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File #: 151685    Version:
Type: Resolution Status: Passed
File created: 3/1/2016 In control: COMMON COUNCIL
On agenda: Final action: 3/29/2016
Effective date:    
Title: Substitute resolution relating to a settlement agreement between the City of Milwaukee and the United States Department of Justice pertaining to the Americans with Disabilities Act of 1990.
Sponsors: THE CHAIR
Indexes: MUNICIPAL LIABILITY
Attachments: 1. SA City of Milwaukee PCA (4).pdf, 2. Fiscal Impact Statement re settlement betw COM and US DOJ re ADA_v1.pdf
Number
151685
Version
SUBSTITUTE 1
Reference

Sponsor
THE CHAIR
Title
Substitute resolution relating to a settlement agreement between the City of Milwaukee and the United States Department of Justice pertaining to the Americans with Disabilities Act of 1990.
Analysis
This resolution authorizes the execution of a settlement agreement between the U.S. of America and the City of Milwaukee in response to the U.S. Department of Justice Civil Rights Division’s Disability Rights Section compliance review of the City’s compliance with certain Americans with Disabilities Act of 1990, Title II requirements.

Body
Whereas, The U.S. Department Of Justice (USDOJ) conducted a review of the City of Milwaukee’s compliance with the Americans with Disabilities Act of 1990 (ADA), Title II requirements, including: compliance with new construction and alteration requirements at facilities constructed or altered after January 26, 1992; Police Department policies and procedures for providing effective communication to people who are deaf or hard of hearing; and the City’s obligations to inform persons of their obligations under Title II and resolve complaints of violations of Title II; and

Whereas, The USDOJ identified violations of Title II in its compliance review, and has proposed a settlement agreement in lieu of further investigation and litigation in order to remedy these violations; and

Whereas, The City desires to substantially comply with Title II of the ADA, however, in executing the settlement agreement, does not admit violations of Title II of the ADA; and

Whereas, The proposed settlement agreement proposes the City take remedial action in a variety of areas, including the hiring of an Independent Licensed Architect (ILA) to report the City’s compliance of remedied violations to the USDOJ and identify potential additional violations in facilities not surveyed by the USDOJ, and further actions with regard to the City’s polling places, emergency management...

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