United States of America v. Humboldt County, California - Consent Decree

II. AGREED RESOLUTION

10. The Parties agree it is in their best interests to resolve this matter by entry of this Consent Decree.  The Parties agree and stipulate to the Court’s entry of this Consent Decree resolving the Plaintiff’s complaint against the County.
Now it is hereby ORDERED AND DECREED as follows:

A. GENERAL NONDISCRIMINATION REQUIREMENTS

11. Humboldt County will not discriminate against individuals with a disability, and will not, based on disability:

     a. Deny the benefits of its programs, services, and activities.  28 C.F.R. § 35.130(b)(1).

     b. provide an unequal, different, or separate opportunity to participate in its programs, services, and activities.  28 C.F.R. § 35.130(b)(1), (3).

     c. Limit the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others.  28 C.F.R. § 35.130(b)(1)(vii).

     d. Determine the site or location of a facility that has the effect of excluding individuals with disabilities from, denying them the benefits of, or otherwise subjecting them to discrimination or that have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the program, service, or activity with respect to individuals with disabilities.  28 C.F.R. § 35.130(b)(4).

12. Humboldt County agrees that it will comply with the ADA and the Title II regulation by:

     a. Administering its programs services, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities.  28 C.F.R. § 35.130(d).

     b. Operating each program, service, or activity so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities.  28 C.F.R. §§ 35.149-.150.

     c. Ensuring that facilities for which construction or alteration was begun after January 26, 1992, are readily accessible to and usable by people with disabilities, in accordance with the Title II regulation and the applicable accessibility standards.  28 C.F.R. § 35.151.

     d. Ensuring that communications with people with disabilities, including applicants, participants, and members of the public, are as effective as communications with others, including furnishing auxiliary aids and services when necessary.  28 C.F.R. § 35.160.

B. NOTIFICATION

13. Within thirty (30) days of the entry of this Consent Decree, the County will adopt and follow the attached Notice under the Americans with Disabilities Act, Attachment A (“Notice”); distribute the Notice to all its agency heads; publish the Notice in a local newspaper of general circulation serving the County on four (4) different days, including two (2) Sunday editions; post the Notice on its Internet Home Page (humboldtgov.org); and post the Notice in conspicuous locations in its public buildings.  The County will refresh each posted Notice, and update the contact information contained on each Notice, as necessary, during the term of this Consent Decree.  The County will provide the Notice to any person upon request.

14. Within three (3) months of the entry of this Consent Decree, and annually thereafter for the duration of the term of this Consent Decree, the County will implement, follow, and send to the United States its written procedures to inform all interested individuals of the existence and location of its accessible programs, services, and activities.

Attachment A: NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT

In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Humboldt County, California will not discriminate against qualified individuals with disabilities on the basis of disability in its 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 County 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 [name and contact info for ADA Coordinator] 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 [name and contact info for ADA Coordinator].

The County 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.

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C. ADA COORDINATOR

15. Within one hundred eighty (180) days of the entry of this Consent Decree, the County will appoint or hire one or more ADA Coordinators, who must be pre-approved by the United States and trained in and knowledgeable about the ADA.  The ADA Coordinator(s) will coordinate the County’s effort to comply with this Consent Decree and the ADA, including any investigation by the County of ADA-related complaints.  The County will make available to all interested individuals the name(s), office address(es), telephone number(s), and email address(es) of the ADA Coordinator(s).  The County will also post this information on its website, in an accessible and conspicuous location (i.e., directly linked from the County’s homepage) and accessible format (i.e., HTML).  If the County changes its ADA Coordinator(s), it will notify the United States in writing, and update the name and contact information everywhere it appears, within one (1) day of making such a change.

D. INDEPENDENT LICENSED ARCHITECT

16. Within one hundred eighty (180) days of the entry of this Consent Decree, the County will retain an Independent Licensed Architect (“ILA”), pre-approved initially and continually approved by the United States throughout the term of the Consent Decree, who is trained in and knowledgeable about the accessibility requirements of the ADA.  The ILA must act independently to certify whether any alterations, additions, or modifications made by the County during the term of this Consent Decree comply with the applicable standard pursuant to 28 C.F.R. § 35.151(c) and the Appendix to 28 C.F.R. § 35.151(c).  The County will bear all costs and expenses of retaining and using the ILA, including the costs and expenses of any consultants and staff used by the ILA.  The County will compensate this ILA without regard to the outcome.

17. In issuing certifications pursuant to this Consent Decree, the ILA will impartially prepare reports identifying each violation and demonstrating with photographs each violation that has been remediated and will use the certification form at Attachment B.  The ILA will be considered a neutral inspector for purposes of issuing certifications of compliance and will be reasonably available to the United States to discuss findings in its and the County’s reports, photographs, and certifications.  The United States may also, in its discretion, provide technical assistance to the ILA.  Upon request by the United States, the County will provide prior notice to the United States of inspections by the ILA to allow representatives of the United States to be present.

18. The County will submit ILA certifications along with its reporting requirements as set forth in this Consent Decree.

Attachment B

Certification of ADA Compliance

I, [insert name], in my capacity as an Independent Licensed Architect, retained by Humboldt County,  California and approved by the United States, pursuant to the Consent Decree executed on [insert date],

Hereby CERTIFY to the best of my knowledge, information, and belief that the following element identified below is in compliance with the physical accessibility requirements of the Agreement and the Americans with Disabilities Act as of the date shown below.

Element Identified in Attachments X, X, and X to the Consent Decree:

Description of Element:

Location of Element:

____________________
Date

__________________________________
Signature of Independent Licensed Architect

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E. GRIEVANCE PROCEDURE

19. Within three (3) months of the entry of this Consent Decree, the County will adopt the attached ADA Grievance Procedure, Attachment C, distribute it to all of its agencies, post it on its website, and post copies of it in conspicuous locations in each of its public buildings.  It will refresh each posted copy, and update the contact information contained on it, as necessary, for the term of the Consent Decree.  The County will provide copies to any person upon request.

Attachment C: HUMBOLDT COUNTY, CA 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 the County.  The County=s 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:

[Name and address of ADA Coordinator]

Within 15 calendar days after receipt of the complaint, [name of ADA Coordinator] or [his/her] designee will meet with the complainant to discuss the complaint and the possible resolutions.  Within 15 calendar days of the meeting,[name of ADA Coordinator]or [his/her] designee will respond in writing, and where appropriate, in format accessible to the complainant, such as large print, Braille, or audio recording.  The response will explain the position of theCounty and offer options for substantive resolution of the complaint.

If the response by [name of ADA Coordinator]or [his/her] 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 theCounty Commissioner/ other appropriate high-level official or [his/her] designee.

Within 15 calendar days after receipt of the appeal, the County Commissioner/ other appropriate high-level official or [his/her] designee will meet with the complainant to discuss the complaint and possible resolutions.  Within 15 calendar days after the meeting, the County Commissioner/ other appropriate high-level official or [his/her] 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 [name of ADA Coordinator]or [his/her] designee, appeals to the County Commissioner/ other appropriate high-level official or [his/her] designee, and responses from these two offices will be retained by the County for at least three years.

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F. GENERAL EFFECTIVE COMMUNICATION PROVISIONS

20. Within three (3) months of the entry of this Consent Decree, the County will identify sources of qualified sign language and oral interpreters, qualified readers, real-time transcription services, and vendors able to convert documents to Braille.  Within this three (3) month timeframe, the County will implement and report to the United States its written procedures, with time frames, for providing and fulfilling requests for sign language or oral interpreters, qualified readers, real-time transcription services, and documents in alternate formats, including Braille, large print, audio recording, and accessible electronic format (e.g., HTML).

21. Within three (3) months of the entry of this Consent Decree, the County will train all employees who communicate with the public to use the California Relay Service to make and receive calls, and report to the United States the details of the trainings including the identity of the employees trained.  The County will train all new employees who will have contact with the public at least five (5) business days before they first have contact with the public.

G. 911 EMERGENCY COMMUNICATIONS

22. Within three (3) months of the entry of this Consent Decree, the County will ensure that each of its 911 consoles or call stations can receive and respond to TTY communications effectively with an analog TTY or computer equivalent.  Within three (3) months of the entry of this Consent Decree, the County will adopt written procedures for answering 911 calls and train all call takers to use a TTY or computer equivalent to take 911 calls.  The training and procedures will include recognizing a “silent” open line as a potential TTY call, responding by analog TTY or computer equivalent, and answering TTY calls as quickly as other calls received.  The County will monitor incoming 911 TTY calls, answer them as quickly and accurately as other calls, and send the written procedures and details of the training and monitoring to the United States.

H. LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION

23. Within three (3) months of the entry of this Consent Decree, the County will implement the Humboldt County Sheriff’s Office’s Policy Statement on Effective Communication with People Who are Deaf or Hard of Hearing, Attachment D, 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 E.

24. Within three (3) months of the entry of this Consent Decree, the County will hire or contract with local qualified oral and sign language interpreters to be available to its sheriff’s department twenty-four hours every day.

25. Within three (3) months of the entry of this Consent Decree, the County will equip each sheriff station or substation and each jail and detention facility with a sufficient number of working TTYs, videophones, hearing aid compatible telephones, and volume control telephones, but no fewer than one (1) of each, to enable people who are deaf, hard of hearing, or who have speech impairments to make telephone calls of the same frequency and with the same availability as those people who do not use TTYs or videophones.  Where telephone calls are time-limited, the County will adopt policies permitting a longer period of time for individuals using a TTY, videophone, or relay service due to the slower nature of these communications as compared to voice communications.  If any person who is deaf, hard of hearing, or who has a speech impairment prefers a different method of communication, such as a captioned telephone or computer, the County will make reasonable efforts to provide the communication device requested.

Attachment D: HUMBOLDT COUNTY POLICE DEPARTMENT POLICY STATEMENT REGARDING EFFECTIVE COMMUNICATION WITH PEOPLE WHO ARE DEAF OR HARD OF HEARING

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:

• People who identify themselves as deaf or hard of hearing are entitled to a level of service equivalent to that provided others.

• The Agency will make every effort to ensure that its officers and employees communicate effectively with people who have identified themselves as deaf or hard of hearing.

• Effective communication with a person who is deaf or hard of hearing involved in an incident – whether as a victim, witness, suspect, arrestee, or other persons connected to the situation – is essential in ascertaining what actually occurred, the urgency of the matter, and the specifics of the situation.

• Various types of communication aids – known as "auxiliary aids and services" – are used to communicate with people who are deaf or hard of hearing. These include use of gestures or visual aids to supplement oral communication; an exchange of written notes; use of a computer or typewriter; use of assistive listening devices (to amplify sound for persons who are hard of hearing); or use of qualified oral or sign language interpreters.

• The type of aid that will be required for effective communication will depend on the individual's usual method of communication, and the nature, importance, and duration of the communication at issue.

• In many circumstances, oral communication supplemented by gestures and visual aids, an exchange of written notes, use of a computer or typewriter, or use of an assistive listening device may be effective. In other circumstances, qualified sign language or oral interpreters are needed to communicate effectively with persons who are deaf or hard of hearing. The more lengthy, complex, and important the communication, the more likely it is that a qualified interpreter will be required for effective communication with a person whose primary means of communication is sign language or speech reading. For example:

  - 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 and a sign language interpreter is often not required.

• To serve each individual effectively, primary consideration should be given to the communication aid or service that works best for that person. Officers must ask persons who are deaf or hard of hearing what type of auxiliary aid or service they need. Officers must defer to those expressed choices, unless there is another equally effective way of communicating, given the circumstances, length, complexity, and importance of the communication, as well as the communication skills of the person who is deaf or hard of hearing.

• The Agency is not required to provide a particular auxiliary aid or service if doing so would fundamentally alter the nature of the law enforcement activity in question, or if it would cause an undue administrative or financial burden. Only the Agency head or his or her designee may make this determination.

• The input of people who are deaf or hard of hearing who are involved in incidents is just as important to the law enforcement process as the input of others. Officers must not draw conclusions about incidents unless they fully understand -- and are understood by -- all those involved, including persons who are deaf or hard of hearing.

• Auxiliary aids or services are to be provided free of charge.

ON-CALL INTERPRETER SERVICES

• The Agency will maintain a list of sign language and oral interpreting services that are available (on-call 24 hours per day) to provide qualified interpreters as needed. Each of these services will be chosen after having been screened for the quality and skill of its interpreters, its reliability, and other factors. The Agency will update this list annually.

• A qualified sign language or oral interpreter is one who is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Accordingly, an interpreter must be able to sign to the deaf individual (or interpret orally to the person who does not use sign language) what is being said by the hearing person and to voice to the hearing person what is being signed or said by the deaf individual. The interpreter must be able to interpret in the language the deaf person uses (e.g., American Sign Language or Signed English) and must be familiar with law enforcement terms and phrases. Because a qualified interpreter must be able to interpret impartially, a family member, child, or friend of the individual who is deaf may not be qualified to render the necessary interpretation because of factors such as professional, emotional, or personal involvement, or considerations of confidentiality. Additionally, although a "qualified" interpreter may be certified, a certified interpreter is not necessarily "qualified," if he or she is not a good communications match for the deaf person (e.g., where the deaf person uses Signed English and the interpreter uses American Sign Language) or the situation (e.g., where the interpreter is unfamiliar with law enforcement vocabulary). Certification is not required in order for an interpreter to be "qualified."

TTY AND RELAY SERVICES

• In situations when a nondisabled person would have access to a telephone, officers must provide persons who are deaf or hard of hearing the opportunity to place calls using a text telephone (TTY, also known as a telecommunications device for deaf people, or TDD). Officers must also accept telephone calls placed by persons who are deaf or hard of hearing through the Telecommunications Relay Service.

TECHNIQUES FOR OFFICERS TO COMMUNICATE EFFECTIVELY

• Officers must review and have a working knowledge of Guide for Law Enforcement Officers When In Contact With People Who Are Deaf or Hard of Hearing. This document reviews how officers should communicate effectively in the types of situations officers will encounter. These situations include:

  – 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

• Officers must utilize the following auxiliary aids as appropriate, when available, to communicate effectively:

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

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Attachment E: 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.

Title II of the Americans with Disabilities Act (ADA) of 1990 prohibits State and local governments from discriminating against an individual with a disability. Municipal and State police and county sheriff departments are bound by this Federal law. Your office has adopted a more detailed policy regarding law enforcement officers’ communication with people who are deaf of hard or hearing. You should become familiar with this policy.

What does title II require of you when interacting with persons who are deaf or hard of hearing? Among other things, your communication with such an individual must be as effective as your communication with hearing people.

How do you communicate? Provide aids or services as necessary to ensure that the deaf or hard of hearing individual understands what you are saying and that you understand him or her. These can include:

• use of qualified sign language or oral interpreters,

• for people who are hard of hearing, speaking loudly and clearly, and use of assistive listening devices (to amplify sound),

• use of gestures or visual aids to supplement oral communication,

• an exchange of written notes; or

• use of a computer

What method of communication should you use? The law requires you to give primary consideration to the individual’s preference. Ask how the person wishes to communicate.

For example, some people who are deaf do not use sign language and may need to use a different aid or rely on lipreading. In one-on-one communication with an individual who lip reads, an officer should face the individual directly, and should ensure that the communication takes place in a well-lighted area.

Honor the individual’s choice unless it would significantly interfere with your law enforcement responsibilities or you are confident that other means of communicating, that may be easier to provide, are just as effective. Remember that deaf or hard of hearing persons must be able to understand you as well as those who do not have hearing impairments.

DO NOT ask a family member or friend to interpret for a deaf individual unless it is urgent to communicate immediately and that is the only option. If the deaf person requests that arrangement and the other person agrees, however, you can proceed.

How do you know when you are communicating clearly to an individual who is deaf or hard of hearing? Ask the person to summarize what you are saying.

If the person uses sign language, what kinds of communication require an interpreter? Consider the length, importance, and complexity of the communication, as well as the context.

• In a simple encounter, such as checking a driver’s license or giving directions, a notepad and pencil or perhaps gestures will normally be sufficient.

• During interrogations and arrests, a sign language interpreter will often be necessary.

• If the legality of a conversation will be questioned in court, such as situations where Miranda warnings are issued, a sign language interpreter may be necessary. You should be careful about misunderstandings in the absence of a qualified interpreter. A nod of the head may be an attempt to appear cooperative in the midst of misunderstanding, rather than consent or a confession of wrongdoing.

• In general, if an individual who does not have a hearing disability would be subject to police action without interrogation, then an interpreter will not be required, unless one is necessary to explain the action being taken.

Example: An officer clocks a car on the highway driving 15 miles above the speed limit. The driver, who is deaf, is pulled over and issued a noncriminal citation. The individual is able to understand the reasons for the citation, because the officer exchanges notes and points to information on the citation. A sign language interpreter is not needed.

Example: An officer responds to an aggravated battery call and upon arriving at the scene observes a bleeding victim and an individual holding a weapon. Eyewitnesses observed the individual strike the victim. The individual with the weapon is deaf. Because the officer has probable cause to make a felony arrest without an interrogation, an interpreter is not necessary to carry out the arrest.

Example: An officer responds to the scene of a domestic disturbance. The husband says the wife has been beating their children and he has been trying to restrain her. The wife, who is deaf, requests an interpreter. The officer begins by exchanging notes but the woman’s responses indicate a lack of comprehension. An interpreter should be called. If the woman’s behavior is threatening, the officer can make an arrest and call for an interpreter to be available at the booking station.

Do you have to take a sign language interpreter to a call about a violent crime in progress or a similar urgent situation involving a person who is deaf? No. An officer's immediate priority is to stabilize the situation. If the person being arrested is deaf, the officer can make an arrest and call for an interpreter to be available later at the booking station.

Contact numbers for your local sign language interpreters: 
___________________________________________
___________________________________________
___________________________________________

Note: Reproduction of this document is encouraged.

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I. EMERGENCY MANAGEMENT PROCEDURES AND POLICIES

26. The County’s Emergency Operations Plan (“EOP”) must comply with the ADA.  The County will use Chapter 7 of the Department of Justice’s ADA Best Practices Tool Kit for State and Local Government (“ADA Tool Kit”) to address ADA obligations of emergency management, including planning, preparedness, evacuation, shelters, medical and social services, lodging and housing programs, recovery, and rebuilding.

27. Within sixty (60) days of the entry of this Consent Decree, the County will incorporate the provisions of Chapter 7 of the ADA Tool Kit into its EOP and provide a copy (including supporting documents) to the United States.

28. The County’s EOP will include the following:

      a. Procedures to solicit, receive, and use input from people with a variety of disabilities on its emergency management plan (preparation, notification, response, and clean-up).

      b. Community evacuation plans to enable people who have mobility disabilities, are blind or have low vision, are deaf or hard of hearing, have cognitive disabilities, mental illness, or other disabilities to either safely self-evacuate or be evacuated by others.

      c. If the County’s emergency warning system uses sirens or other audible alerts, then procedures to effectively inform people who are deaf or hard of hearing of an impending disaster.

      d. A requirement that emergency shelters have a back-up generator and a way to keep medications refrigerated (such as a refrigerator or a cooler with ice).  Access to back-up power and refrigeration at such shelters will be made available to people 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 people of the location of such shelters.

      e. Procedures ensuring that people who use service animals are not separated from their service animals when sheltering during an emergency, even if pets are prohibited in shelters.  The procedures will not segregate people who use service animals from others but may take into account the potential presence of people who, for safety or health reasons, should not be in contact with certain types of animals.

      f. Plans for providing equivalent opportunities for accessible post-emergency temporary housing to people with disabilities.  The County will ensure that information it makes available regarding temporary housing includes information on 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.

J. PHYSICAL CHANGES TO EMERGENCY SHELTERS

29. Some County emergency shelters may be owned or operated by other public entities subject to Title II or by public accommodations subject to Title III and therefore they must provide program access or remove barriers to accessibility under the ADA.  This Consent Decree does not limit future enforcement action against the other owners or operators of these emergency shelters.

30. Within nine (9) months of the entry of this Consent Decree, the ILA will survey all emergency shelters in the County using the survey instrument entitled ADA Checklist for Emergency Shelters, Attachment F to identify barriers to access for individuals with disabilities.

31. For County emergency shelters with barriers to access for individuals with disabilities, the County will either (1) remove all barriers to access by people with disabilities and have the ILA confirm removal of the barriers to the United States, or (2) relocate the emergency shelter to another facility that can be used as an emergency shelter and that has no barriers to access by people with disabilities within fifteen (15) months of the entry of this Consent Decree.

32. For shelters that are not owned or operated by the County, the County will request in writing that each of the owners and operators of the shelter facilities remove the noted barriers to access for people with disabilities within fifteen (15) months of the entry of this Consent Decree.  The County will simultaneously send a copy of the request to the United States.

33. Within eighteen (18) months of the entry of this Consent Decree, the ILA will survey each shelter to determine whether the barriers have been removed.  If not all barriers have been removed at a shelter, the County will identify and designate within twenty-four (24) months of the entry of this Consent Decree an accessible replacement shelter for each inaccessible shelter, which will be confirmed by the ILA using the survey instrument entitled ADA Checklist for Emergency Shelters, Attachment F.

34. Within three (3) months of the entry of this Consent Decree and until all emergency shelters are accessible as confirmed by the ILA, the County will identify and widely publicize to the public and to people with disabilities the most accessible emergency shelters.

K. SIDEWALKS

35. Within six (6) months of the entry of this Consent Decree, the County will implement and report to the ILA and the United States its written process for requesting and receiving input from people with disabilities regarding the accessibility of its sidewalks, including requests to add curb cuts at particular locations.

36. Within nine (9) months of the entry of this Consent Decree, the County and its ILA will identify and report to the United States: (1) a plan to identify all existing street level pedestrian walkways, streets, roads, and highways under the jurisdiction of Humboldt County that have not been constructed or altered since January 26, 1992; and (2) a timetable to provide curb ramps or other sloped areas that comply with the applicable architectural standards at all existing intersections of streets, roads, and highways having curbs or other barriers from a street level pedestrian walkway.  The plan and timetable must be approved by the United States and will specify completion of all required curb ramps or other sloped areas that comply with the applicable architectural standards and the ADA within three (3) years.  The plan and timetable shall give priority to requests from people with disabilities, walkways serving entities covered by the ADA, including state and local government offices and facilities, transportation, places of public accommodation, and employers, followed by walkways serving other areas.

37. Within three (3) years of the entry of this Consent Decree, the County will provide curb ramps or other sloped areas complying with the applicable architectural standards as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below, at all intersections of the streets, roads, and highways constructed or altered since January 26, 1992, that have curbs or other barriers from a street level pedestrian walkway, and at all places where a street level pedestrian walkway constructed or altered since January 26, 1992, intersects with a street, road, or highway.

38. Annually, the ILA will confirm to the United States that the County has provided curb ramps or other sloped areas where required that are in compliance with the applicable architectural standards in accordance with the approved plan and its timetable.  If the County fails to comply with the approved plan and its timetable, the United States may file a motion to enforce this Consent Decree pursuant to paragraph 63.

39. Following entry of this Consent Decree, whenever a street, road, highway, or street level pedestrian walkway intersecting with a street, road or highway is constructed or altered, the County will provide curb ramps or other sloped areas complying with the 2010 ADA Standards at any intersection having curbs or other barriers to entry from a street level pedestrian walkway.  Annually, the ILA will confirm to the United States that the County has provided curb ramps or other sloped areas where required that comply with the 2010 ADA Standards.

L. WEB-BASED SERVICES AND PROGRAMS

40. Within three (3) months of the entry of this Consent Decree, the County will:

      a. Designate an employee as the Web Accessibility Coordinator for the County who will be responsible for coordinating the County’s compliance with the requirements of this section, Section L, of this Consent Decree.  The Web Accessibility Coordinator will have experience with the requirements of Title II of the ADA, the Web Content Accessibility Guidelines (“WCAG”) version 2.0 (published by the World Wide Web Consortium (“W3C”), Web Accessibility Initiative (“WAI”), available at www.w3.org/TR/WCAG) and website accessibility generally; and

      b. Retain an independent consultant (“Website Accessibility Consultant”), approved by the United States, who is knowledgeable about accessible website development, Title II of the ADA, and WCAG 2.0 to evaluate the County’s website and any proposed online services for compliance with the ADA and, at minimum, WCAG 2.0 Level A and Level AA Success Criteria and other Conformance Requirements (“WCAG 2.0 AA”), and who will be responsible for the annual website accessibility evaluation described in detail in paragraph 41(d).  The County will bear all costs and expenses of retaining and utilizing this Website Accessibility Consultant, including the costs and expenses of any staff needed by the Website Accessibility Consultant.  The County will compensate this Website Accessibility Consultant without regard to the outcome.

41. Within two (2) months of the entry of this Consent Decree, and annually thereafter, the County will:

      a. Adopt, implement, and post online a policy that its web pages will conform with WCAG 2.0 AA;

      b. Distribute the policy to all employees and contractors who design, develop, maintain, or otherwise have responsibility for its websites, or provide website content, technical support, or customer service;

      c. Provide training to website content personnel on how to conform all web content and services with, at minimum, WCAG 2.0 AA, Title II of the ADA, and the terms of this Consent Decree;

      d. Assess all existing web content and online services covered by this Consent Decree for conformance with WCAG 2.0 AA and perform automated accessibility tests of the County’s website and all of its online services, using an automated tool approved by the United States, to identify any accessibility barriers;

      e. Provide a notice, prominently and directly linked from its homepage, instructing visitors to its websites on how to request accessible information.  The link will provide several methods to request accessible information, including an accessible form to submit feedback, an email address, and a toll-free phone number  to contact personnel knowledgeable about the accessibility of the website; and

      f. Provide a notice, prominently and directly linked from its homepage, soliciting feedback from visitors to its websites on how to improve website accessibility.  The link will provide several methods to provide feedback, including an accessible form to submit feedback, an email address, and a toll-free phone number to contact personnel knowledgeable about the accessibility of the website.

42. Within twelve (12) months of the entry of this Consent Decree, the County will:

      a. Ensure that its websites and all online services, including those websites or online services provided by third parties upon which the County relies to allow members of the public to participate in or benefit from the County’s programs, services, or activities, comply with WCAG 2.0 AA, with the exception of the following categories of content:

          1. Archived web content, i.e., content maintained exclusively for reference, research, or recordkeeping, which is not altered or updated after the date of archiving, and which is organized and stored in a dedicated area or areas clearly identified as being archived;

          2. Conventional electronic documents (i.e., portable document file (PDF), word processor, presentation, spreadsheet, and database file formats) available on the County’s websites as of the entry of this Consent Decree, unless such documents are to be used by members of the public to apply for, gain access to, or participate in the County’s programs, services, or activities; and

          3. Conventional electronic documents (i.e., PDF, word processor, presentation, spreadsheet, and database file formats) or any other submissions by a third party in connection with an administrative, judicial, or legal proceeding that are available on the County’s websites; and

      b. Assess all proposed online services before they are made available to the public for conformance with WCAG 2.0 AA and perform automated accessibility tests, using an automated tool approved by the United States, to identify any accessibility barriers.

M. NEW CONSTRUCTION, ALTERATIONS, AND PHYSICAL CHANGES TO FACILITIES

43. All construction and alterations to County buildings and facilities by the County or on its behalf will comply with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards.  All architectural changes by the County or on its behalf made on or after March 15, 2012, must comply with the 2010 ADA Standards.  The term “2010 ADA Standards” refers to the 2010 ADA Standards for Accessible Design (28 C.F.R. § 35.104 (Title II) (defining the “2010 ADA Standards” as the requirements set forth in appendices B and D to 36 C.F.R. part 1191 and the requirements contained in 28 C.F.R. § 35.151.)).  All citations are to the 2010 ADA Standards unless otherwise noted.

44. The parts of a County facility that do not comply with the 1991 ADA Standards (or the 2010 ADA Standards, as applicable), as listed in Attachments G, H, I, and J, prevent people with disabilities from fully and equally enjoying the County’s programs, services, or activities and constitute discrimination on the basis of disability within the meaning of 42 U.S.C. § 12132 and 28 C.F.R. §§ 35.149-35.151.

45. The County will remediate the violations listed in Attachments G, H, I, and J, by taking the actions outlined in those attachments within the specified timeframes.  All architectural changes by the County or on its behalf made on or after March 15, 2012, must comply with the 2010 ADA Standards.  The County will complete all actions identified in Attachments G, H, I, and J no later than thirty-three (33) months from the date of entry of this Consent Decree.  Specific deadlines for each facility are outlined in Attachments G, H, I, and J.

46. If the County has already undertaken an alteration, addition, or other modification to any element identified in Attachments G, H, I, or J, otherwise after January 26, 1992, and prior to the entry of this Consent Decree, the County will submit to the ILA and the United States within nine (9) months a written report pursuant to paragraph 61 below summarizing the actions taken, providing ILA certifications and providing evidence establishing each individual element’s compliance with the applicable architectural standard as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied in the table below:

47. Within nine (9) months of the entry of this Consent Decree, the County will have the ILA survey all facilities that are the subject of this Consent Decree for the purpose of identifying those that have multiple entrances not all of which are accessible.  Also within nine (9) months of the entry of this Consent Decree, the County will install directional signage at all inaccessible entrances to each of its facilities and will place the international symbol for accessibility at each accessible entrance to a facility, in accordance with 28 C.F.R. § 35.163(b).

48. Newly Constructed Facilities:  The County will take the actions listed in Attachment G to make County facilities for which construction was commenced after January 26, 1992, readily accessible to and usable by people with disabilities.

49. Altered Facilities:  The County will take the actions listed in Attachment H to make the altered parts of the County facilities for which alterations commenced after January 26, 1992, readily accessible to and usable by people with disabilities.

50. Program Access in Existing Facilities:  The County will take the actions listed in Attachment I to make each of the County’s programs, services, and activities operating at a facility that is the subject of this Consent Decree, when viewed in its entirety, readily accessible to and usable by people with disabilities.

51. County Facilities and Programs that Are Not Listed in This Consent Decree:  The County and the ILA will ensure compliance with the requirements of Title II for all of the County facilities and programs that are not listed in this Consent Decree and its attachments.  The ILA will survey all the County’s facilities for compliance with Title II of the ADA that the United States did not list in this Consent Decree.  Within nine (9) months of the entry of this Consent Decree, the County and ILA will submit to the United States a detailed report from the ILA listing the access issues identified during the ILA’s review together with the corrective actions and completion dates proposed to resolve such issues.  The proposed completion dates may be no later than twelve (12) months prior to the termination of this Consent Decree.  The survey conducted by the ILA, the access issues identified, and the corrective actions and completion dates proposed will be consistent with the requirements of Title II; the review of the County facilities and programs conducted by the United States for purposes of this Consent Decree; and the access issues, corrective actions, and completion dates reflected in Attachments G, H, I, and J.

Attachment G: Modifications to Newly Constructed Facilities

Attachment H: Modifications to Altered Facilities

Attachment I: Program Access in Existing Facilities

Attachment J: Access to Humboldt County Programs Housed in Others’ Facilities

N. PROGRAM MODIFICATIONS

52. Access to County Programs Housed in Non-County Owned Facilities:  To ensure that the County’s programs, services, and activities that are the subject of this Consent Decree and that are operated by the County at facilities owned or controlled by other entities, when viewed in their entirety, are readily accessible to and usable by people with mobility impairments, the County will take the actions listed in Attachment J.

O. MONETARY RELIEF

53. Within ten (10) business days after the entry of this Consent Decree, the County will deposit Two Hundred Seventy-Five Thousand Dollars ($275,000) in an interest-bearing account for the purpose of compensating aggrieved persons who have been harmed by the County’s noncompliance with the ADA.  Within fifteen (15) business days after the entry of this Consent Decree, the County will submit proof to the United States that the account has been established and the funds deposited.  The County will bear all costs of establishing the account, maintaining it, and issuing checks from it.  Copies of account statements will be promptly provided to the United States, upon request.

54. Within thirty (30) days after the entry of this Consent Decree, the County will produce to the United States any complaints about access to any County facilities, programs, services, or activities that it has received from or on behalf of an individual alleged to have a disability.

55. Within ninety (90) days of the effective date of this Consent Decree, the United States will determine which persons have already been harmed by ADA violations in the County and will determine in its sole discretion an appropriate amount of damages to be awarded each such person, provided that:  No person will be paid pursuant to this Section of the Consent Decree until the United States has received an executed “Waiver and Release of Claims” form from that person that is substantially similar to the form attached as Attachment K.  The total amount to be paid by the County pursuant to this Section of the Consent Decree will not exceed Two Hundred Seventy-Five Thousand Dollars ($275,000) plus any interest accrued in the account established under paragraph 53.

56. The United States will notify the County in writing in one or more notifications of its determinations of the amount to be paid to each aggrieved person.  Within thirty (30) days after receiving each such written notification, the County will deliver to the United States checks to the aggrieved persons made payable as directed by the United States.  The United States will provide a copy of the executed “Waiver and Release of Claims” forms before sending checks to the aggrieved persons.

57. The United States may also seek compensation in the future for individuals aggrieved by non-compliance with the Consent Decree.  The Court shall have jurisdiction over any such claims.

ATTACHMENT K: WAIVER AND RELEASE OF CLAIMS

I,_________________________, hereby agree that in consideration of the payment of $_________ made to me pursuant the Consent Decree between the United States of America and Humboldt County, CA, I hereby release Humboldt County, CA, and all of its agents and employees, as well as any affiliated entities, successors, and assigns, from any and all legal claims for monetary or equitable relief that I now have arising in whole or in part under Title II of the Americans with Disabilities Act.  I have been advised that, before signing this release, I have the right to consult a private attorney regarding its contents.  I have read this release and understand its contents, and choose to sign it of my own free will and not under duress.

AGREED:

______________
Signature

______________
Date

P. MAINTENANCE OF ACCESSIBLE FEATURES AND TRAINING

58. Throughout the term of this Consent Decree, consistent with 28 C.F.R. § 35.133(a), the County will maintain the accessibility of its programs, services, activities, facilities, and equipment, including routinely testing accessibility equipment and routinely auditing the accessibility of its programs and facilities.  This provision, however, does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs.  28 C.F.R. § 35.133(b).

59. Within nine (9) months of the entry of this Consent Decree, the County will submit for pre-approval by the United States a proposed training program, lasting at least four hours, on the requirements of the ADA and appropriate ways of serving people with disabilities.  The submission will include a description of the training, the agenda, any handouts, and the name, title, and address of the trainer.

60. Within one (1) year of the entry of this Consent Decree and annually thereafter, after approval of the training program by the United States, all County employees who have direct contact with members of the public will be trained for at least four hours on the requirements of the ADA and appropriate ways of serving people with disabilities.  Within thirty (30) days after each training the County will submit to the United States the list of employees trained.

61. Beginning six (6) months after the entry of this Consent Decree and every six (6) months thereafter throughout the term of this Consent Decree, the County will submit written reports to the United States summarizing the actions taken by the County to comply with this Consent Decree, including modified facilities, programs, services, and activities.  The report will include the ILA certifications received pursuant to paragraphs 16 through 18 of this Consent Decree, photographs showing measurements, architectural plans, notices published in the newspaper, copies of adopted policies and a copy of any other documents or information required by this Consent Decree.  The reports will include input from the County’s ADA Coordinators.

Q. COMPLIANCE

62. It is a violation of this Consent Decree for the County to fail to comply in a timely manner with any of the requirements of this Consent Decree.

63. The United States may review compliance with this Consent Decree at any time and may file a motion to enforce this Consent Decree if it believes that the Consent Decree, or any requirement thereof, has been violated.  The United States may conduct an on-site review of any County facility, review any County records related to actions required by the Consent Decree, and interview any County employees or contractors for purposes of reviewing compliance with this Consent Decree and ADA requirements, including the requirements of the ADA Standards.  If the United States identifies any noncompliance with the Consent Decree or the ADA Standards, the County must correct its noncompliance within thirty (30) days of receipt of notice of noncompliance from the United States or the United States may seek the Court’s assistance to enforce this Consent Decree.

64. Any time limits for performance imposed by this Consent Decree may be extended by the mutual written agreement of the Parties, except for the term of this Consent Decree in paragraph 70.

65. Failure by the United States to enforce this Consent Decree or any of its provisions or deadlines will not be construed as a waiver of the right of the United States to enforce any deadlines and provisions of this Consent Decree.

66. All material sent to the United States pursuant to this Consent Decree will be sent to the following address by common carrier, delivery prepaid:  U.S. Department of Justice, Civil Rights Division, Disability Rights Section, Attn:  Dov Lutzker, Trial Attorney, 1425 New York Avenue, NW, Washington, DC 20005, or by email at dov.lutzker@usdoj.gov.  The cover letter will include a subject line referencing Humboldt County and DJ# 204-11-275.

67. This Consent Decree (including its Attachments) is the entire agreed order between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party will be enforceable.  This Consent Decree does not relieve the County of its continuing obligation to comply with all aspects of the ADA.

68. The County will provide a copy of this Consent Decree and any information contained in it, including Attachments A through K, to any person, upon request.

69. This Consent Decree is binding on Humboldt County, and its agents, officers, employees, contractors, and successors in interest. 

70. This Consent Decree will remain in effect for a minimum of forty-two (42) months. The Court shall retain continuing and exclusive jurisdiction for the duration of the Decree to enforce the terms of the Decree. The United States and/or the County may apply to the Court for such further orders as may be necessary for, or consistent with, the enforcement of this Decree, including an extension of the Consent Decree if the County fails to comply with the provisions herein.