farthest edge of the toilet paper roll is no more than 36 inches from the back wall with its centerline no less than 19 inches above the finished floor. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d), 4.2.6.

b. Restroom #4

i. Men’s toilet room

(1) The space between the wall and the rear grab bar is 1 3/4 inches. Provide a rear grab bar so that the space between the wall and the bar is exactly 1 1/2inches. §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2 & Fig. 39(e).

(2) The toilet paper dispenser in the designated accessible stall is located 41 inches above the finished floor. Provide a dispenser so that it is below the side grab bar and the farthest edge of the toilet paper roll is no more than 36 inches from the back wall with its centerline no less than 19 inches above the finished floor. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d), 4.2.6.

(3) The rim of the urinal in the men’s room is 24 inches above the finished floor. Provide a urinal with an elongated rim no higher than 17 inches above the finished floor. §§ 4.1.3(11), 4.22.5, 4.18.2.

(4) The mirror in the toilet room is mounted so that the bottom edge of the reflecting surface is 44 3/4 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.

ii. Shower Room

(1) The coat hooks are located 60 3/4 and 62 3/4 inches above the floor. Provide a hook that is no more than 54 inches above the finished floor for a side reach or no more than 48 inches above the finished floor for a front reach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

(2) The shower stall has a fixed shower head that is 74 inches above the finished floor and there is no shower seat . Provide a shower spray unit with a hose at least 60 inches long that can be used as a fixed shower head and as a hand-held shower or provide a fixed shower head mounted at 48 inches above the ground surface; and provide a seat or fixed bench at 17 to 19 inches above the ground surface that is within reach of the accessible controls. §§ 4.1.3(11), 4.23.8, 4.21.6, 4.2.5, 4.2.6.

(3) Access to the shower is obstructed by a wooden bench. Provide unobstructed access to the shower. 4.1.3(11), 4.23.8, 4.21.2, Fig. 35(a).

(4) The space between the wall and the grab bar is 1 3/4 inches. Provide a grab bar so that the space between the wall and the bar is exactly 1 1/2 inches. §§ 4.1.3(11), 4.21.4, 4.26.2 & Fig. 39(e).

iii. Women’s Toilet Room

(1) The toilet paper dispenser in the designated accessible stall is located 42 inches from the back wall. Provide a dispenser so that it is below the side grab bar and the farthest edge of the toilet paper roll is no more than 36 inches from the back wall with its centerline no less than 19 inches above the finished floor. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d), 4.2.6.

(2) The sanitary napkin disposal is mounted 48 inches above the finished floor and behind the toilet. Provide a sanitary napkin disposal 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 disposal. §§ 4.1.3(11), 4.22.7, 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.


Altered Facilities: In order to ensure that the following spaces and elements in County 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:

23. The County will complete the following alterations to the Juvenile Department located in the County Courthouse within 3 months of the effective date of this Agreement:

a. The pressure required to open the Juvenile Department door is 10 pounds. Provide a door closer so that the force required to open the door is no more than 5 pounds. §§ 4.1.6(1)(6), 4.1.3(1), 4.1.6(1)(b), 4.13.11(2)(b).

b. The top of the service counter is 42 3/4 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). §§ 4.1.6(1)(6), 7.2(2).

24. The County will complete the following alterations to the third floor accessible men’s and women’s toilet rooms in the County Courthouse within 12 months of the effective date of this Agreement:

a. The pressure required to open the men’s toilet room door is 18 pounds. The pressure required to open the women’s toilet room door is 15 pounds. Provide door closers so that the force required to open each door is no more than 5 pounds. §§ 4.1.3(11), 4.1.6(1)(b), 4.13.11(2)(b).

b. The signage on the men’s and women’s toilet rooms does not have the symbol of accessibility. Provide a sign with the symbol of accessibility designating the rooms as accessible. §§ 4.1.3(16)(b), 4.1.6(1)(b), 4.30.7.

c. The toilet paper dispenser is 17 1/2 inches above the floor in the men’s toilet room and 17 inches above the floor in the women’s toilet room. Provide a toilet paper dispenser in each room that is a minimum of 19 inches above the finished floor. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.6 and Fig. 29(b).

d. The toilet seat cover dispenser is mounted 50 1/2 inches above the finished floor in the men’s toilet room and 50 inches above the finished floor in the women’s toilet room and is behind the toilets in both rooms. Provide a toilet seat cover dispenser in each room 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), 4.1.6(1)(b), 4.22.7, 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

e. There is a trash can obstructing the clear floor space under the lavatory in the men’s and the women’s toilet rooms. Provide a clear floor space in each room of 30 inches by 48 inches in front of the lavatory that extends a maximum of 19 inches underneath the lavatory. §§ 4.1.6(1)(b), 4.1.3(11), 4.2.4, 4.22.6, 4.19.3, Fig. 32.

f. The paper towel dispenser obstructs the required maneuvering space around the lavatory in the men’s and the women’s toilet rooms. Provide unobstructed access to the lavatory in each room that is not reduced by protruding objects. §§ 4.1.6(1)(b), 4.1.3(2), 4.4.1.

25. The County will make the following alterations to the County Courthouse food and beverage preparation area within 12 months of the effective date of this Agreement:

a. The food and beverage preparation area is obstructed by the placement of various equipment. The controls, door and floor of the microwave oven exceed the maximum allowable height for both forward and side reach. Provide and maintain unobstructed access to all controls, doors, and cooking surfaces. Provide a microwave oven with controls and other elements at a maximum height of 48 inches for a forward approach or 54 inches for a side approach. §§ 4.1.6(1)(b), 4.1.3(1), 4.3.2(2), 4.2.5, 4.2.6.

26. Within 12 months of the effective date of this Agreement, the County will provide the following alterations to the Pacific Dental Clinic in Tillamook:

a. The front reception accessible service counter is obstructed by a box. Provide a clear floor space of 30 inches by 48 inches at the reception counter §§ 4.1.6(1)(b), 4.1.3(1), 4.2.4.1, 4.3.2(2).

b. There is no visual alarm in the public toilet room. Provide a visual alarm in compliance with the Standards. §§ 4.1.3(14), 4.1.6(1)(b), 4.28.

c. The length of the rear grab bar is 24 inches. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.4 and Figure 29(a).

d. The mirror in the toilet room is mounted so that the bottom edge of the reflecting surface is 48 1/2 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), 4.1.6(1)(b), 4.22.6, 4.19.6.

e. The use of the side grab bar is obstructed by the toilet seat cover dispenser. Provide unobstructed access clearance of 18 inches above the side grab bar. §§ 4.1.6(1)(b), 4.1.3(11), 4.16.4, 4.26.2, Figure 39(d).

27. Within 24 months of the effective date of this Agreement, the County shall provide the following alterations at Webb Park:

a. The mirror in the women’s toilet room is mounted so that the bottom edge of the reflecting surface is 45 1/2 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), 4.1.6(1)(b), 4.22.6, 4.19.6.

b. The highest operable part of the paper towel dispenser in the women’s toilet room is 56 inches. Provide a paper towel dispenser so that the highest operable part is within the reach ranges of a person who uses a wheelchair. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.7, 4.27.3, 4.2.5, 4.2.6.

c. The toilet paper dispenser in the designated accessible stall in the women’s toilet room is located 44 inches above the finished floor. Provide a dispenser that 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 above the finished floor. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.6 and Figure 29(b).

d. The toilet paper dispenser in the designated accessible stall in the men’s toilet room is located 41 inches above the finished floor. Provide a dispenser in each room that 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 above the finished floor. 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.6 and Figure 29(b).

e. The mirror in the men’s toilet room is mounted so that the bottom edge of the reflecting surface is 46 1/2 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), 4.1.6(1)(b), 4.22.6, 4.19.6.


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, is readily accessible to and usable by persons with mobility impairments, the County will take the following actions:

28. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the Standards are used as a guide for determining whether a program or activity held in an existing facility is “readily accessible to and usable by” persons with disabilities and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. §§ 35.150(b)(1), 35.151.

29. Within 24 months of the effective date of this Agreement, the County shall provide the following alterations to the County Courthouse:

a. The door to the commissioners’ office area has a clear opening width of 29 inches. The County agrees to provide access to meetings with the commissioners through alternate means (e.g., by scheduling meetings in an accessible location within the building upon request). 28 C.F.R. § 36.305.

b. The top of the Child Support window counter at room 207 is 48 inches above the finished floor. The top of the Child Support window counter at room 209 is 52 1/2 inches above the finished floor. Provide counters that are 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).

c. The top of the Justice Court window counter, room 205, is 39 3/4 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).

d. The top of the counter across from the Child Support window 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).

e. There are no signs indicating the location of the designated accessible third floor toilet rooms within the County Courthouse building. Provide signs at the inaccessible toilet rooms directing users to the location of the accessible toilet rooms. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

f. The top of the District Attorney’s office window 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).

g. The distance between the corner of the bookshelf and the door entry in the District Attorney’s office is 29 inches. Provide an accessible route with a minimum clear width of 36 inches, except at doors, where the width may be 32 inches or provide an alternative location to meet with individuals upon request. §§ 4.3.3, 4.13.5.

h. The route to the Victim’s Assistance office within the District Attorney’s office is 24 inches from the cubicle to the wall and 26 1/2 inches between the corner desk to the wall. Provide an accessible route with a minimum clear width of 36 inches, except at doors, where the width may be 32 inches or provide an alternative location to meet with individuals upon request. §§ 4.3.3, 4.13.5.

i. The pressure required to open the door to the Justice Court is 10 pounds. Provide a door closer so that the force required to open the door is no more than 5 pounds. § 4.13.11(2)(b).

j. The tables in the Justice Court room are inaccessible to persons who use wheelchairs. Provide a writing surface that can be used by persons who use wheelchairs. See Standards §§ 4.32.3, 4.32.4.

k. There is a 10 1/2 inch raised platform that serves as the witness stand in the Justice Court, and the other court stations are also elevated. Provide clear floor space in the witness stand, judge's bench, and clerk's stations in compliance with the Standards, §§ 4.32.2, 4.2.4; provide access to these stations via a ramp or platform lift. Standards §§ 4.24, 4.32, Figure 45, 4.8, 4.11.

l. The accessible route to the judges chambers is 28 inches wide. Provide an accessible route with a minimum clear width of 36 inches except at doors where the width may be 32 inches or provide an alternate location to meet with individuals upon request. §§ 4.3.3, 4.13.5.

m. The elevator emergency telephone system is voice dependent. Provide an emergency intercommunication system that can be used by people who are deaf or have speech impairments. § 4.10.14.

n. The top of the Trial Court Administrators window 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).

o. The top of the Collections and Payments window counter is 41 3/4 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).

p. The Personnel Applications rack is mounted 57 1/2 inches above the finished floor. Provide the information available in this rack so that it is usable by persons in wheelchairs or provide a programmatic solution to the inaccessible racks (e.g., post a permanent notice in a conspicuous location that staff are available to assist patrons who use wheelchairs). See Standards §§ 4.2.5, 4.2.6.

q. The top of the Community Development 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).

r. The door to the Law Library has a clear opening width of 30 1/2 inches. Provide a minimum clear opening width of at least 32 inches measured from the face of the door to the opposite door stop with the door open 90 degrees. § 4.13.5 and Figure 24.

s. There is no accessible route through the library into the stacks or within the stacks that is at least 36 inches wide. Provide an accessible route that provides library users access to the stacks, or provide an alternate means of accommodating persons who use wheelchairs with access to the materials in the library and post signs regarding the availability of these accommodations. § 4.3, and Figure 56.

t. The door to the jury room for Circuit Court Room 102 has a clear opening width of 29 inches. Provide a minimum clear opening width of at least 32 inches measured from the face of the door to the opposite door stop with the door open 90 degrees. § 4.13.5 and Figure 24.

u. The table in the jury room of Circuit Court Room 102 is inaccessible to persons who use wheelchairs. Provide an accessible table that can be used by persons who use wheelchairs. See Standards §§ 4.32.3, 4.32.4.

v. The counsel table in Courtroom 108 is inaccessible to persons who use wheelchairs. Provide an accessible table that can be used by persons who use wheelchairs. §§ 4.32.3, 4.32.4.

w. The top of the coffee bar 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(1).

x. There are three designated accessible parking spaces, none are designated as van accessible, one parking space does not have a sign, and there is only one access aisle provided, which is 43 1/2 inches wide. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and with 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. Also provide for the remaining space(s) signage and an access aisle that is a minimum of 60 inches wide. Two spaces can share a common access aisle. §§4.1.2(5)(b), 4.6.3, 4.6.4, and Figure 9.

30. Within 24 months of the effective date of this Agreement, the County shall provide the following alterations to the Tillamook County Library in Tillamook:

a. The designated accessible parking space has an access aisle that is 34 1/2 inches wide and does not have a sign that designates the space as van accessible. Provide a van-accessible parking space served by an access aisle at least 96 inches wide and 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), 4.6.3 and Figure 9, 4.6.4.

b. The rear entrance in the employee area does not provide sufficient clearance between the exterior hinged door and the interior vestibule hinged door. Provide 48 inches of maneuvering space plus the width of the exterior door swinging into the space between these doors in series. § 4.13.7.

c. The top of the check-out counter is 39 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).

d. The internet and card catalogue computers are on tables that are inaccessible to persons who use wheelchairs. Provide internet and card catalogue computers on accessible tables that can be used by persons who use wheelchairs. See Standards §§ 4.32.3, 4.32.4.

e. None of the library tables is accessible to persons who use wheelchairs. Provide a writing surface that can be used by persons who use wheelchairs. See Standards §§ 4.32.3, 4.32.4.

f. Not all areas of the stacks are accessible to patrons who use wheelchairs. The library assists patrons who need books from the stacks. The library shall post its policy notifying the public that assistance is available. 28 C.F.R. 35.150, 28 C.F.R. 35.130(7).

g. The toilet room signs for the men’s and women’s toilet rooms are mounted in the wrong location. Provide a sign, using 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 finished floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

h. There is a trash can located in the women’s toilet room that blocks access to the paper towel dispenser. Provide unobstructed access to the paper towel dispenser. §§ 4.2, 4.3.2(1), 4.3.3.

i. The coat hook in the women’s toilet room is 62 1/2 inches above the finished floor. Provide a hook that is no more than 54 inches above the finished floor for a side reach or no more than 48 inches above the finished floor for a front reach. §§ 4.25.3, 4.2.5, 4.2.6.

j. Access to the lavatory is obstructed by a piece of equipment. Provide a clear floor space of 30 inches by 48 inches in front of the lavatory, which extends a maximum of 19 inches underneath the lavatory. § 4.19.3 and Fig. 32.

k. The flush valve control of the toilet in the men’s room is not located on the wide side of the toilet. Provide a flush control that is located on the wide (open) side of the toilet. § 4.16.5.

l. The urinal flush control in the men’s room is 45 1/2 inches above the finished floor. Provide a control so that it is located no more than 44 inches above the finished floor. § 4.18.4.

m. Access to the required urinal clear floor space is obstructed by a trash receptacle. Provide an unobstructed clear floor space of 30 inches by 48 inches in front of the urinal. § 4.18.3.

n. Access to and use of the side grab bar in the men’s and the women’s toilet rooms is obstructed by the toilet seat cover dispenser. Provide unobstructed access clearance of 18 inches above the side grab bar in each room. §§ 4.16.4, 4.26.2, Figure 39(d).

o. There is no visual alarm in the men’s or women’s toilet rooms. Provide visual alarms in both rooms in compliance with the Standards. § 4.28.

p. The distance between the book shelf and the New Books table is 25 1/2 inches. Provide an accessible route with a minimum clear width of 36 inches. § 4.3.3.

31. Within 3 months of the effective date of this Agreement, the County shall provide the following at the Marion Barr Library in Bay City:

a. Two accessible parking spaces are provided, but the signs designating them as accessible are mounted so that a vehicle parked in the space can obscure them. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide, and install an additional “van-accessible” sign mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Provide signage on the remaining space so that it cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4.

b. The curb ramp projects into the access aisle. Provide an accessible curb ramp that does not intrude into the access aisle. §§ 4.6.3, 4.7.

32. Within 12 months of the effective date of this Agreement, the County shall provide the following alterations to the Tillamook County Health Services in Rockaway Beach:

a. The toilet room sign is not accessible. Provide a sign, with raised characters and Braille, on the wall adjacent to the latch side of the 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 within a door swing. §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

b. The coat hook is located 68 1/2 inches above the floor. Provide a hook that is no more than 54 inches above the finished floor for a side reach or no more than 48 inches above the finished floor for a front reach. §§ 4.25.3, 4.2.5, 4.2.6.

c. The toilet paper dispenser is located 43 inches above the finished floor. Provide a dispenser that 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 finished floor. § 4.17.3 & Fig. 30(d).

d. The toilet seat cover dispenser is mounted behind the toilet. 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. §§ 4.22.7, 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

e. There is an audible alarm in the toilet room, but no visual alarm. Provide a visual alarm in compliance with the Standards. § 4.28.

33. Within 6 months of the effective date of this Agreement, the County shall provide the following at the County Library in Rockaway Beach:

a. The gripping surface of the railing of the entrance ramp does not comply with the Standards and the handrail does not extend beyond the top and bottom of the ramp. Provide railings for the ramp that comply with the Standards. §§ 4.8.5, 4.26.2 & Fig. 39.

34. Within 12 months of the effective date of this Agreement, the County shall provide the following at the County Library in Manzanita:

a. The only accessible parking space provided is not designated as “van- accessible.” Provide a 96 inch wide space with a 96 inch wide access aisle and 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 top of the service counter is 39 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(1), 8.3.

c. The computers are on desks that are not accessible to persons who use wheelchairs. Provide at least one computer on an accessible table that can be used by persons who use wheelchairs. See Standards §§ 4.32.3, 4.32.4.

d. None of the library tables is accessible to persons who use wheelchairs. Provide a writing surface that can be used by persons who use wheelchairs. See Standards §§ 4.32.3, 4.32.4.

e. Women’s Toilet Room

i. The toilet room identification sign is mounted in the wrong location. Provide a sign, with raised characters and Braille, 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 and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

ii. The length of the rear grab bar is 23 1/2 inches and it is mounted 1 3/4 inches from the wall. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall; and with the space between the wall and the bar exactly 1 1/2 inches. §§ 4.16.4 & Fig.29(a), 4.26.2 & Fig. 39(e).

iii. There is an audible alarm in the toilet room, but no visual alarm. Provide a visual alarm in compliance with the Standards. § 4.28.

f. Men’s Toilet Room

i. The toilet room identification sign is mounted in the wrong location. Provide a sign, with raised characters and Braille, 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 and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

ii. The length of the rear grab bar is 24 inches and it is spaced 1 3/4 inches from the wall. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall; and with the space between the wall and the bar exactly 1 1/2 inches. §§ 4.16.4 & Fig.29(a), 4.26.2 & Fig. 39(e).

iii. There is no visual alarm. Provide a visual alarm in compliance with the Standards. § 4.28.

PROGRAM MODIFICATIONS

35. The Tillamook County Health Department in Cloverdale is not accessible to persons who use wheelchairs. Beginning within one month of the effective date of this Agreement, the County will provide Health Services in an accessible location. 28 C.F.R. § 35.150.

36. The County Library in the City of Garibaldi is not accessible to persons who use wheelchairs. Because this building is owned by the City of Garibaldi, the County will request within 3 months of the effective date of this Agreement that the City make the following alterations to this facility in order to make it accessible to persons with disabilities. In the alternative, or if the City declines to make the following alterations, the County shall seek a more accessible facility for the library within the City of Garibaldi:

a. There is no compliant directional sign at the inaccessible door. Provide directional signage indicating the location of accessible entrances. § 4.1.3(8)(d).

b. There are no compliant handrails provided at the ramp. Provide handrails at both side of the ramp in compliance with the Standards. § 4.8.5.

c. The entrance door to the library has 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. § 4.13.9.

d. The toilet rooms in the building are inaccessible. Provide toilet rooms so that the spaces and elements in each room, including the entry door, clear floor space, turning space, and accessible route, water closet, grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards. §§ 4.22, 4.2, 4.3, 4.13, 4.16 and Figs. 28 & 29, 4.18, 4.19 and Figs. 31 & 32, 4.26, 4.27, 4.30.

MISCELLANEOUS PROVISIONS

37. 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.

38. 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).

39. 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 appropriate ways to interact 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.

40. Within one year of the effective date of this Agreement, the County will deliver its training program to all County employees who interact with the public as part of their official duties. 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

41. 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.

42. 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

43. 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.

44. 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.

45. 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.

46. 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.

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

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

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


For the County: For the United States:

Tillamook County





By:__________________________
TIM JOSI, Chair



__________________________
PAUL HANNEMAN,Vice Chair



__________________________
CHUCK HURLIMAN, Commissioner



Date       7/28/2003      



RALPH F. BOYD, JR
Assistant Attorney General
Civil Rights Division.


By:__________________________
JOHN L. WODATCH, Chief
MARY LOU MOBLEY, Acting Deputy Chief
NAOMI H. MILTON, Supervisory Attorney
AMELIA M. EDUARDO, Investigator
MICHELE ANTONIO MALLOZZI, Architect
U.S Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section-NYA
Washington , DC 20530




Date       8/6/2003    






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ATTACHMENT A to Settlement Agreement between the United States of America and Tillamook County in Oregon
DJ# 204-61-153



Department of Justice seal


NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT



In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, the County will not discriminate against qualified individuals with disabilities on the basis of disability in the County’s 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 County’s 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, although animals 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 John Robinson, Health Administrator, 201 Laurel Avenue, Tillamook, Oregon 97141, 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 John Robinson.

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.

(Return to Settlement Agreement)



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ATTACHMENT B to Settlement Agreement between the United States of America and Tillamook County in Oregon
DJ# 204-61-153



Department of Justice


TILLAMOOK COUNTY, OREGON

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. The County’s 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:

John Robinson, Health Administrator
201 Laurel Avenue
Tillamook, Oregon 97141

Within 15 calendar days after receipt of the complaint, John Robinson or his designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, John Robinson 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 John Robinson 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 other appropriate high-level official or his/her designee.

Within 15 calendar days after receipt of the appeal, the County Commissioners or other appropriate high-level official 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 other appropriate high-level official 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 John Robinson or his designee, appeals to the County Commissioners or other appropriate high-level official or their designee, and responses from these two offices will be retained by the County for at least three years.

(Return to Settlement Agreement)



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ATTACHMENT C to Settlement Agreement between the United States of America and Tillamook County in Oregon
DJ# 204-61-153



TILLAMOOK COUNTY SHERIFF’S 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 (Agency) 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:

– 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.

– 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.

ON-CALL INTERPRETIVE SERVICES

TTY AND RELAY SERVICES

TECHNIQUES FOR OFFICERS TO COMMUNICATE EFFECTIVELY

– 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

– 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

(Return to Settlement Agreement)



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ATTACHMENT D to Settlement Agreement between the United States of America and Tillamook County in Oregon
DJ# 204-61-153



Department of Justice seal


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:

____________________________________________________

____________________________________________________

____________________________________________________

(Return to Settlement Agreement)





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February 2, 2004