SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT OF 1990 BETWEEN THE UNITED STATES OF AMERICA AND PITT COUNTY BOARD OF COMMISSIONERS, NORTH CAROLINA DJ #204-54-45 I. Background 1. This matter was initiated by a complaint, dated May 9 1996, filed with the United States Department of Justice (the Department), against the Pitt County Board of Commissioners and staff, North Carolina (Board of Commissioners). The complaint was investigated by the Department under the authority granted by section 308 (b) of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. SS 12131-12134. The complainant, Jean Liegh, has a hearing impairment and uses a hearing aid. The complainant alleges that, during public meetings, the Board of Commissioners fails to make its discussions audible to persons with hearing impairments, including failure to use available microphones for a recently purchased assistive listening system. The complainant also alleges that the Board of Commissioners' staff failed to provide accurate taped copies of public meetings in a timely manner. 2. The Board of Commissioners denies that the Commissioners or staff acted unlawfully with respect to the complainant. The Board of Commissioners maintains that it has attempted to accommodate the complainant by purchasing an assistive listening system and by providing taped copies of public meetings. 3. The parties have agreed to settle this matter without resolving the factual and legal dispute regarding the lawfulness of the Board of Commissioners' actions. 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 and to determine if the Board of Commissioners is in 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. Furthermore, the Attorney General is authorized under 42 U.S.C. S 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 undertaking further investigation or from filing a civil suit in this matter. 4. The parties to this Settlement Agreement (Agreement) are the United States of America and the Board of Commissioners for Pitt County, North Carolina. 01-06865 5. This Agreement does not constitute an admission of liability and/or fault on the part of the Board of Commissioners. The parties enter into this Agreement in order to avoid litigation and hereby agree as follows: II. Title II Coverage 6. Title II of the ADA and its implementing regulation prohibit discrimination on the basis of disability by public entities. 42 U.S.C. S 12131; 28 C.F.R. S 35.101. 7. The ADA applies to the Board of Commissioners because it is a public entity as defined in the Department of Justice's regulation implementing title II. 28 C.F.R. S 35.104. III. Actions to be Taken by Board of Commissioners 8. The Board of Commissioners agrees to take the following actions within 45 days of the effective date of this Agreement: a. The Board of Commissioners shall develop and post in a prominent location of its public areas a written policy statement indicating procedures available for persons with disabilities to request reasonable modifications to County policies, practices, and procedures; b. The Board of Commissioners shall adopt and publish a grievance procedure providing for prompt and equitable resolution of complaints, including the name, telephone number, and office address of the ADA Coordinator; c. The Board of Commissioners shall train all present and future Board members to ensure that all people with disabilities are treated in a nondiscriminatory manner and are afforded the same service and courtesy as that afforded any citizen; d. The Board of Commissioners shall make use of the assistive listening system at all public meetings and shall insure that all members of the Board use the microphones when addressing public business. IV. Implementation 9. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any provision thereof has been violated, it may institute a civil action seeking specific performance of the provisions of this Agreement in an appropriate Federal court. 2 01-06866 10. Failure by the Department to enforce this entire Agreement or any portion thereof shall not be construed as a waiver of the Department's right to enforce other provisions of this Agreement. 11. This Agreement is a public document. A copy of this Agreement or any information contained herein may be made available to any person by the Board of Commissioners or the Department upon request. 12. This Agreement shall become effective as of the date of the last signature below. 13. 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 is limited to the facts as set forth in paragraphs 1 through 3, and it does not purport to remedy any other potential violations of the ADA or any other Federal, State or local law. For the United States: Isabelle Katz Pinzler Acting Assistant Attorney General for Civil Rights By:(Signature) Date: June 6, 1997 John L. Wodatch, Chief Allison Nichol, Deputy Chief Ron Whisonant, Investigator Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 (202) 307-0795 For the Board of Commissioners, Pitt County, North Carolina: By: (Signature) Date: June 3, 1997 Vice Chairman JoAnne Burgdorff, County Attorney Pitt County Legal Department 1717 W. Fifth Street Greenville, N.C. 27834-1696 3 01-06867