Title
Consider a memorandum/resolution entering into a Settlement Agreement with the United States of America (Department of Justice) under the Americans With Disabilities Act (DJ 204-76-220).
Summary
DATE: June 15, 2021
TO: Kent Cagle, City Manager
FROM: Leslie Hinkle, Executive Director of Community Development
SUBJECT: Settlement Agreement with Department of Justice
BACKGROUND AND FINDINGS:
The Department of Justice (DOJ) Civil Rights Division works with State and local governments to assist in the compliance with Title II of the Americans with Disabilities Act of 1990 (ADA). Title II of the ADA prohibits discrimination against persons with disabilities in program, services, activities, and access to facilities of State and local governments.
The DOJ has an initiative called the Veteran’s Access Initiative. Killeen was selected for review to determine compliance with the ADA because Killeen is adjacent to Fort Hood and the population of service members and veterans who live in or near Killeen. In 2018, the DOJ conducted an onsite review of the City’s facilities, programs, services, policies, and procedures. In 2021, the DOJ presented the findings of that compliance review and is providing the City an opportunity to come into compliance through a negotiated Settlement Agreement for a term of three (3) years.
THE ALTERNATIVES CONSIDERED:
1. Do not enter into the Settlement Agreement with the DOJ.
2. Enter into the Settlement Agreement with the DOJ for a period of three years and actively monitor, report, and comply with all conditions and requirements outlined in the Settlement Agreement.
Which alternative is recommended? Why?
Alternative #2 is recommended to achieve compliance with the ADA and meet the terms of the negotiated Settlement Agreement.
CONFORMITY TO CITY POLICY:
Yes
FINANCIAL IMPACT:
What is the amount of the expenditure in the current fiscal year? For future years?
Future funding has been requested in the Capital Improvement Plan.
Is this a one-time or recurring expenditure?
Recurring, for a minimum of three years
Is this expenditure budgeted?
No
If not, where will the money come from?
Future Capital Improvement Plan
Is there a sufficient amount in the budgeted line-item for this expenditure?
If approved, yes.
RECOMMENDATION:
City Council approve the Settlement Agreement with the United States of America - Department of Justice (DJ 204-76-220) and allow the City Manager, or his designee to be expressly authorized to execute said agreement.
DEPARTMENTAL CLEARANCES:
Legal
ATTACHED SUPPORTING DOCUMENTS:
N/A