SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND ALEXANDRIA CITY COURT, ALEXANDRIA, LOUISIANA DEPARTMENT OF JUSTICE COMPLAINT NUMBER XX This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act (ADA), 42 U.S.C. 12131-12134, with the United States Department of Justice (Department of Justice), against the Alexandria City Court, Alexandria, Louisiana (the Court). The complaint alleged that in proceedings involving an individual who is deaf and uses sign language for communication, the Court did not secure the services of a qualified interpreter to ensure that communication with the individual was as effective as that provided to others. The Department of Justice is authorized under 28 C.F.R. Part 35, Subpart F, to investigate fully the allegations of the complaint in this matter to determine the Court's compliance with title II of the ADA and the Department of Justice's implementing regulation, issue findings, and, where appropriate, negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized under 42 U.S.C. 12133, to bring a civil action enforcing title II of the ADA should the Department of Justice fail to secure voluntary compliance pursuant to Subpart F. The parties to this Agreement are the United States of America and the Alexandria City Court. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter. 1. This Agreement is not an admission of violation and should not be construed as an admission by the Court of any violation. 2. The ADA applies to the Court because it is a public entity as defined in the Department of Justice's regulation implementing title II. 28 C.F.R.  35-104. 3. The Court has developed a written policy, which is attached, to provide that in those proceedings where an interpreter is required to ensure effective communication with an individual who is deaf or hard of hearing, the Court will, upon reasonable notice, secure the services of a qualified interpreter(s). 01-05294 - 2 - 4. In order to ensure effective communication with any participant, including any party, witness, juror, or spectator who is deaf or hard of hearing, in the services, programs, or activities of the Court, including judicial proceedings, the Court agrees: a. To provide, at the Court's expense, appropriate auxiliary aids and services, including qualified interpreters, when necessary to ensure effective communication with the individual with a disability. b. To give primary consideration to the request of the individual with a disability, in determining what type of auxiliary aid or service is necessary. c. To notify individuals who are deaf or hard of hearing about the provision of auxiliary aids and services to ensure effective communication. The Court will distribute this information through pamphlets, posters or other appropriate means. d. To refrain from denying an individual who is deaf or hard of hearing an equal opportunity to participate in any proceeding before the Court because of his or her disability or because of the requirement to ensure effective communication. 5. Copies of the policy will be provided to members of the public upon request. 6. In order to inform members of the public regarding the provisions of title II and their applicability to the Court's programs, services and activities, the Court will publish, within 30 days of the effective date of this Agreement, the following notice or an equivalent on two separate occasions in a newspaper of general circulation in Rapides Parish: In accordance with the requirements of title II of the Americans with Disabilities Act, the Alexandria City Court will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. In those proceedings where provision of interpreting 01-05295 - 3 - services is required to ensure effective communication with any party, witness, juror, or spectator who is deaf or hard of hearing, the Court will, upon reasonable notice, secure the services of a qualified interpreter(s). For more information, please contact Ms. Millie Ezernack, Clerk of Court, Alexandria City Court, P.O. Box 30, Alexandria, Louisiana 71309-0030 telephone (318) 449-5146. 7. The Court will provide a copy of the policy or notice, addressed in paragraphs 3 and 6, respectively, to any person upon request. 8. The Court will modify its ADA grievance procedures so that a person shall be allowed 15 days following the date of the alleged incident of discrimination to file a grievance. 9. Within 90 days of the effective date of this Agreement, the Court will submit a report to the Department of Justice detailing the actions the Court has taken to comply with the preceding provisions. This report will include copies of notices published in the newspapers. 10. Beginning on the effective date of this Agreement, the Court will instruct all employees of the provisions of this Agreement and of the Court's policies and procedures for providing interpreting services. 11. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person. The Court will provide a copy of this Agreement to any person on request. 12. The Department of Justice may review compliance with this Agreement at any time. If it determines that this Agreement or any requirement thereof has been violated, it may institute civil action seeking specific performance of the provisions of this Agreement in an appropriate Federal court. 13. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect to any deadline or any other provision herein will not be construed as a waiver of the Department of Justice's right to enforce other deadlines and provisions of this Agreement. 14. In the event that the Court fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department of 01-05296 - 4 - Justice as a temporary modification of the relevant terms of this Agreement, all terms of this Agreement will become enforceable in an appropriate Federal court. 15. The effective date of this Agreement is the date of the last signature below. 16. 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, will be enforceable under its provisions. This Agreement is limited to the facts set forth in the first paragraph, and it does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect the Court's continuing responsibility to comply with all aspects of the ADA. For the Court: For the United States: (Signature) (Signature) ________________________ ____________________________ EDWARD E. ROBERTS, JR. MERRILY A. FRIEDLANDER City Judge Acting Chief ROBERT MATHER, Attorney LINDA KING, Investigator Coordination & Review Section Civil Rights Division U.S. Department of Justice P.O. Box 66118 Washington, D.C. 20035-6118 Date 31 May 1994 (handwritten) Date 6/17/94 (handwritten) 01-05297 POLICY ON INTERPRETING SERVICES IN JUDICIAL PROCEEDINGS INVOLVING INDIVIDUALS WHO ARE DEAF OR HARD OF HEARING It is the policy of the Alexandria City Court that in those proceedings where an interpreter is required to ensure effective communication with any party, witness, juror, or spectator who is deaf or hard of hearing, the Court will, upon reasonable notice, secure the services of a qualified interpreter(s). The term "qualified interpreter" means an interpreter who is able to interpret effectively, accurately, and impartially both receptively and expressively, using any necessary specialized vocabulary. Before determining the type of interpreting services to be secured, the Court or its designated representative will confer with an individual with a disability regarding his or her mode of communication (e.g., American Sign Language, Signed English, or oral interpreting). The Court or its designee will then determine the type of the services and the date, time, and place where such services will be required. The Court will then secure an interpreter(s) who is/are capable of providing these services and negotiate payment terms from appropriate budgeted funds. Upon the date, place, and time noted, and prior to continuing with any proceeding, the Court or other designated official will inquire of the individual, through the interpreter, whether the individual is confident that the interpreter's skills will ensure an adequate and accurate interpretation of the communication of the proceeding, and whether or not the individual feels the interpreter is impartial. If either of those questions are answered in the negative, further efforts will be made by the Court or its designee to acquire a qualified interpreter. If those two questions are answered in the affirmative, the Court will ask the interpreter whether he or she will be able to interpret the proceedings. The proceedings will continue unless the interpreter is unable to satisfy the criteria for a qualified interpreter, at which time a qualified interpreter will be obtained. The Court may not require an individual to bring his or her own family members or friends to interpret. In the event the individual brings his or her own interpreter to any proceeding, the Court or its designee will ask the individual and the interpreter whether the individual is confident that the interpreter's skills will ensure an adequate and accurate interpretation of the communication of the proceeding, and whether or not the individual feels the interpreter is impartial. If the Court and the individual are satisfied that the interpreter is qualified, the Court will cover the cost of interpreting services and the proceedings will continue. 01-05298 - 2 - Otherwise, the Court or its designee will obtain a qualified interpreter. The Court, by and through the Chief Judge, will cause these procedures to be distributed to all judges and staff of the judiciary. Upon request, the coordinator for the Americans with Disabilities Act will be available to answer all inquiries and will obtain sufficient training materials on the requirements for effective communication. Notice of the Court's commitment to comply with the provisions of the Americans with Disabilities Act is to be provided to all parties, witnesses, jurors, and spectators in judicial proceedings. As of the date of this document, the final language and placement of this notice has yet to be determined, but this notice is to be provided as soon as practicable.1 The notice will name a centralized office for county government2, which may be contacted via traditional telephone and telecommunications device for the deaf (TDD).3 1Notice will include both signs and written notification on subpoenas, juror summons, pretrial notices, etc. Currently, upon the awareness of any need, each individual who is deaf or hard of hearing is provided a neutral interpreter through the Alexandria City Court at the Court's expense. 2Millie Ezernack has been designated as the Court's ADA Coordinator. She may be contacted at area code (318) 449-5146, Extension 1. As soon as a TDD is installed in the ADA Coordinator's Office, the TDD number will be publicized. Any individual contacting the centralized offices will be forwarded to the ADA coordinator and will be accommodated. 3TDD communication may occur via the Louisiana Relay Service. 01-05299 U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box 66118 Washington, D.C. 20035-6118 JUN 17 1994 (stamp) Ms. Frances Blair Executive Director Deaf Action Center 338 Main Street Pineville, Louisiana 71360-6961 RE: Complaint Number XX Dear Ms. Blair: This letter is in reference to the complaint your organization filed on behalf of XX with the Department of Justice, Civil Rights Division, Coordination and Review Section, alleging that effective communication was not provided to XX , who is deaf, at an Alexandria City Court proceeding. Enclosed is a copy of the fully-executed Settlement Agreement between the Department of Justice and the Alexandria City Court. The Settlement Agreement states that the Alexandria City Court will provide auxiliary aids, including sign language interpreters, when needed to ensure effective communication during Court proceedings. Based upon the assurances in this voluntary Settlement Agreement, we have determined that the Court is in compliance with title II and we are closing this case as of the date of this letter. Continued compliance is contingent upon the Court's completion of the actions required by the Settlement Agreement. The Coordination and Review Section will monitor the Court's progress in implementing the requirements of the Settlement Agreement. If XX is dissatisfied with the terms of the 01-05300 - 2 - Settlement Agreement, he may file a private complaint in the appropriate United States District Court under title II of the ADA. Our determination of the Court's compliance is not intended, nor should it be construed, to cover any other issues regarding compliance with title II that may exist and that are not specifically addressed in the Settlement Agreement. You should be aware that no one may intimidate, threaten, coerce, or engage in other discriminatory conduct against anyone because he or she has either taken action or participated in an action to secure rights protected by the ADA. Any individual alleging such harassment or intimidation may file a complaint with the Department of Justice. We would investigate such a complaint if the situation warrants. Under the Freedom of Information Act, 5 U.S.C.  522, we may be required to release this letter and other correspondence and records related to this complaint in response to a request from a third party. Should we receive such a request, we will safe- guard, to the extent permitted by the Freedom of Information Act and the Privacy Act, the release of information which could constitute an unwarranted invasion of privacy. If you have any questions concerning this letter, please feel free to call Linda King at (202) 307-2231. Sincerely, (Signature) Merrily A. Friedlander Acting Chief Coordination and Review Section Civil Rights Division Enclosure 01-05301 U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box 66118 Washington, D.C. 20035-6118 Millie Ezernack Clerk of the Court Alexandria City Court Rapides Parish P.O. Box 30 Alexandria, Louisiana 71309-0030 RE: Complaint Number XX Dear Ms. Ezernack: This letter is in to inform you that the Settlement Agreement between Alexandria City Court and the Department of Justice concerning title II of the Americans with Disabilities Act of 1990 (ADA) becomes effective as of the date of this letter. Enclosed is a copy of the fully-executed Settlement Agreement that resolves a complaint alleging that effective communication was not provided to a deaf person during a Court proceeding. The Agreement states that the Alexandria City Court will provide auxiliary aids, including sign language interpreters, to ensure effective communication during Court proceedings. Based upon the assurances made by the Court in this Agreement, we are closing our files in this complaint as of the date of this letter. Continued compliance is contingent upon the Court's completion of the actions required by the Agreement. Failure to implement the requirements of the Agreement may result in a finding of noncompliance with title II of the ADA. The Coordination and Review Section will monitor the Court's progress in implementing the requirements of the Agreement. To begin the monitoring process, Alexandria City Court will submit a written report, as required by paragraph 9 of the Agreement, on September 15, 1994, ninety days after the effective date of the Agreement. The Court will then submit additional reports if necessary. 01-05302 - 2 - This letter and the enclosed Agreement are not intended, and should not be construed, to cover any other issues regarding compliance with title II which may exist and which are not specifically discussed herein. Under the Freedom of Information Act, 5 U.S.C.  522, we may be required to release this letter and other correspondence and records related to this complaint in response to a request from a third party. Should we receive such a request, we will safe- guard, to the extent permitted by the Freedom of Information Act and the Privacy Act, the release of information which could constitute an unwarranted invasion of privacy. We appreciate the cooperation of Court officials during our investigation and settlement negotiations. We especially want to thank you for your helpfulness and interest. If you have any questions concerning this letter, please feel free to call Linda King at (202) 307-2231. Sincerely, (Signature) Merrily A. Friedlander Acting Chief Coordination and Review Section Civil Rights Division Enclosure 01-05303