SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

MADISON COUNTY, MISSISSIPPI

DJ 204-41-107



BACKGROUND

SCOPE OF THE INVESTIGATION

The United States Department of Justice (Department) initiated this matter as a compliance review of Madison County, Mississippi (County) under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and the Department’s implementing regulation, 28 C.F.R. Part 35. Because the County receives financial assistance from the Department of Justice, the review was also conducted under the authority of section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department’s implementing regulation, 28 C.F.R. Part 42, Subpart G.

The review was conducted by the Disability Rights Section of the Department’s Civil Rights Division and focused on the County compliance with the following title II requirements:

As part of its compliance review, the Department reviewed the following facilities, which – because construction or alterations commenced after January 26, 1992 – must comply with the ADA’s new construction or alterations requirements:

The Circuit Court
The Madison County Nursing Home
Sheriff’s Department “D Pod”
Sheriff’s Department - Administrative Offices
Flora Public Library
1855 Courthouse
The Health Department
Department of Human Services (Economic Assistance Section)
The Madison Cultural Center
Kearney Park Fire Station

The Department’s program access review covered those of the County’s programs, services, and activities that operate in the following facilities:

Courthouse Annex - Office of the Tax Collector
Courthouse Annex - Office of Tax Assessor
Courthouse Annex - Emergency Management
County Offices and Chancery Building
Justice Court Building
The Sheriff’s Department and Detention Center
The Department of Human Services (Child Support/Family and Child Services)
The Mental Health Building
Madison South Annex
The Road Department
Rogers Park
The Youth Services Building and The Parole Building

The County represents that, with the exception of the polling places identified in the paragraph below, it does not conduct programs in facilities owned, operated, or under the control of another entity.

The Department conducted a program access review of the following polling places:

Mt. Hope Baptist Church
Lake Lorman
Highland Colony Baptist Church
Victory Baptist Church
First Presbyterian Church
Sunchase Apartments
Ratcliffe Ferry
Canton Community Center

This review was limited to the areas of the facilities used by the voting public: parking, the route from the parking area to the area used for voting, and the area used for voting.

The Department reviewed the County’s policies and procedures regarding voting, emergency management and disaster prevention, and sidewalk maintenance to evaluate whether persons with disabilities have an equal opportunity to utilize these programs.

Finally, the Department reviewed the County’s Sheriff’s Department’s policies and procedures regarding providing effective communication to persons who are deaf or hard-of-hearing.


JURISDICTION

1. The ADA applies to the County because it is a “public entity” as defined by title II. 42 U.S.C. § 12131(1).

2. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to determine the compliance of the County with title II of the ADA and the Department's implementing title II regulation, to issue findings, and, where appropriate, to 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 fail to secure voluntary compliance pursuant to Subpart F.

3. The Department is authorized under 28 C.F.R. Part 42, Subpart G, to determine the County’s compliance with section 504 of the Rehabilitation Act of 1973, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 29 U.S.C. § 794 and 28 C.F.R. §§ 42.530 and 42.108-110, to suspend or terminate financial assistance to the County provided by the Department of Justice should the Department fail to secure voluntary compliance pursuant to Subpart G or to bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.

4. The parties to this Agreement are the United States of America and Madison County, Mississippi.

5. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties enter into this Agreement.

6. In consideration of, and consistent with, the terms of this Agreement, the Attorney General agrees to refrain from filing a civil suit in this matter regarding all matters contained within this Agreement, except as provided in the section entitled “Enforcement and Implementation.”


ACTIONS TAKEN BY MADISON COUNTY

7. The County has a designated Brad Sellers (Sellers) as its ADA Coordinator.

8. The Madison County Circuit Court, a newly constructed facility, has many features of accessible design and requires few minor modifications.

9. The Madison County Nursing home has made this facility more accessible and safe for its residents by providing a ramp into the swimming pool and wiring heavy fire doors to the fire alarm system so that they close automatically in the event of a fire, but otherwise remain open for easy access by residents.

10. The County has compliant accessible parking spaces in the parking lot in the new Administrative Offices of the Sheriff’s Department.


REMEDIAL ACTION

NOTIFICATION

11. Within two months of the effective date of this Agreement, the County will adopt the attached Notice (Attachment A); distribute it to all agency heads; publish the Notice in a local newspaper of general circulation serving the County; post the Notice on its Internet Home Page; and post copies in conspicuous locations in its public buildings. It will refresh the posted copies, and update the contact information contained on the Notice, as necessary, for the life of this Agreement. Copies will also be provided to any person upon request.

12. Within three months of the effective date of this Agreement, and annually thereafter until the Agreement terminates, the County will implement and report to the Department its written procedures for providing information for interested persons with disabilities concerning the existence and location of the County’s accessible programs, services, and activities.

ADA COORDINATOR

13. The County appointed Sellers as its ADA Coordinator. As ADA Coordinator for the County, Sellers will coordinate the County’s effort to comply with and carry out its responsibilities under the ADA, including any investigation of complaints communicated to it alleging its noncompliance with title II or alleging any actions that would be prohibited under title II. The County will make available to all interested individuals the name, office address, and telephone number of Sellers.

GRIEVANCE PROCEDURE

14. Within two months of the effective date of this Agreement, the County will adopt the attached ADA Grievance Procedure (Attachment B), distribute it to all agency heads, and post copies of it in conspicuous locations in each of its public buildings. It will refresh the posted copies, and update the contact information contained on it, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request.

GENERAL EFFECTIVE COMMUNICATION PROVISIONS

15. Within two months of the effective date of this Agreement, the County will identify sources of qualified sign language and oral interpreters, real-time transcription services, and vendors that can put documents in Braille, and will implement and report to the Department its written procedures, with time frames, for fulfilling requests from the public for interpreters, real-time transcription services, and documents in alternate formats (Braille, large print, cassette tapes, etc.).

16. The County will publicize its central TTY telephone number on the same basis as its voice number, through its inclusion on County letterhead that is ordered, publications that appear, and the first reprinting of the local telephone book that takes place after the effective date of this Agreement. Such publication will include an explanation that the TTY number functions as a TTY number for all County offices and will be reiterated in subsequent publications and local telephone book editions for the life of this Agreement.

17. Within two months of the effective date of this Agreement, the County will implement and report to the Department its written procedures to ensure that TTY calls are returned by the appropriate County official by TTY on the same day as the call is received. If the caller’s questions or concerns cannot be handled promptly, the procedures will require a County employee to communicate with the caller on the same day in order to establish a time frame for the call-back.

18. The County will take steps to ensure that all appropriate employees are trained and practiced in using a TTY and the Mississippi Relay Service to make and receive calls and that its TTY’s are maintained in good working order through test calls every six months for the life of this Agreement.

9-1-1

19. Within three months of the effective date of this Agreement, the County will ensure that each 9-1-1 call station is equipped with a TTY or computer equivalent.

20. Within three months of the effective date of this Agreement, the County will develop procedures for answering 9-1-1 calls that include training all call takers to use a TTY to take 9-1-1 calls, to recognize a “silent” open line as a potential TTY call and respond by TTY, and to ensure that TTY calls are answered as quickly as other calls received.

21. The County will monitor its incoming 9-1-1 TTY calls to ensure they are answered as quickly and accurately as other calls received.

22. The County will incorporate correct TTY call-taking procedures into 9-1-1 call takers’ performance evaluations and will amend its personnel policies to include written disciplinary procedures for call takers who fail to perform TTY call-taking consistent with the training and procedures. The County will implement and report to the Department its evaluation and procedures within three months of the effective date of this Agreement.

LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION

23. Within two months of the effective date of this Agreement, the County will adapt for its own use and implement the Madison County Sheriff’s Department’s Policy Statement on Effective Communication with People Who are Deaf or Hard of Hearing (Attachment C) and distribute to all Sheriff Department officers the Guide for Law Enforcement Officers When in Contact with People Who are Deaf or Hard of Hearing (Attachment D).

24. Within two months of the effective date of this Agreement, the County will contract with one or more local qualified oral/sign language interpreter agencies to ensure that the interpreting services will be available on a priority basis, twenty-four hours per day, seven days a week, or make other appropriate arrangements (such as contracting directly with or hiring qualified interpreters).

25. Within one month of the effective date of this Agreement, the County will ensure that each sheriff station or substation and each detention facility is equipped with a working TTY (text telephone) to enable persons who are deaf, hard of hearing, or who have speech impairments to make outgoing telephone calls.

EMPLOYMENT

26. Within three months of the effective date of this Agreement, the County will amend its employment policies, as necessary, to comply with the regulations of the U.S. Equal Employment Opportunity Commission implementing title I of the Americans with Disabilities Act of 1990, codified at 29 C.F.R. Part 1630. At minimum, those policies will provide that the County:

VOTING

27. The County recognizes that most of its polling places are not readily accessible to and usable by persons with mobility impairments.

28. Some of the County polling places are owned or operated by other public entities subject to title II or by public accommodations subject to title III and, as such, are subject to the obligation to provide program access or remove barriers to accessibility under the ADA. This Agreement does not limit such future enforcement action against the owners or operators of these polling places by any person or entity, including the Department.

29. A list of the barrier removals for each and every polling place used by the County, but owned and operated by other entities, is contained in Attachment E. Attachment E is incorporated by reference as if fully set forth herein.

30. Within 14 months of the effective date of this Agreement, the County will survey all facilities mentioned in Attachment E to determine whether the actions requested by the County have been implemented. If not, for each polling place that still contains inaccessible parking, exterior route, entrance, or interior route to the voting area, the County will identify within 18 months of the effective date of this Agreement an alternate location where these elements are accessible. That identification will utilize the survey instrument that appears as Attachment F to this Agreement. The County will then take immediate steps to change its polling place to the new location.

31. Until all polling places in each precinct or voting district have accessible parking, exterior routes, entrances, and interior routes to the voting area, prior to each election, the County will identify and widely publicize to the public and to disability rights groups the most accessible polling place(s) for each precinct or voting district.

32. Within three months of the effective date of this Agreement, the County will provide opportunities for same-day balloting for voters with disabilities whose assigned polling place does not have accessible parking, exterior route, entrance, and interior route to the voting area. The method for providing these opportunities may include allowing the individual to vote at another nearby location that is accessible, vote by an absentee ballot that is accepted if postmarked on the day of the election (or picked up by election officials at the home of the voter on the same day as the election), provide curbside voting at the inaccessible polling place, or any other method that ensures that disabled voters have the same degree of information available to them when casting their ballots as others.

33. Within one year of the effective date of this Agreement, the County will develop and implement a way for persons who are blind or have low vision to vote independently and privately, whether through ballots and instructions in alternate formats (in-person and absentee), Braille templates and audio instructions, the provision of accessible voting machines, or some other method.

34. Within three months of the effective date of this Agreement, the County will survey its voter registration locations for accessibility to persons with disabilities by using the form provided at Attachment F and will report the results of this survey to the Department. If barriers to access are identified, the County will implement and report the Department its plan to provide program access, which may include allowing persons to register to vote through alternative means or at alternative locations.

35. Within three months of the effective date of this Agreement, the County will make all voter registration materials available in alternate formats, including Braille, large print, and audio tape.

36. Starting three months from the effective date of this Agreement, when the County purchases or otherwise acquires new voting machines, one such newly-acquired machine per polling location will be the most accessible model for persons with disabilities (including those with mobility and visual impairments) that has been approved for County use by the applicable governing authority (e.g., State Secretary of Elections or other such official).

37. Starting three months from the effective date of this Agreement, when setting up its voting equipment, the County will ensure that the equipment’s accessibility to persons with disabilities is maximized, such as setting up table-top equipment on accessible tables and within the reach ranges required by the Standards, as shown in Attachment F.

38. Within the month prior to the next election that utilizes the County polling places, and at least once annually throughout the term of this Agreement, the County will train poll workers on the rights of people with disabilities and the practical aspects of assuring those rights. The training will cover, at minimum, the need to maintain the physical accessibility of polling locations; how to assist people, as necessary; and how to operate the voting equipment (particularly new, accessible equipment).

EMERGENCY MANAGEMENT PROCEDURES AND POLICIES

39. If the County contracts with another entity, such as the American Red Cross or another local government, to provide its emergency preparedness plans and emergency response services, the County will ensure that the other entity complies with the following provisions on its behalf.

40. Within 3 months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that it regularly solicits and incorporates input from persons with a variety of disabilities and disability advocates regarding all phases of its emergency management plan.

41. Within 3 months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that its community evacuation plans enable those who have mobility impairments, vision impairments, hearing impairments, cognitive disabilities, mental illness, or other disabilities to safely self-evacuate or be evacuated by others. Some communities are instituting voluntary, confidential registries of persons with disabilities who may need individualized evacuation assistance or notification. If the County adopts or maintains such a registry, its report to the Department will discuss its procedures for ensuring voluntariness, appropriate confidentiality controls, and how the registry will be kept updated, as well as its outreach plan to inform persons with disabilities of its availability. Whether or not a registry is used, the County plan should address accessible transportation needs for persons with disabilities.

42. Within 3 months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that if its emergency warning systems use sirens or other audible alerts, it will also provide ways to inform persons with hearing impairments of an impending disaster. The use of auto-dialed TTY messages to pre-registered individuals who are deaf or hard of hearing, text messaging, e-mails, open-captioning on local TV stations and other innovative uses of technology may be incorporated into such procedures, as well as lower-tech options such as dispatching qualified sign language interpreters to assist with emergency TV broadcasts.

43. Within 3 months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that at least one emergency shelter has a back-up generator and a way to keep medications refrigerated (such as a refrigerator or a cooler with ice). Such shelter(s) will be made available to persons whose disabilities require access to electricity and refrigeration, for example, for using life-sustaining medical devices, providing power to motorized wheelchairs, and preserving certain medications, such as insulin, that require refrigeration. The written procedures will include a plan for notifying persons of the location of such shelter(s).

44. Within 3 months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that persons who use service animals are not separated from their service animals when sheltering during an emergency, even if pets are normally prohibited in shelters. The procedures will not unnecessarily segregate persons who use service animals from others but may take into account the potential presence of persons with disabilities who should not be in contact with certain types of animals, such as those with asthma, severe allergies, or certain phobic reactions.

45. Some of the of the County’s emergency shelters may be owned or operated by other public entities subject to title II or by public accommodations subject to title III and, as such, are subject to the obligation to provide program access or remove barriers to accessibility under the ADA. This Agreement does not limit such future enforcement action against the owners or operators of these facilities by any person or entity, including the Department.

46. Within 3 months of the effective date of this Agreement and until all emergency shelters have accessible parking, exterior routes, entrances, interior routes to the shelter area, and toilet rooms serving the shelter area, the County will identify and widely publicize to the public and to disability rights groups the most accessible emergency shelters.

47. Within 3 months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that it has identified temporary accessible housing (such as accessible hotel rooms within the community or in nearby communities) that could be used if people with disabilities cannot immediately return home after a disaster if, for instance, necessary accessible features such as ramps or electrical systems have been compromised. If the County does not provide temporary housing for non-disabled residents, it does not have to provide temporary housing for persons with disabilities, but its plan should recognize that persons with disabilities may need assistance identifying accessible temporary housing. If the County does provide temporary emergency housing, its plan should take into account that persons with disabilities may need temporary housing for longer periods than others if necessary accessible features of their homes have been compromised.

48. Within 3 months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that during clean-up operations, such as the removal of debris after a hurricane or tornado, people with disabilities know how to inform the government of areas of significant concern (for instance, city workers piling debris on sidewalks, blocking access for persons who use wheelchairs).

SIDEWALKS

49. Within three months of the effective date of this Agreement, the County will implement and report to the Department its written process for soliciting and receiving input from persons with disabilities regarding the accessibility of its sidewalks, including, for example, requests to add curb cuts at particular locations.

50. Within three months of the effective date of this Agreement, the County will identify and report to the Department all streets, roads, and highways that have been constructed or altered since January 26, 1992. Paving, repaving, or resurfacing a street, road, or highway is considered an alteration for the purposes of this Agreement. Within three years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at all intersections of the streets, roads, and highways identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway.

51. Beginning no later than one month after the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered.

52. Within three months of the effective date of this Agreement, the County will identify all street level pedestrian walkways that have been constructed or altered since January 26, 1992. Paving, repaving, or resurfacing a walkway is considered an alteration for the purposes of this Agreement. Within three years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at all places where a street level pedestrian walkway identified under this paragraph intersects with a street, road, or highway.

53. Beginning no later than three months after the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway.

PHYSICAL CHANGES TO FACILITIES

54. The elements or features of the County’s facilities that do not comply with the Standards, including those listed in this section, prevent persons with disabilities from fully and equally enjoying the County’s services, programs, or activities and constitute discrimination on the basis of disability within the meaning of 42 U.S.C. § 12132 and 28 C.F.R. §§ 35.149 and 35.150.

55. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement.

56. Within three months of the effective date of this Agreement, the County will install signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.

Newly Constructed Facilities: In order to ensure that the following spaces and elements in County facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the following actions:

57. A list of the barrier removals for each and every newly constructed facility is contained in Attachment G which is incorporated by reference as if fully set forth herein.

Altered Facilities: In order to ensure that the following spaces and elements in County facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the following actions:

58. A list of the barrier removals for each and every newly altered facility is contained in Attachment H which is incorporated by reference as if fully set forth herein.

Program Access in Existing Facilities: In order to ensure that each of the County’s programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, are readily accessible to and usable by persons with mobility impairments, the County will take the following actions:

59. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the Standards are used as a guide for determining whether a program or activity held in an existing facility is “readily accessible to and usable by” persons with disabilities and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. §§ 35.150(b)(1), 35.151.

60. A list of the barrier removals for each and every existing facility is contained in Attachment I and is incorporated by reference as if fully set forth herein.

PROGRAM MODIFICATIONS

61. The programs, services and activities provided in the following facilities are inaccessible to persons with disabilities: (1) all programs, services and activities provided in the Justice Court; and (2) all programs, services and activities provided in the Tax Assessor’s Office. “Within three months of the effective date of this Agreement, the County will implement and report to the Department its written plan regarding how the program, activity, or service will be made accessible to persons with disabilities.

MISCELLANEOUS PROVISIONS

62. Except as otherwise specified in this Agreement, at three, six, nine, and 12 months after the effective date of this Agreement, and annually thereafter until the termination or expiration of the Agreement, the County will submit written reports to the Department summarizing the actions the County has taken pursuant to this Agreement. Reports will include detailed photographs showing measurements, architectural plans, work orders, notices published in the newspaper, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations or equipment.

63. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the County will maintain the accessibility of its programs, activities, services, facilities, and equipment, and will take whatever actions are necessary (such as routine testing of accessibility equipment and routine accessibility audits of its programs and facilities) to do so. This provision does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs. 28 C.F.R. § 35.133(b).

64. Within 120 days of the effective date of this Agreement, the County will develop or procure a two-hour training program on the requirements of the ADA and appropriate procedures for interacting with persons with disabilities. The County will use the ADA technical assistance materials developed by the Department and will consult with interested persons, including individuals with disabilities, in developing or procuring the ADA training program.

65. Within one year of the effective date of this Agreement, the County will deliver its training program to all County employees who have direct contact with members of the public. At the end of that period, the County shall submit a copy of its training curriculum and materials to the Department, along with a list of employees trained and the name, title, and address of the trainer.


IMPLEMENTATION AND ENFORCEMENT

66. If at any time the County desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written Agreement by the Department to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the Department, which approval shall not be unreasonably withheld or delayed.

67. The Department may review compliance with this Agreement at any time. If the Department believes that the County has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a modification of the relevant terms, the Department will so notify the County in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the County, it may institute a civil action in federal district court to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce title II and section 504 of the Rehabilitation Act.

68. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County to fail to comply in a timely manner with any of its requirements without obtaining sufficient advance written agreement with the Department for an extension of the relevant time frame imposed by the Agreement.

69. Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.

70. This Agreement is a public document. A copy of this document or any information contained in it will be made available to any person by the County or the Department on request.

71. 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 (including its Attachments), shall be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the County’s continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act.

72. This Agreement will remain in effect for four years from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the County has been achieved.

73. The person signing for the County represents that he or she is authorized to bind the County to this Agreement.

74. The effective date of this Agreement is the date of the last signature below.


For Madison County: For the United States:






By:__________________________
Brad Sellers











Date       7/18/03     

J. MICHAEL WIGGINS
Acting Assistant Attorney General
Civil Rights Division

By:__________________________
JOHN L. WODATCH, Chief
MARY LOU MOBLEY, Acting Deputy Chief
JOSHUA MENDELSOHN, Supervisory Attorney
PAULA N. RUBIN, Investigator
MICHELE ANTONIO MALLOZZI, Architect
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
Disability Rights Section-NYA
Washington, DC 20530


Date       7/25/03      






Attachment A to Settlement Agreement between the United States of America and Madison County, Mississippi in DJ# 204-41-107



NOTICE UNDER THE AMERICANS

WITH DISABILITIES ACT



In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, Madison County, Mississippi (the County) will not discriminate against qualified individuals with disabilities on the basis of disability in the County’s services, programs, or activities.

Employment: The County does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the Americans with Disabilities Act (ADA).

Effective Communication: The County will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the County’s programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.

Modifications to Policies and Procedures: The County will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all County programs, services, and activities. For example, individuals with service animals are welcomed in County offices, even where pets are generally prohibited.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a County program, service, or activity, should contact the office of Brad Sellers, Chancery Court Building, P.O. Box 608, Canton, MS 39046, bws@madison-co.com, 601-855-5501, as soon as possible but no later than 48 hours before the scheduled event.

The ADA does not require the County to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.

Complaints that a County program, service, or activity is not accessible to persons with disabilities should be directed to the office of Brad Sellers, Chancery Court Building, P.O. Box 608, Canton, MS 39046, bws@madison-co.com, 601-855-5501.

The City will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.  (Back to Agreement)






Attachment B to Settlement Agreement between the United States of America and Madison County, Mississippi in DJ# 204-41-107



Madison County, Mississippi

Grievance Procedure under
The Americans with Disabilities Act



This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by Madison County (the County). The County Personnel Policy governs employment-related complaints of disability discrimination.

The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.

The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:

Brad Sellers
Chancery Court Building
P.O. Box 608, Canton, MS 39046
bws@madison-co.com
601-855-5501

Within 15 calendar days after receipt of the complaint, Brad Sellers, or his designee, will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, Brad Sellers, or his designee, will respond in writing, and where appropriate, in format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the County and offer options for substantive resolution of the complaint.

If the response by Brad Sellers, or his designee, does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the President of the Madison County Board of Supervisors, or his designee.

Within 15 calendar days after receipt of the appeal, the President of the Madison County Board of Supervisors, or his designee, will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the President of the Madison County Board of Supervisors, or his designee, will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

All written complaints received by Brad Sellers, or his designee, appeals to the President of the Madison County Board of Supervisors, or his designee, and responses from these two offices will be retained by the County for at least three years.  (Back to Agreement)






Attachment C to Settlement Agreement between the United States of America and Madison County, Mississippi in DJ# 204-41-107



MADISON COUNTY, MISSISSIPPI SHERIFF’S OFFICE

POLICY STATEMENT REGARDING EFFECTIVE COMMUNICATION



OVERVIEW

It is the policy of this law enforcement agency (Agency) to ensure that a consistently high level of service is provided to all community members, including those who are deaf or hard of hearing. This Agency has specific legal obligations under the Americans with Disabilities Act and the Rehabilitation Act. To carry out these policies and legal obligations, the Agency instructs its officers and employees as follows:

– If there has been an incident and the officer is conducting witness interviews, a qualified sign language interpreter may be required to communicate effectively with someone whose primary means of communication is sign language.

– If a person is asking an officer for directions to a location, gestures and an exchange of written notes will likely be sufficient to communicate effectively.
– If the Agency has limited financial resources and providing a particular auxiliary aid would cost a large sum of money, the Agency head may determine that it would be an undue financial burden (note: the Agency’s budget as a whole must be considered). In this situation, the most effective means of communication that does not involve an undue burden must be used.


ON-CALL INTERPRETIVE SERVICES


TTY AND RELAY SERVICES


TECHNIQUES FOR OFFICERS TO COMMUNICATE EFFECTIVELY

– Issuing a noncriminal or motor vehicle citation.
– Communicating with a person who initiates contact with an officer.
– Interviewing a victim or critical witness to an incident.
– Questioning a person who is a suspect in a crime.
– Making an arrest or taking a person into custody.
– Issuing Miranda Warnings to a person under arrest or in custody.
– Interrogating a person under arrest or in custody.


PROCEDURES FOR OBTAINING AUXILIARY AIDS AND SERVICES

– Use of gestures
– Use of visual aids
– Exchange of written notes
– Use of computers or typewriters
– Use of assistive listening devices
– Use of teletypewriters (TTY’s)
– Use of qualified oral or sign language interpreters

  (Back to Agreement)






Attachment D to Settlement Agreement between the United States of America and Madison County, Mississippi in DJ# 204-41-107



GUIDE FOR LAW ENFORCEMENT OFFICERS

When In Contact With People Who Are Deaf or Hard of Hearing



As a law enforcement officer, you can expect to come into contact with people who are deaf or hard of hearing