SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT OF 1990 BETWEEN THE UNITED STATES OF AMERICA AND CLINTON TOWNSHIP BOARD OF SUPERVISORS, PENNSYLVANIA DJ #204-63-52 and DJ #204-63-53 I. Background 1. This matter was initiated by complaints, dated May 19 and October 21, 1996, filed with the United States Department of Justice ("the Department"), against the Board of Supervisors for Clinton Township, Pennsylvania ("Board of Supervisors"). The complaints were 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.  12131-12134. The complainants, Donald F. Goetz and John A. Fobes, Jr., respectively, have hearing impairments and use hearing aids. The complainants allege that, during township meetings the Board of Supervisors failed to make its discussions audible to persons with hearing impairments, including failure to use available microphones for a recently purchased amplification system. The complainants allege that the Board of Supervisors retaliated against them for filing ADA complaints by having the county District Attorney send the complainants a letter of warning, delivered by a State Trooper, addressing the complainants behavior during their disruption of the August 7, 1996, town meeting. 2. The Board of Supervisors denies that it acted unlawfully with respect to the complainants. The Board of Supervisors maintains that it has attempted to accommodate the complaining parties by reducing competing noise and by recently purchasing an audio amplification system. The Board of Supervisors alleges that during the August 7, 1996, meeting the complainants unlawfully disrupted the meeting. The Board denies any attempt to retaliate against the complainants for having filed complaints with the Department. 3. The parties have agreed to settle this matter without resolving the factual and legal dispute regarding the lawfulness of the Board of Supervisors 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 Supervisors 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.  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 Supervisors for Clinton Township, Pennsylvania. 01-07229 5. This Agreement does not constitute an admission of liability and/or fault on the part of the Board of Supervisors. 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.  12131; 28 C.F.R.  35.101. 7. The ADA applies to the Board of Supervisors because it is a public entity as defined in the Department of Justice's regulation implementing title II. 28 C.F.R.  35.104. III. Actions to be Taken by Board of Supervisors 8. The Board of Supervisors agrees to take the following actions within 45 days of the date of this Agreement: a. The Board of Supervisors shall develop and post in a prominent location of its public areas a written policy statement indicating procedures available for persons with disabilities to a obtain reasonable modifications to township policies, practices, and procedures. b. The Board of Supervisors 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. c. The Board of Supervisors shall use its newly acquired amplification system and shall insure that all members of the Board use the attached microphones when addressing township 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 in the Federal District Court for Pennsylvania, or any other appropriate Federal district court. The Department of Justice may review compliance with this Agreement at any time. If the Department of Justice believes that this Agreement or any requirement thereof has been violated, it may institute civil action seeking specific performance of the provisions of this Agreement in an appropriate Federal court. 2 01-07230 10. This Agreement is a public document. A copy of this Agreement or any information contained herein may be made available to any person. The Department shall provide a copy of this Agreement to any person upon request. 11. This Agreement shall become effective as of the date of the last signature below. 12. 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 (Signature) Ron Whisonant By: __________________________ Date: 5/15/97 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 Supervisors, Clinton Township, Pennsylvania: (Signature) By: ___________________________ Date: 5/7/97 Richard B. Henry, Esq. Solicitor for Clinton Township Bugaj and Henry Attorneys at Law Maple Leaf Gardens 308 Ninth Street Honesdale, PA 18431 3 01-07231