SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF CHICAGO, ILLINOIS DEPARTMENT OF JUSTICE COMPLAINT NUMBERS XX AND XX BACKGROUND This matter was initiated by three complaints filed under Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C.  12131-34, with the United States Department of Justice ("Department of Justice" or "Justice Department") against the City of Chicago ("City") regarding its 9-1-1 telephone emergency services ("9-1-1 services"). Allegedly, in providing 9-1-1 services, the City failed to respond properly to callers using telecommunications devices for the deaf ("TDD's") and did not provide these callers with 9-1-1 services in a manner that was as effective as those provided to non-TDD callers. The Department of Justice is authorized under 28 C.F.R. Part 35, Subpart F, to investigate fully the allegations of the complaints in this matter to determine the City's compliance with Title II of the ADA and the Justice Department's implementing regulation, issue findings, and, where appropriate, negotiate and secure voluntary compliance agreements. Further, the Attorney General is authorized under 42 U.S.C.  12133, to bring a civil action seeking to enforce Title II of the ADA should the Department of Justice fail to secure voluntary compliance pursuant to Subpart F. The parties to this Settlement Agreement ("Agreement") are the United States of America and the City of Chicago. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation and from filling civil suit in this matter. In the interest of securing compliance by voluntary means, the parties agree as follows: 1. By signing this Agreement, the City does not admit that its current services, policies or practices, including those related to its 9-1-1 services, constitute any violation of the ADA or its implementing regulations. 2. The ADA applies to the City because it is a public entity as defined in the Department of Justice's regulations implementing Title II. 28 C.F.R.  35.104 01-05102 3. The Subject of this Agreement is the provision of direct access to the City's 9-1-1 services by individuals who use TDD's and the development and/or continuation of policies and procedures to ensure that the 9-1-1 services provided to individuals who use TDD's are as effective as those provided to other telephone users. ACTIONS TAKEN BY THE CITY TECHNOLOGY 4. In order to provide direct access by TDD users to the 9-1-1 services that is as effective as that provided to voice telephone users, the City has: a. Installed, and will continue to maintain, two TDD's at each zone console; at the overflow positions on each floor of the Communications Center; and in the Telephone Auxiliary/Alternate Response Program ("Call-back Unit"); b. Instituted, and will continue to maintain, a system to record TDD calls electronically and will retain those records for the same period of time as recordings of voice telephone calls are maintained; c. Acquired, and will continue to maintain, additional TDD's to ensure that backup equipment will be provided in case of an emergency or TDD malfunction; and d. Included, and will continue to include, TDD equipment in power failure contingency plans. 5. In order to provide direct access by TDD to the 9-1-1 services that is as effective as that provided to voice telephone users, the City agrees to: a. Institute a system to ensure that TDD calls transferred to the Chicago Fire Department ("CFD") are recorded and maintained in accordance with paragraph 4.b., above; b. Evaluate the feasibility of installing devices that will detect a TDD tone when it is initiated by the caller and install such devices if and when it becomes feasible to do so; c. Keep up-to-date on technological developments regarding the provision of direct access for individuals who use computer modems for telephone communication; d. Complete the action specified in paragraph 5.a. within 120 days of the effective date of this Agreement; and -2- 01-05103 e. Continue the action specified in paragraphs 5.b. and 5.c. throughout the pendency of this Agreement. POLICIES, PRACTICES AND PROCEDURES 6. The City has established procedures to ensure that 9-1-1 call-takers recognize TDD tones and "silent" open lines as a potential TDD call and will respond accordingly. These procedures have been incorporated into the Standard Operating Procedures. 7. The City has established, and will continue to maintain, a working relationship with individuals who are deaf, or hard of hearing or who have speech impairments in order to continue to evaluate the services, practices and procedures that relate to the City's 9-1-1 services. 8. Based on its ongoing evaluation, the City agrees to modify its current policies, practices and procedures relating to the existing 9-1-1 system, as may be required, to ensure that TDD call for 9-1-1 services are processed effectively. 9. The City agrees to establish, in conjunction with CFD, a hand-off procedure for TDD callers requesting fire suppression/rescue/EMS services, and will implement this procedure within 120 days of the effective date of this Agreement. TRAINING 10. In order to ensure the proper operation of TDD's and related equipment, as well as the effective processing of TDD calls by 9-1-1 call-takers (including Call-back Unit staff), the City has provided, and will continue to provide, comprehensive training for every 9-1-1- call- taker, including new hires. The training includes: a) general information about Title II of the ADA and Section 504 of the Rehabilitation Act; b) general information about communication issues regarding individuals who are deaf or hard of hearing or have speech impairments, including general information about American Sign Language; and c) practical instruction on identifying and processing TDD calls, including the importance of using proper syntax and protocol when responding to TDD calls. 11. The City agrees to instruct its employees who are responsible for providing 9-1-1 services to comply with all applicable provisions of this Agreement. 12. The City agrees to: a. Establish criteria and test each trainee's competency at the conclusion of the training described in paragraph 10, above; -3- 01-05104 b. Develop and implement a supplemental training plan for any 9-1-1 call-taker who does not complete satisfactorily the required training; c. Provide a refresher training course every six months over a period of two years from the effective date of this Agreement in order to maintain skill level; d. Document all training provided, including each call-taker's employee number, title and date of training, and provide a copy of such documentation to the Department of Justice upon request; and e. Begin the actions specified in paragraphs 12.a. through 12.d. on the effective date of this Agreement and continue these actions for two years following the effective date of this Agreement. NOTIFICATION 13. Within 120 days of the effective date of this Agreement, the City agrees to publish a notice on two separate occasions in a newspaper of general circulation. This notice will inform members of the public about provisions of Title II of the ADA and its applicability to the City's 9-1-1 services. 14. The City agrees to provide a copy of the notice to any person upon request. PUBLIC EDUCATION 15. Within 120 days of the effective date of this Agreement, the City, through its Mayor's Office For Persons With Disabilities, will develop and implement a public education program to promote the correct use of 9-1-1 services by individuals who use TDD's. TESTING AND AUDIT 16. Beginning within 60 days of the effective date of this Agreement, the City will, on a quarterly basis, conduct test TDD calls on each watch to each call-taking position on each zone, overflow positions and in Call-back Response Unit. These tests will be documented to include the date and time of the test, the call-taker position, time elapsed from initiation of the TDD call until the 9-1-1 call-taker responds, identification of the call as "silent" or transmitting tones, and whether the call was processed properly and efficiently according to departmental policies and training directives. This information will be summarized and forwarded to the Department of Justice on a semi-annual basis. The aforementioned quarterly testing and semi-annual annual audit reports will continue for two years after the effective date of this agreement. -4- 01-05105 PROGRESS REPORTS 17. Within 150 days of the effective date of this agreement, the City will submit a report to the Department of Justice detailing the actions it has taken to comply with the preceding provisions. This report will include copies of notices published in newspapers. The City will use terminology in this report that is consistent with terminology used by the Communications Center regarding its functions and positions. IMPLEMENTATION AND ENFORCEMENT OF THE SETTLEMENT AGREEMENT 18. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person. The City will provide a copy of Agreement to any person upon request. 19. The Department of Justice may review compliance with this Agreement at any time. If the Department of Justice believes that this Agreement or any requirement thereof has been violated and has not been able to resolve the dispute through reasonable attempts at conciliation, it may institute civil action seeking specific performance of the provisions of this Agreement in an appropriate Federal court. 20. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect to any deadline or any other provision herein, will not be construed as a waiver of its right to enforce other deadlines and provision of this Agreement. 21. The effective date of this Agreement is the date of the last signature below. 22. 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, will be enforceable under its provisions. This Agreement is limited to the facts set forth in paragraph 1, as well all other complaints presently pending before the Justice Department concerning the City of Chicago's 9-1-1 services to TDD users, including, but not limited to the complaint numbers referenced in the caption of this Agreement. 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 City's continuing responsibility to comply with all aspects of Title II of the ADA. -5- 01-05106 For the City of Chicago: For the United States MATT L. RODRIGUEZ JOHN L. WODATCH, Chief Superintendent of Police L. IRENE BOWEN, Deputy Chief 1121 S. state Street ROBERT J. MATHER, Attorney Chicago, Illinois 60605 BRENDA SHEPPARD, Investigator Disability Rights Section Civil Rights Division U.S. Department of Justice SUSAN S. SHER P.O. Box 66738 Corporation Counsel for the Washington, D.C. 20035-6738 City of Chicago BY: DARKA PAPUSHKEWYCH Deputy Corporation Counsel Date: March 3, 1995 Date: May 22, 1995 -6- 01-05107