U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box 66118 Washington, D.C. 70035-608 SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND MARSHALL COUNTY, MISSISSIPPI DEPARTMENT OF JUSTICE COMPLAINT NUMBERS 204-40-3, 204-40-6, 204-40-9 This matter was initiated by complaints filed under Title II of the Americans with Disabilities Act (ADA), 42 U.S.C.  12131-12134, with the United States Department of Justice, Civil Rights Division, Coordination and Review Section ("the Department"), against Marshall County, Mississippi ("the County"). One complainant alleged that he was treated discriminatorily when he was removed from the membership of a County-assisted volunteer fire department on the basis of his disability status, HIV seropositive. The other complainant alleged that he was discharged from membership with another County-assisted volunteer fire department due to his association with the first complainant who was HIV seropositive. The Department 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 compliance of Marshall County, Mississippi, with Title II of the ADA and the Department's implementing Title II regulation, issue findings, and, where appropriate, 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 of Justice fail to secure voluntary compliance pursuant to Subpart F. In consideration of the terms of this agreement as set forth below, the Attorney General agrees to refrain from filing civil suit in this matter. Pursuant to the provision of the ADA entitled "Alternative Means of Dispute Resolution," 42 U.S.C.  12212, the parties have entered into this agreement. 01-06217 - 2 - The parties to this agreement are the United States of America and the County. In order to avoid the burdens and expenses of further investigation and possible litigation, the parties hereby agree as follows: 1. The ADA applies to the County because it is a public entity as defined in 42 U.S.C. 12131. 2. The County provides significant assistance (including State and local funds) to ten volunteer fire departments located in the County. 3. Title II of the ADA prohibits discrimination against qualified individuals with disabilities on the basis of disability, in the services, programs, or activities provided by voluntary associations receiving significant assistance from a public entity such as the County. 28 C.F.R.  35.130(b) (v). The County may not provide significant assistance to voluntary organizations that deny the benefits of or participation in their programs, services, and activities because of the disability status of the individual requesting such services or participation. 4. Individuals with disabilities include individuals perceived as being seropositive for the HIV virus or AIDS, those who are seropositive for HIV, or those individuals who have AIDS. 28 C.F.R.  35.104. The ADA also prohibits discrimination against individuals on the basis that they associate with persons with disabilities. 28 C.F.R. Section 35.130 (g). 5. In providing any assistance, benefit, or service, the County-funded volunteer fire departments may not deny or limit the opportunity of an individual with a disability to participate fully in or benefit from the assistance, benefits, or services provided, as compared to other individuals requesting those services or the right to participate. 6. The County shall develop and issue a written policy (hereinafter "written policy") that states that the County shall not discriminate on the basis of disability. This written policy shall state that it applies to both the County's programs and activities as well as the privately operated programs and activities that the County significantly funds or assists (i.e., the volunteer fire departments). The written policy shall include the name and telephone number of the County's ADA coordinator and contain a general description of the County's ADA grievance procedures. 7. The written policy shall include the following statement: "Pursuant to the requirements of Title II of the Americans with Disabilities Act, the County of Marshall, Mississippi, will not discriminate against individuals with - 3 - disabilities on the basis of disability (including individuals perceived as being seropositive for the HIV virus or AIDS, those who are seropositive for HIV, or those individuals who have AIDS) in the County's services, programs, or activities. The County shall not discriminate against individuals on the basis that they associate with individuals who have disabilities. This policy of nondiscrimination also applies to the activities and services of all volunteer fire departments in Marshall County, Mississippi, that receive financial or other assistance from the County." 8. The County must adopt grievance procedures for reviewing claims of discrimination by an individual who believes that he/she has been discriminated against on the basis of his/her disability or due to the fact that an individual believes he/she has been discriminated against due to his/her association with an individual with a disability. These grievance procedures shall cover actions by County employees as well as the actions of other persons who are responsible for carrying out the programs, services, or activities that the County significantly funds or assists. If after an investigation of such a grievance, the County determines that discrimination has occured and appropriate corrective action cannot be achieved remediating the acts of discrimination, the County must cut-off funding or assistance to the offending recipient. 9. All appropriate County officials responsible for providing emergency medical services or involved in fire fighting activities (including the chiefs of the ten County-funded Fire Departments) shall review and agree to the written policy. 10. To achieve the goals of the written policy, the County shall conduct training on universal precautions for the prevention of the transmission of HIV during firefighting activities and the provision of emergency medical treatment for all County volunteer firefighters involved in such activities. The County shall provide a copy of training materials to the Department for its review within thirty (30) days of the execution of this agreement. The materials to be submitted include resumes of the individuals who shall conduct the training, a copy of any training outlines, videos, and any handouts to be provided at the training to the trainees. The Department shall promptly review this submission and provide suggestions, if any, to the County within ten (10) days. 11. Once approved, the County shall provide training to the volunteers of the ten County-funded volunteer fire departments. Priority training shall be provided to the Victoria and Red Banks Volunteer Fire Departments. As a condition of continued receipt of County funds or assistance, the volunteer fire departments shall agree that such training is required of all members. 01-06219 - 4 - 12. As appropriate, the County shall ensure that necessary equipment for implementing universal precautions procedures shall be distributed to all active volunteer firefighters. 13. The County shall order the reinstatement of Scott Schooling to the Victoria Volunteer Fire Department and Chris Grier to the Red Banks Volunteer Fire Departments as regular volunteer firefighters with all equipment and training that such positions entail. The Victoria and Red Banks Fire Departments (and their membership) shall be specifically informed that they shall not retaliate against Mr. Schooling or Mr. Grier. 14. The County shall take appropriate measures to ensure that no harassment or retaliation against Messrs. Schooling or Grier occurs by any County employee or the members of any volunteer fire department as a result of the fact that they have filed complaints under, or asserted rights protected by the Americans with Disabilities Act. As a condition for receipt of continued County funds, the County will ensure that the volunteer fire departments agree not to retaliate or harass these individuals. To effectuate this provision, the County shall conduct training of all volunteer firefighters regarding Title II's prohibitions of discrimination on the basis of disability and retaliating against an individual on the basis that he/she secured rights protected by the ADA. This training shall be provided in conjunction with universal precautions training. 15. Within fifteen (15) days of the execution of this agreement, the County shall submit a copy of the final written policy complying with paragraphs 6, 7, and 8 to the Department for review and approval. 16. Within ten (10) days of Departmental approval of the written policy, the policy shall be published on two separate occasions in a newspaper of general circulation serving the County. The notice shall include the name and telephone number of the County's ADA coordinator and a general description of the County's grievance procedures. 17. Within ten (10) days of the execution of this agreement, the County shall pay Mr. Grier and Mr. Schooling damages in the amount of one thousand dollars ($1,000.00) each. 18. Copies of the written policy shall be provided to members of the public upon request and shall be prominently displayed on all bulletin boards in the County Courthouse, the buildings housing the ten County-funded volunteer fire departments, and any other building where the County has offices providing programs, services, or activities to the public. 01-06220 - 5 - 19. The County agrees to instruct and provide a copy of the written policy to all its employees and members of County-funded volunteer fire departments. 20. The Department may review compliance with this agreement at any time. 21. This document is a public agreement. A copy of this document or any information contained in it may be made available to any person by the County or the Department on request. 22. The effective date of this agreement is the date of the last signature below. 23. The Department may review compliance with this agreement at any time. If it determines that this agreement or any requirement thereof has been violated, it may institute a civil action seeking specific performance and other enforcement of the provisions of this agreement in an appropriate Federal court. 24. The Department's failure to enforce this entire agreement or any provision thereof with respect 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. 25. In the event that the County fails to comply in a timely manner with any requirement of this agreement without obtaining sufficient advance written agreement with the Department as a temporary modification of the relevant terms of this agreement, all terms of this agreement shall become enforceable in an appropriate Federal court. 26. This agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written agreement, shall be enforceable. This agreement does not purport to remedy any other potential violations of the Americans with Disabilities Act or any other Federal law. This agreement 01-06221 - 6 - does not affect the County's continuing responsibility to comply with all aspects of the Americans with Disabilities Act. For the County: For the United States: Merrily A. Friedlander, Acting Chief Louis M. Stewart, Attorney Date: 1-20-95 Robb M. Wolfson, Investigator Coordination & Review Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 Date 1/30/95 01-06222