SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF FULTON, MISSOURI DEPARTMENT OF JUSTICE COMPLAINT NUMBER xx This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12131 - 12134, with the United States Department of Justice, Civil Rights Division, Coordination and Review Section (Department), against the City of Fulton, Missouri (City). The complaint alleges that the City does not ensure that communications with persons who are deaf or hard of hearing are as effective as communications with others at its proceedings in the Municipal Court, which is located in the Callaway County Courthouse (Courthouse), or at other public meetings that are held by the City and that the entrance to the Municipal Court is not accessible to persons with mobility impairments. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to investigate fully the allegations of the complaint in this matter to determine the compliance of the City 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. In consideration of the terms of this agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter. The parties to this agreement are the United States of America and the City. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties hereby agree as follows: 1. The ADA applies to the City because it is a public entity as defined in 42 U.S.C. 12131. 2. The City is responsible for the operation of the Municipal Court for the City of Fulton, Missouri (Court) and for 01-06294 2 the operation of the Office of the Clerk of the Municipal Court, both of which are located in the Courthouse. 3. Title II requires the City to provide appropriate auxiliary aids and services when necessary to afford a qualified individual with a disability an equal opportunity to participate in and enjoy the benefits of the services, programs, and activities of the Court. Auxiliary aids and services include qualified interpreters, assistive listening devices and systems, and computer assisted real time captioning. 4. The City may not deny the benefits of or participation in its programs, services, or activities to persons with disabilities because auxiliary aids are not available. 5. The subject of this settlement agreement is the development and implementation of a plan to provide appropriate auxiliary aids for court proceedings and public meetings and to provide for an accessible entrance to the Courtroom. 6. The City will work with the Callaway County Board of Commissioners, the Administrative Office for the Thirteenth Judicial Circuit Court, the Missouri Commission for the Deaf, the Missouri School for the Deaf, and the American Court Reporters Association to develop a plan for providing appropriate auxiliary aids for all of the Municipal Court proceedings and all public meetings that are held by the City. Appropriate auxiliary aids may include assistive listening devices and systems and computer assisted real time captioning. This plan will be submitted to the Department within 90 days of the effective date of this Agreement for review and approval. 7. The City will provide qualified interpreters or other appropriate auxiliary aids for participants or spectators who are deaf or hard of hearing when the City holds any Municipal Court proceeding or any public meeting. Provision of assistive listening devices or systems or computer assisted real time captioning will be made without a requirement for prior notice being met. Provision of qualified interpreters will be made with reasonable notice. 8. The City will train the personnel in the Office of the Clerk of the Court to accept and process requests for accommodation that are made by persons with disabilities. 9. Within 30 days of the execution of this agreement the City will submit to the Department for review a draft of a statement regarding its policy of providing accommodations. Upon approval by the Department, the City will cause the policy to be published on two separate occasions in a newspaper of general circulation serving the City and will send copies of those newspapers to the Department. 3 10. Copies of the written policy will be provided to members of the general public upon request and will be displayed prominently on all bulletin boards in the Courthouse. 11. The next time that the City prints, or has printed, the instructions that accompany a traffic citation or summons, it will include the following language in the instructions: If you are a person with a disability, you may contact the municipal court clerk at the courthouse (or by calling 314/642-8080) and we will provide accommodations for you. If you are deaf or hard of hearing, please contact our court clerk 48 hours in advance to arrange for the services of a qualified interpreter. The City will send a copy of the instructions to the Department when the first printing is completed. 12. Until such time as the instructions are reprinted, the City will attach a sheet, with the above language on it, to the existing instructions prior to distribution. The City will send a copy of the instructions with the attachment to the Department within 14 days of the effective date of this Agreement. 13. The City will work with the County to ensure that the door opening force on the entrance to the Municipal Court is no greater than the standard set out in section 4.13.11 of the Americans With Disabilities Act Accessibility Guidelines. 14. Within 15 days of the completion of each of the actions described above, the City will submit a report to the Department describing the actions taken to comply with each respective provisions and will provide supporting documentation upon request. 15. If at any time the City desires to modify any portion of this agreement because of changed conditions making performance impossible or impractical or for any other reason, it shall 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 shall not take effect. 16. 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 of the provisions of this agreement in an appropriate Federal court. 4 17. 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. 18. In the event that the City 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. 19. 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 City or the Department on request. 20. The effective date of this agreement is the date of the last signature below. 21. 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 ADA or any other Federal law. This agreement does not affect the City's continuing responsibility to comply with all aspects of the ADA. 01-06297 5 For the City of Fulton, For the United States: Missouri: Robert B ILLEGIBLE (signature) Merrily A. Friedlander (signature) Merrily A. Friedlander Acting Chief Merle H. Morrow, Attorney Coordination & Review Section Civil Rights Division U.S. Department of Justice P.O. Box 66118 Washington, DC 20035 Date: 12 April 94 (handwritten) Date: 5/16/94 (handwritten) 01-06298 U.S. Department of Justice Civil Rights Division Coodination and Review Section P.O. Box 66118 Washingtion, D.C. 20035-6118 May 16 1994 Mr. William Patrick Cronan Attorney 306 North College Avenue Columbia, Missouri 65201 Re: Complaint Number xx Dear Mr. Cronan: Enclosed is a copy of the executed settlement agreement between the City of Fulton, Missouri and the Department of Justice. This agreement resolves the complaint that was filed with our office alleging that the City was in violation of title II of the Americans With Disabilities Act of 1990. I want to take this opportunity to thank you for your cooperation with my staff during the resolution of this complaint. We look forward to your continued cooperation in the submission of written plans, a policy statement, and reports under the terms of the agreement. If you have any questions concerning this letter or the agreement, please contact Merle Morrow at 202-514-3571. Sincerely, Merrily A. Friedlander (signature) Merrily A. Friedlander Acting Chief Coordination and Review Section Civil Rights Division 01-06299 U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box 66118 Washington, D.C. 20035-6118 MAY 16 1994 ILLEGIBLE ILLEGIBLE ILLEGIBLE Re: Complaint Number xx Dear xx This letter is in reference to the complaint that you filed with the Department of Justice, Civil Rights Division, Coordination and Review Section (Department), alleging violations of title II of the Americans With Disabilities Act of 1990 (ADA or title II), in that the programs, services, and activities made available by the City of Fulton, Missouri (City) in the Callaway County Courthouse are not accessible to people with disabilities. Enclosed is a copy of the fully executed settlement agreement between the Department of Justice and the City. The agreement requires the City to provide auxiliary aids and services, provide training for its personnel, publish a policy with regard to providing accommodations for people with disabilities, incorporate instructions for obtaining accommodations into the existing language on its traffic citations, work with the government of Callaway County to assure that the door opening force on the doors to the municipal courtroom is corrected, and to submit specified written policies, plans, and reports to the Department. Based upon the assurances in this voluntary settlement agreement, we have determined that the City is in compliance with title II, with respect to the programs, services, and activities it makes available in the Callaway County Courthouse and its public meetings, and we are closing this case, as of the date of this letter. Continued compliance is contingent upon the City's completion of the actions required in the settlement agreement. The Department will monitor the City's progress in implementing the requirements of the settlement agreement. 01-06300 If you are dissatisfied with the terms of the settlement agreement, you may file a private complaint in the appropriate United States District Court under title II. Our determination of the City's compliance is not intended, nor should it be construed, to cover any other issues regarding title II that may exist that are not addressed in the settlement agreement, nor does it cover the allegations that you filed regarding other programs, services, and activities that are made available in the Callaway County Courthouse. You should be aware that no one may intimidate, threaten, or coerce, or engage in other discriminatory conduct against anyone because he or she has either taken action or participated in an action to secure rights protected by the ADA. Any individual alleging such harassment or intimidation may file a complaint with the Department. We will investigate such a complaint if the situation warrants. Under the Freedom of Information Act, it may be necessary to release this document and records related to this complaint in response to a request from a third party. Should we receive such a request, we will safeguard, to the extent permitted by the Freedom of Information Act and the Privacy Act, the release of information that could constitute an unwarranted invasion of privacy. If you have any questions concerning this letter or the agreement, please contact Merle Morrow at 202-514-3571. Sincerely, Merrily A. Friedlander (signature) Merrily A. Friedlander Acting Chief Coordination and Review Section Civil Rights Division Enclosure 01-06301