Department of Justice FOR IMMEDIATE RELEASE CR TUESDAY, JUNE 24, 1997 (202) 616-2765 TDD (202) 514-1888 NEW YORK COUNTY ENTERS INTO AGREEMENT WITH JUSTICE DEPARTMENT TO ENSURE 9-1-1 SERVICES FOR PERSONS WHO ARE DEAF WASHINGTON, D.C.- People who are deaf, hard of hearing, or who have speech impairments will be able to communicate effectively with 9-1-1 emergency operators in the Buffalo area, under an agreement signed today by the Justice Department and Erie County, New York. Today's agreement stems from a Justice Department review of the Erie County 9-1-1 center, begun in fall 1996, and sets forth steps the county will take to ensure that people who are deaf, hard of hearing, or who have speech impairments are able to access the emergency system. Because 9-1-1 services are so critical, the Justice Department has made access to services for users of telecommuni- cations devices for the deaf (TDDs) a high priority. It has implemented a nationwide review program to determine if the services are complying with the requirements of the Americans with Disabilities Act (ADA). "Access to emergency services can mean the difference between life and death," said Acting Assistant Attorney General (MORE) 01-06796 - 2 - Isabelle Katz Pinzler. "We are pleased with Erie County's cooperation in working with us to ensure that all the citizens in the Buffalo community have full access to critical services." A TDD is a device used in a similar manner as a telephone except that it allows individuals to type their communications into a keyboard and read responses on a display. Each letter is transmitted by an electronic code over the telephone line. Both parties must have TDDs in order to communicate. Under today's agreement, Erie County will ensure that the services provided to individuals who use TDDs are as effective as those provided to others. They will: * install additional equipment so that each answering position has TDD response capability; * establish procedures for effective processing of TDD calls end provide training for emergency dispatchers to handle TDD calls, including considering "silent" calls as possible calls from TDD users and sending out a TDD message in response; * develop and implement a public education program to promote the use of 9-1-1 by individuals who use TDDs; and * conduct semi-annual audits of the quality of service provided to TDD users. The ADA prohibits discrimination against persons with disabilities and requires local governments to ensure that their telephone emergency services, including 9-1-1 services, provide direct access to individuals who use TDDs. "These agreements will ensure that calls to 9-1-1 from people who are deaf, hard of hearing, or who have speech impairments will not go unanswered," added Pinzler. (MORE) 01-06797 - 3 - The Department can seek relief in federal court if Erie County fails to comply with the terms of the agreement. The Department's nationwide compliance review program has resulted in similar settlements in Pittsburgh, Pennsylvania; Indianapolis, Indiana; Cleveland, Ohio; Bartlesville, Oklahoma; Hempstead, New York; Arlington Heights, Illinois; and the State of California. In addition, the Department has intervened in a private lawsuit involving the District of Columbia's 9-1-1 emergency services provider. Today, the Justice Department also reached a similar agreement with North Charleston County, South Carolina to ensure the 9-1-1 service there complies with the federal law. The Department's ADA Home Page and the ADA hotline provide information about the ADA and the Department's ADA responsibilities. The Home Page is located on the World Wide Web at http://www.usdoj.gov/crt/ada/adahoml.htm. The ADA hotline is (800) 514-0301 (voice) and (800) 514-0308 (TDD). # # # 97-261 01-06798 SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND ERIE COUNTY, NEW YORK 1. This matter was initiated by a compliance review of Erie County, New York's Public Safety Communications Center under title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C.  12131-12134, by the United States Department of Justice's Civil Rights Division. 2. The parties to this Settlement Agreement ("Agreement") are the United States of America (the "United States") and Erie County, New York (the "County"). The parties have determined that their respective interests can be met by securing compliance by voluntary means and have therefore voluntarily entered into this Agreement. The parties hereby agree as follows: 3. The ADA applies to the County because it is a public entity within the meaning of 42 U.S.C.  12115. 4. The County denies that any action it has taken constitutes a violation of the ADA. This Agreement shall not be construed as an admission of liability by the County. The County also agrees that it will abide by all of the requirements of the ADA. 5. The subject of this Agreement is the provision of direct access to the County's 9-1-1 services for individuals with disabilities who use telecommunications devices for the deaf (TDD's), and the development 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. 28 C.F.R.  35.162, 35.130(b)(iii), and 35.130(b)(7). TECHNOLOGY 6. In order to provide individuals who use TDD's with direct access to the County 9-1-1 services, the County agrees that it will, within 90 days of the date of this Agreement: a. Install sufficient additional TDD equipment so that each answering position has the capability to respond directly to callers who use TDD's and make call-backs. b. Acquire additional TDD equipment, or the equivalent, to ensure that backup equipment will be available in case 01-06799 of an emergency or TDD malfunction. c. Evaluate its 9-1-1 system and procedures regarding processing of TDD calls that request fire services, and modify the system and procedures in order to ensure effective call handing. d. Include TDD equipment in power failure contingency plans; and e. Maintain and record TDD calls electronically. POLICIES, PRACTICES, AND PROCEDURES 7. In order to ensure effective processing of TDD calls, the County shall, within 90 days of the date of this Agreement, establish and implement policies, practices and procedures to ensure that: a. All 9-1-1 call-takers recognize incoming TDD tones and respond appropriately via TDD; and b. All 9-1-1 call-takers consider "silent" open lines as potential TDD calls and respond accordingly. These policies, practices and procedures shall be incorporated into the Standard Operating Procedures. TRAINING 8. 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, the County shall provide comprehensive training for every 9-1-1 call-taker, including newly hired call-takers. The training must include: a) general information about title II of the Americans with Disabilities Act; b) general information about communication issues regarding individuals who are deaf or hard of hearing, or who have speech impairments, including information about American Sign Language; and c) practical instruction on identifying and processing of TDD calls, including the importance of using proper syntax and protocol when responding to TDD calls and relayed calls. For current employees, training shall take place as soon as possible, but no later than 90 days after the effective date of this Agreement. For new employees, the training required pursuant to this Agreement shall be included as part of the regular training or instruction program and shall be conducted no later than 10 days after beginning employment. 9. To insure the effectiveness of its training, the County shall: a. Utilize the Telecommunications for the Deaf, Inc.'s Emergency Access Self-Evaluation program or its equivalent to establish criteria and test each trainee's competency at the conclusion of the training described in paragraph 8, above; b. Develop and implement a supplemental training plan for any 9-1-1 call-taker who does not satisfactorily complete 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 call-takers' skill levels. d. Document all training provided, including each 9-1-1 call-taker's employee number, title and the date of training, and provide copies of the documentation to the Department of Justice upon request. PUBLIC EDUCATION 10. Within 90 days of the effective date of this Agreement, the County shall initiate a process with individuals from the local community who are deaf, hard of hearing, or who have speech impairments, to develop and implement a public education program to promote the use of 9-1-1 services by individuals who use TDD's. Such program shall be implemented by the County within 180 days of this Agreement. TESTING AND AUDIT 11. Within 90 days of the effective date of this Agreement, the County shall, on a quarterly basis, conduct TDD test calls on each shift to each call-taking position. These tests shall be unannounced and shall be documented to include the date and time of the test, the call-taker position, identification of the call as "silent" or transmitting tones, time elapsed from the initiation of the TDD call until the 9-1-1 call-taker responds, and whether the call was processed properly and efficiently according to departmental policies and training directives. If testing reveals inadequacies in the handling of TDD calls, the County shall take immediate remedial action that may include as appropriate: additional training, equipment changes, additional policy or procedural changes, and disciplinary action. Results from each round of tests shall be summarized and sent to counsel for the United States on a semiannual basis along with a description of any action taken to remedy inadequacies uncovered by the tests. The quarterly testing and semiannual audit reports shall be required for the two years following the effective date of this Agreement. PROGRESS REPORT 12. Within 120 days of the effective date of this Agreement, the County will submit a report to the United States Attorney detailing the actions it has taken to comply with the preceding provisions. IMPLEMENTATION AND ENFORCEMENT OF THE SETTLEMENT AGREEMENT 13. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect to any provision herein shall not be construed as a waiver of its right to do so with regard to other provisions of this Agreement. 14. This Agreement is a public document and constitutes the entire agreement between the parties on the matters raised herein. Copies of this Agreement shall be made available to any person by either party upon request to that party. 15. The effective date of this Agreement is the date of the last signature below. For Erie County, For the United States: ____________________________ ________________________ JOHN L. WODATCH JOAN A. MAGAGNA ROBERT J. MATHER Attorneys Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 Date Date 01-06802