SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE ARLINGTON COUNTY POLICE DEPARTMENT 1. The parties to this Agreement are the United States of America and the Arlington County Police Department. The United States of America is referred to hereinafter as the "United States." The United States Department of Justice is referred to hereinafter as the "Department." 2. The Arlington County Police Department, its agents, employees, officials, and designees, are referred to hereinafter as the "County." Ms. Carol Reptsik is referred to hereinafter as "Ms. Reptsik." Title II of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. SS 12131 et seq., is referred to hereinafter as the "ADA." 3. The regulation implementing title II of the ADA at 28 C.F.R. S 35.140(a), explains that title II prohibits employment discrimination against qualified individuals with disabilities. Title II, which adopts the same legal standards as title I of the ADA, 29 C.F.R. Part 1630 et. seq, prohibits employment discrimination by public entities. See 28 C.F.R. S 35.140(b). 4. Ms. Carol Reptsik filed a complaint of discrimination with the Department of Justice on September 28, 1995, alleging that she was discriminated against on the basis of her disability, epilepsy, in violation of title II of the ADA by being denied employment in a clerical position with the Arlington County Police Department because of her disability. 5. The County denies that its actions were in violation of title II of the ADA and contends that it follows the requirements of title II of the ADA, as amended, including, but not limited to the employment provisions. 6. The parties have determined that their respective interests can be met without engaging in protracted litigation to resolve this dispute and have, therefore, voluntarily entered into this Agreement. 7. The County will continue to provide training to its employees in regard to the County's obligations under the employment provisions of the ADA. 8. On or before March 11, 1996, the County will offer a $2,500 monetary award to Ms. Reptsik. 9. On or before March 11, 1996, the County will, in writing, extend to Ms. Respik an offer of employment for a four week, (temporary) full-time clerical position with the County Police 01-07608 Department. This job offer is contingent upon Ms. Reptsik signing a waiver to take and taking and passing the County's required polygraph examination, which the County will administer in a manner consistent with the requirements of the ADA, including 29 C.F.R. Part 1630 et. seq. Ms. Reptsik need not accept the job relief offered to her by the County in order to accept the monetary award described in paragraph 8 above. 10. Acceptance of any of the relief offered in paragraphs 8 & 9 above is in full settlement of all claims known or unknown, asserted or unasserted, against the County, arising out of events leading to or related to Ms. Reptsik's complaint filed with the Department of Justice in September 1995. 11. The County's offer to Ms. Reptsik will be made in a letter and the contents of that letter will be the same as in Exhibit 1, attached hereto. The offer letter will advise Ms. Reptsik that in order to accept any of the relief offered, she must return an executed Release, the contents of which will be the same as in Exhibit 2 attached hereto, to the County in care of its counsel within thirty (30) days of her receipt of the offer letter. 12. The County will send to the undersigned counsel for the United States a copy of the offer letter and release that it sends to Ms. Reptsik. If Ms. Reptsik accepts the County's offer, the County will send a copy of the executed release and the check, if any, to the undersigned counsel for the United States. 13. The Department of Justice may institute a civil action in the appropriate U.S. District Court to enforce this Agreement if the Department believes that this Agreement or any requirement thereof has been violated. If the Department believes that this Agreement or any portion of it has been violated, it will raise its concern(s) with the County, and the parties will attempt to resolve the concern(s) in good faith. The County will be given thirty (30) days to cure any breach of this Agreement prior to the institution of any enforcement action. Other than to enforce this agreement, the Department agrees not to bring any action against the County based upon Ms. Reptsik's September 1995 allegations. 14. Failure by the Department to enforce this entire Agreement or any provision thereof with regard 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. 15. A signatory to this document in a representative capacity for either party represents that he or she is authorized to bind that party to this Agreement. 2 01-07609 16. This Agreement constitutes the entire agreement between the parties on the matters raised herein. No other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained or referenced in this written Agreement, shall be enforceable. 17. The effective date of this Agreement is the date of the last signature below. For the Arlington County For the United States of Amer- Police Department: ica: Barbara Drake Deval L. Patrick County Attorney Assistant Attorney General By: (Signature) By: (Signature) Lisa Bryant Fowler L. Irene Bowen, Deputy Chief Assistant County Attorney Alyse S. Bass, Attorney Arlington County Disability Rights Section 2100 Clarendon Blvd. Civil Rights Division Arlington, Virginia 22201 U.S. Department of Justice (703) 358-3100 P.O. Box 66738 Washington, D.C. 20035-6738 (202) 616-9511 Dated: 3/7/96 Dated: 3/5/96 01-07610 EXHIBIT 1 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED Ms. Carol Reptsik 1612 C. Belmont St. N.W. Washington D.C. 20009 Re: Reptsik v. Arlington County Police Department Dear Ms. Reptsik: The United States and the Arlington County Police Department ("County") have entered into a Settlement Agreement with the intent of resolving the above-captioned matter. A copy of the Settlement Agreement is enclosed. Pursuant to the Settlement Agreement, the County is offering you a monetary award of $2,500. In addition, the County is extending to you an offer of employment for a four week (temporary) full-time clerical position with the County Police Department, contingent upon your signing a waiver, taking and passing the County's polygraph examination. You need not accept the job relief offered to you by the County in order to accept the monetary award. The County's offer is in full settlement of all claims, known or unknown, related to the events leading to, or related to, your complaint filed with the United States under title II of the Americans with Disabilities Act of 1990, as amended, and to render unnecessary further proceedings. In order to accept the County's offer to you, you must execute the enclosed Release and return it to the County within thirty (30) days of your receipt of this letter. You may return the Release by mail or in person to: Lisa Bryant Fowler Assistant County Attorney Arlington County 2100 Clarendon Blvd., Suite 403 Arlington, Virginia 22201 01-07611 If you accept any of the relief being offered to you by the County pursuant to the Settlement Agreement, and so signify your acceptance by executing the enclosed Release, you will thereby agree not to exercise your right to file suit on this matter. Within fourteen days of receipt of the signed release, the County will send a check, in the agreed upon mount, to you at 1612 C. Belmont St. N.W., Washington, D.C. 20009. If you have any questions concerning the Settlement Agree- ment or the County's offer to you, you may call or write to the following attorney at the U.S. Department of Justice: Alyse S. Bass Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 (202) 616-9511 Sincerely, Lisa Bryant Fowler Enclosures 2 01-07612 EXHIBIT 2 RELEASE OF ALL CLAIMS For and in consideration of the acceptance of the relief offered to me by the Arlington County Police Department ("County"), pursuant to a Settlement Agreement between the United States of America and the County, including, specifically, an offer of (1) $2,500; and (2) an offer of employment for a four week (temporary) full-time clerical position with the County Police Department, contingent upon my signing a waiver and taking and passing the County's polygraph examination: I, Carol Reptsik, release and discharge the County, and its current, former, and future agents, employees, officials, and designees, of and from all legal and equitable claims, known or unknown, arising out of events leading to or related to my complaint of discrimination under title II of the Americans with Disabilities Act of 1990, filed with the Department of Justice in September 1995. I further agree that I will not exercise my right to institute against the County any civil action alleging employment discrimination regarding matters raised in or related to the complaint filed with the Department of Justice in September 1995. I understand that the payment to be made to me and the job offer do not constitute an admission by the County of the validity of any claim raised by me or on my behalf. This Release constitutes the entire agreement between the County and myself, without exception or exclusion. I acknowledge that a copy of the Settlement Agreement between the County and the United States of America resolving the matter between them has been made available to me. 01-07613 I accept the $2,500 monetary reward. I accept the job relief offered by the County. I decline the job relief offered by the County. I HAVE READ THIS RELEASE AND UNDERSTAND THE CONTENTS THEREOF AND I EXECUTE THIS RELEASE OF MY OWN FREE ACT AND DEED. Signed this____day of______________ , 1996. Carol Reptsik Social Security Number Subscribed and sworn to before me this ________ day of ______________, 1996. __________________________ Notary Public My Commission expires: ___________________________ 2 01-07614