SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA, THE UNIFIED COURT SYSTEM OF THE STATE OF NEW YORK, AND THE CITY OF ROME, NEW YORK DEPARTMENT OF JUSTICE COMPLAINT NUMBER 204-50-106 This Settlement Agreement is entered into by the City of Rome, New York ("the City"), the Unified Court System of the State of New York ("the Unified Court System"), and the United States of America, through the United States Department of Justice, Civil Rights Division, Disability Rights Section ("the Department of Justice"). WHEREAS, a complaint was filed under title II of the Americans with Disabilities Act (ADA), 42 U.S.C.  12131-12134, with the Department of Justice against the City Court of Rome, New York, which alleges that the services, programs, and activities of the City Court of Rome, located in the Justice Building, 301 North James Street, Rome, New York, are not accessible to persons with mobility impairments as they are all located on the second floor of a building without an elevator; WHEREAS, the Department of Justice is authorized under 28 C.F.R. Part 35, Subpart F, to investigate fully the allegations of the complaint in this matter, to determine compliance with title II of the ADA and the Department of Justice's implementing regulation, to issue findings, and where appropriate, to negotiate and to secure voluntary compliance agreements, and, furthermore, the Attorney General is authorized, under 42 U.S.C.  12133, to bring civil action enforcing title II of the ADA should the Department of Justice fail to secure voluntary compliance pursuant to Subpart F; 01-06803 WHEREAS, the ADA applies to the City Court of Rome, New York because it is a public entity as defined in title II of the ADA, 42 U.S.C.  12131; and WHEREAS, under state law the City is obligated to provide and maintain a suitable and sufficient physical facility for the Rome City Court, while the Unified Court System administers the services, programs and activities of the Rome City Court; WHEREAS, the City is presently engaged in a court facility planning process that will result in the expansion and renovation of the Justice Building or, in the alternative, in the permanent relocation of the Rome City Court to a different building; THEREFORE, the City, the Unified Court System, and the United States, desiring to resolve this matter without resort to litigation, agree to the following voluntary compliance agreement: 1. In consideration for the City's and the Unified Court System's performance of their obligations under this Settlement Agreement, the Department of Justice agrees to refrain from undertaking further investigation of Department of Justice Complaint No. 204-50-106 and to refrain from filing a civil suit arising from Department of Justice Complaint No. 204-50-106. 2. The Unified Court System agrees that it shall make all services, programs, and activities of the Rome City Court accessible to all qualified individuals with disabilities. 3. The City agrees that the expansion and renovation of the Justice Building or, in the alternative, the permanent relocation of the Rome City Court to a different building, shall be made in such a manner that the Rome City Court will be readily accessible to and usable by all qualified individuals with disabilities. 2 01-06804 4. The City agrees that the expansion and renovation of the Justice Building or, in the alternative, the construction and\ or renovation of a different building for permanent use as the Rome City Court, shall be made in conformance with either the Uniform Federal Accessibility Standards (Appendix A to 41 C.F.R. part 101-19.6) or the American with Disabilities Act Standards for Accessible Design (Appendix A to 28 C.F.R. part 36). 5. Upon the completion of the architectural plans for the expansion and renovation of the Justice Building or, in the alternative, for the construction and\or renovation of a different building for permanent use as the Rome City Court, the City agrees to provide the Department of Justice with complete copies of the plans before construction begins. 6. The City agrees to provide the Department of Justice with copies of amendments to, or correspondence with the Unified Court System pertaining to, the City's Capital Plan, as it relates to the expansion and renovation of the Justice Building or, in the alternative, to the construction and\or renovation of a different building for permanent use as the Rome City Court, from the effective date of this Settlement Agreement to the completion date of the project. 7. During the expansion and renovation of the Justice Building or, in the alternative, the construction and\or renovation of a different building for permanent use as the Rome City Court, the Unified Court System agrees to make the Rome City Court's services, programs, and activities accessible to all qualified individuals with disabilities. 8. During the expansion and renovation of the Justice Building or, in the alternative, the construction and\or renovation of a different building for permanent use as the Rome City Court, the City agrees that it shall post the following notice, or its equivalent, at the main entrance to the Justice Building: For handicapped access to Rome City Court services, go to the rear entrance of the County Court House across the street, or call 337-6440. 3 01-06805 9. During the expansion and renovation of the Justice Building or, in the alternative, the construction and\or renovation of a different building for permanent use as the Rome City Court, the Unified Court System agrees that the Rome City Court shall move its proceedings to an accessible location when a qualified individual with a disability requests such an accommodation or when such an individual is unable to access the second floor of the Justice Building. 10. During the expansion and renovation of the Justice Building or, in the alternative, the construction and\or renovation of a different building for permanent use as the Rome City Court, the Unified Court System agrees that Rome City Court personnel shall meet qualified individuals with disabilities at accessible locations, if necessary, to assist in providing access to the Rome City Court's services, programs, and activities, including but not limited to accepting papers for filing, receiving payment of fees or fines, or reviewing court files or records. 11. If the Department of Justice determines that this Settlement Agreement or any requirement thereof has been violated, it may institute a civil action seeking specific performance of the provisions of this Settlement Agreement and other appropriate relief in any appropriate Federal court. 12. Failure by the Department of Justice to enforce the entire Settlement Agreement, or to enforce of any provision thereof, with regard to any deadline or any other provision herein shall not be construed as a waiver of the Department of Justice's right to enforce other deadlines and provisions of this Settlement Agreement. 13. In the event that the City or the Unified Court System fail to comply in a timely manner with any requirement of this Settlement Agreement, without prior written agreement from the Department of Justice, this Settlement Agreement shall become enforceable in an appropriate Federal court. 14. This Settlement Agreement is a public document. A copy of this Settlement Agreement or any information contained in it may be made available to any person by the City, the Unified Court System, or the Department of Justice on request. 4 01-06806 15. The effective date of this Settlement Agreement is the date of the last signature below. 16. This Settlement 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 any party or agents of any party, that is not contained in this written agreement, shall be enforceable. This Settlement Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law. This Settlement Agreement does not affect the City's or the Unified Court System's continuing responsibility to comply with all aspects of the ADA. For the City of Rome: For the United States: (Signature) (Signature) _____________________ ________________________ Joseph A. Griffo John L. Wodatch, Chief Mayor Joan A. Magagna, Deputy Chief Kirk M. Flagg, Attorney Date: 1/28/97 Disability Rights Section Civil Rights Division U.S. Department of Justice. Date: 2/7/97 For the Unified Court System of the State of New York: (Signature) ______________________ Jonathan Lippman Chief Administrative Judge Date: 1-22-97 5 01-06807