HomeMy WebLinkAboutAgenda_ADA_02.10.2016Notice of Meeting for the
Americans with Disabilities Accessibility Advisory Board
and the Governing Body
of the City of Georgetown
February 10, 2016 at 6:00 PM
at 300-1 Industerial Ave, Georgetown, TX 78626
The City of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA).
If you require assistance in participating at a public meeting due to a disability, as defined under the
ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please
contact the City at least four (4) days prior to the scheduled meeting date, at (512) 930-3652 or City
Hall at 113 East 8th Street for additional information; TTY users route through Relay Texas at 711.
Regular Session
(This Regular Session may, at any time, be recessed to convene an Executive Session for any purpose
authorized by the Open Meetings Act, Texas Government Code 551.)
A Call to Order
The Board may, at any time, recess the Regular Session to convene in Executive Session at the
request of the Chair, a Board Member, the City Manager, Assistant City Manager, General
Manager of Utilities, City Council Member, or legal counsel for any purpose authorized by the
Open Meetings Act, Texas Government Code Chapter 551, and are subject to action in the
Regular Session that follows.
B Introduction of Visitors
C Presentation and discussion of Georgetown Police and Fire Departments policies and training as
they relate to serving persons with disabilities.- Lt. Amy Janik, Georgetown Police Department,
Clay Shell, Assistant Fire Chief and Nat Waggoner, PMP®, Transportation Analyst.
D Review work completed under FY 15/16 and discuss with the Board planning for FY17 and
possible updates to the forthcoming ADA Transition Plan. - Eric Nuner, Assistant Parks &
Recreation Director, Nat Waggoner, Transportation Analyst
E Discussion of Effective Communication requirements under Title II and embodiment in City of
Georgetown 2015 Transition Plan.- Nat Waggoner, Transportation Analyst.
F Discussion of March agenda items and Board membership appointments. - Nat Waggoner,
Transportation Analyst
Legislative Regular Agenda
G Review and possible action to approve the minutes from the Regular ADA Board meeting held on
January 13, 2016 – Jana Kern – ADA Board Liaison
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Adjournment
CERTIFICATE OF POSTING
I, Shelley Nowling, City Secretary for the City of Georgetown, Texas, do hereby certify that this
Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general
public at all times, on the ______ day of __________________, 2016, at __________, and remained
so posted for at least 72 continuous hours preceding the scheduled time of said meeting.
____________________________________
Shelley Nowling, City Secretary
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City of Georgetown, Texas
Americans with Disablilities Accessibility Advisory Board
February 10, 2016
SUBJECT:
Presentation and discussion of Georgetown Police and Fire Departments policies and training as
they relate to serving persons with disabilities.- Lt. Amy Janik, Georgetown Police Department,
Clay Shell, Assistant Fire Chief and Nat Waggoner, PMP®, Transportation Analyst.
ITEM SUMMARY:
During the December 2015 ADA Advisory Board meeting, the Board established a work plan for
the review and update of the Transition Plan. During the month of February, the Board will review
Emergency Management and 9-1-1 Emergency Communications Services under Title II and the
City’s policies and procedures as described in the adopted Transition Plan. Lt. Janik and Asst.
Chief Clay Shell will provide the Board with a general understanding of each Department's
existing and future policies and procedures.
STAFF RECOMMENDATION:
Results of the February discussion will be included in the FY 16 revisions to the City’s Transition
Plan.
FINANCIAL IMPACT:
n/a
SUBMITTED BY:
Nat Waggoner, PMP®
ATTACHMENTS:
Description Type
City of Georgetown Transition Plan (Public Safety) Exhibit
Commonly Asked Questions of Law Enforcement Backup Material
Communication with People with Disabilities- Recommendations
for Law Enforcement
Backup Material
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City of Georgetown, Texas
2015 ADA Transition Plan
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Facilities - Public Buildings and Parking Lots
Georgetown Inspection Services ensures accessibility compliance of all new construction,
remodels, renovations and alterations of public buildings and public parking areas.
Georgetown Inspection Services is committed to maintaining public buildings and public
parking for ADA compliance and to investigate and act on opportunities to improve access to
public facilities on all Capital Improvement Projects.
Facilities - Parks, Recreation Facilities and Programs
Georgetown Parks and Recreation is committed to providing access to recreational areas and
programs for individuals with disabilities. The Parks and Recreation Department’s Capital
Improvement Plan identifies park renovation projects to provide ADA compliance.
Additionally, the City will ensure facilities are in compliance as they are altered or replaced.
Georgetown Parks and Recreation operates programs and activities when viewed in their
entirety are accessible and usable to individuals with disabilities. The City achieves this through
redesign of equipment, reassignment of programs to accessible sites, alteration of existing
facilities and construction of new facilities. The City shall give priority to methods that provide
the most integrated setting for individuals with disabilities.
3.2 Public Safety
Access to 9-1-1 Services
The City of Georgetown provides direct access via TTY (text telephone) or computer-to-
telephone emergency services, including 9-1-1 services for persons who use TTY’s and personal
computers.
Emergency Management
The City of Georgetown Emergency Management works with Williamson County to develop,
maintain and facilitate the all- hazard Emergency Operations Plan as required by Local, State
and Federal statutes and laws. During all emergency planning (Mitigation, Planning, Response,
Recover y) the City is committed to be in compliance with the ADA requirements as outlined in
Title II Chapter 7 of the ADA. The Office of Emergency Management ensures that all parties
with responsibilities under the Georgetown Emergency Operation Plan (EOP) are aware of
ADA requirements and that all programs, documentation, and third party agreements are also
in compliance with ADA through the review of the EOP every five (5) years. Annually
Georgetown Emergency Management reviews individual select appendices of the Plan for ADA
compliance. The Office of Emergency Management utilizes Federal, State, Regional, County,
and Local resources to educate, to provide emergency warning and notifications, and to keep
informed those persons with disabilities within the City. These systems were developed and
continue to be modified after numerous disasters throughout the country and the lessons
learned. Georgetown relies on both voluntary registration and multi prong methods as listed:
(EAS) Emergency Alert System (Federal)
Relay Texas (State)
Outdoor Warning Sirens (Local)
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U.S. Department of Justice
Civil Rights Division
Disability Rights Section
COMMONLY ASKED QUESTIONS
ABOUT THE AMERICANS WITH DISABILITIES ACT
AND LAW ENFORCEMENT
I. Introduction
Police officers, sheriff's deputies, and other law enforcement personnel have always interacted with persons with
disabilities and, for many officers and deputies, the Americans with Disabilities Act (ADA) may mean few changes in
the way they respond to the public. To respond to questions that may arise, this document offers common sense
suggestions to assist law enforcement agencies in complying with the ADA. The examples presented are drawn from
real-life situations as described by police officers or encountered by the Department of Justice in its enforcement of the
ADA.
1. Q: What is the ADA?
A: The Americans with Disabilities Act (ADA) is a Federal civil rights law. It gives Federal civil rights
protections to individuals with disabilities similar to those provided to individuals on the basis of race,
color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities
in State and local government services, public accommodations, employment, transportation, and
telecommunications.
2. Q: How does the ADA affect my law enforcement duties?
A: Title II of the ADA prohibits discrimination against people with disabilities in State and local
governments services, programs, and employment. Law enforcement agencies are covered because they are
programs of State or local governments, regardless of whether they receive Federal grants or other Federal
funds. The ADA affects virtually everything that officers and deputies do, for example:
receiving citizen complaints;
interrogating witnesses;
arresting, booking, and holding suspects;
operating telephone (911) emergency centers;
providing emergency medical services;
enforcing laws;
and other duties.
3. Q: Who does the ADA protect?
A: The ADA covers a wide range of individuals with disabilities. An individual is considered to have a
"disability" if he or she has a physical or mental impairment that substantially limits one or more major life
activities, has a record of such an impairment, or is regarded as having such an impairment.
Major life activities include such things as caring for one's self, performing manual tasks, walking, seeing,
hearing, speaking, breathing, learning, and working. To be substantially limited means that such activities
are restricted in the manner, condition, or duration in which they are performed in comparison with most
people.
The ADA also protects people who are discriminated against because of their association with a
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person with a disability.
Example: Police receive a call from a woman who complains that someone has broken into her residence.
The police department keeps a list of dwellings where people with AIDS are known to reside. The woman's
residence is on the list because her son has AIDS. Police fail to respond to her call, because they fear
catching the HIV virus. The officers have discriminated against the woman on the basis of her association
with an individual who has AIDS.
4. Q: What about someone who uses illegal drugs?
A: Nothing in the ADA prevents officers and deputies from enforcing criminal laws relating to an
individuals current use or possession of illegal drugs.
II. Interacting with People with Disabilities
5. Q: What are some common problems that people with disabilities have with law enforcement?
A: Unexpected actions taken by some individuals with disabilities may be misconstrued by officers or
deputies as suspicious or illegal activity or uncooperative behavior.
Example: An officer approaches a vehicle and asks the driver to step out of the car. The driver, who has a
mobility disability, reaches behind the seat to retrieve her assistive device for walking. This appears
suspicious to the officer.
Individuals who are deaf or hard of hearing, or who have speech disabilities or mental retardation, or
who are blind or visually impaired may not recognize or be able to respond to police directions.
These individuals may erroneously be perceived as uncooperative.
Example: An officer yells "freeze" to an individual who is running from an area in which a crime has been
reported. The individual, who is deaf, cannot hear the officer and continues to run. The officer mistakenly
believes that the individual is fleeing from the scene. Similarly, ordering a suspect who is visually impaired
to get over "there" is likely to lead to confusion and misunderstanding, because the suspect may have no
idea where the officer is pointing.
Some people with disabilities may have a staggering gait or slurred speech related to their disabilities
or the medications they take. These characteristics, which can be associated with neurological
disabilities, mental/emotional disturbance, or hypoglycemia, may be misperceived as intoxication.
Example: An officer observes a vehicle with one working headlight and pulls the vehicle over. When the
driver hands the registration to the officer, the officer notices that the driver's hand is trembling and her
speech is slurred. The officer concludes that the individual is under the influence of alcohol, when in fact
the symptoms are caused by a neurological disability.
Example: A call comes in from a local restaurant that a customer is causing a disturbance. When the
responding officer arrives at the scene, she discovers a 25-year-old man swaying on his feet and grimacing.
He has pulled the table cloth from the table. The officer believes that the man has had too much to drink
and is behaving aggressively, when in fact he is having a seizure.
What can be done to avoid these situations?
Training, sensitivity, and awareness will help to ensure equitable treatment of individuals with disabilities
as well as effective law enforcement. For example:
When approaching a car with visible signs that a person with a disability may be driving (such as a
designated license plate or a hand control) , the police officer should be aware that the driver may
reach for a mobility device.
Using hand signals, or calling to people in a crowd to signal for a person to stop, may be effective
ways for an officer to get the attention of a deaf individual.
When speaking, enunciate clearly and slowly to ensure that the individual understands what is being
said.
Finally, typical tests for intoxication, such as walking a straight line, will be ineffective for
individuals whose disabilities cause unsteady gait. Other tests, like breathalyzers, will provide more
accurate results and reduce the possibility of false arrest.
6. Q: What if someone is demonstrating threatening behavior because of his or her disability?
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A: Police officers may, of course, respond appropriately to real threats to health or safety, even if an
individuals actions are a result of her or his disability. But it is important that police officers are trained to
distinguish behaviors that pose a real risk from behaviors that do not, and to recognize when an individual,
such as someone who is having a seizure or exhibiting signs of psychotic crisis, needs medical attention. It
is also important that behaviors resulting from a disability not be criminalized where no crime has been
committed. Avoid these scenarios:
A store owner calls to report that an apparently homeless person has been in front of the store for an
hour, and customers are complaining that he appears to be talking to himself. The individual, who
has mental illness, is violating no loitering or panhandling laws. Officers arriving on the scene arrest
him even though he is violating no laws.
Police receive a call in the middle of the night about a teenager with mental illness who is beyond the
control of her parents. All attempts to get services for the teenager at that hour fail, so the responding
officer arrests her until he can get her into treatment. She ends up with a record, even though she
committed no offense.
7. Q: What procedures should law enforcement officers follow to arrest and transport a person who
uses a wheelchair?
A: Standard transport practices may be dangerous for many people with mobility disabilities. Officers
should use caution not to harm an individual or damage his or her wheelchair. The best approach is to ask
the person what type of transportation he or she can use, and how to lift or assist him or her in transferring
into and out of the vehicle.
Example: An individual with a disability is removed from his wheelchair and placed on a bench in a paddy
wagon. He is precariously strapped to the bench with his own belt. When the vehicle begins to move, he
falls off of the bench and is thrown to the floor of the vehicle where he remains until arriving at the station.
Some individuals who use assistive devices like crutches, braces, or even manual wheelchairs might
be safely transported in patrol cars.
Safe transport of other individuals who use manual or power wheelchairs might require departments
to make minor modifications to existing cars or vans, or to use lift-equipped vans or buses. Police
departments may consider other community resources, e.g., accessible taxi services.
8. Q: What steps should officers follow to communicate effectively with an individual who is blind or
visually impaired?
A: It is important for officers to identify themselves and to state clearly and completely any directions or
instructions -- including any information that is posted viually. Officers must read out loud in full any
documents that a person who is blind or visually impaired needs to sign. Before taking photos or
fingerprints, it is a good idea to describe the procedures in advance so that the individual will know what to
expect.
9. Q: Do police personnel need to take special precautions when providing emergency medical
services to someone who has HIV or AIDS?
A: Persons with HIV or AIDS should be treated just like any other person requiring medical attention. In
fact, emergency medical service providers are required routinely to treat all persons as if they are infectious
for HIV, Hepatitis B, or other bloodborne pathogens, by practicing universal precautions. Many people do
not know that they are infected with a bloodborne pathogen, and there are special privacy considerations
that may cause those who know they are infected not to disclose their infectious status.
Universal precautions for emergency service providers include the wearing of gloves, a mask, and
protective eyewear, and, where appropriate, the proper disinfection or disposal of contaminated
medical equipment. Protective barriers like gloves should be used whenever service providers are
exposed to blood.
Example: Police are called to a shopping mall to assist a teenager who has cut his hand and is bleeding
profusely. As long as the attending officers wear protective gloves, they will not be at risk of acquiring
HIV, Hepatitis B, or any other bloodborne pathogen, while treating the teenager.
Refusing to provide medical assistance to a person because he or she has, or is suspected of having,
HIV or AIDS is discrimination.
Example: Police are called to a shopping mall, where an individual is lying on the ground with chest pains.
The responding officer asks the individual whether she is currently taking any medications. She responds
that she is taking AZT, a medication commonly prescribed for individuals who are HIV-positive or have
AIDS. The officer announces to his colleagues that the individual has AIDS and refuses to provide care.
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This refusal violates the ADA.
III. Effective Communication
10. Q: Do police departments have to arrange for a sign language interpreter every time an officer
interacts with a person who is deaf?
A: No. Police officers are required by the ADA to ensure effective communication with individuals who
are deaf or hard of hearing. Whether a qualified sign language interpreter or other communication aid is
required will depend on the nature of the communication and the needs of the requesting individual. For
example, some people who are deaf do not use sign language for communication and may need to use a
different communication aid or rely on lipreading. In one-on-one communication with an individual who
lipreads, an officer should face the individual directly, and should ensure that the communication takes
place in a well-lighted area.
Examples of other communication aids, called "auxiliary aids and services" in the ADA, that assist
people who are deaf or hard of hearing include the exchange of written notes, telecommunications
devices for the deaf (TDD's) (also called text telephones (TT's) or teletypewriters (TTY's)), telephone
handset amplifiers, assistive listening systems, and videotext displays.
The ADA requires that the expressed choice of the individual with the disability, who is in the best
position to know her or his needs, should be given primary consideration in determining which
communication aid to provide. The ultimate decision is made by the police department. The
department should honor the individuals choice unless it can demonstrate that another effective
method of communication exists.
Police officers should generally not rely on family members, who are frequently emotionally
involved, to provide sign language interpreting.
Example: A deaf mother calls police to report a crime in which her hearing child was abused by the child's
father. Because it is not in the best interests of the mother or the child for the child to hear all of the details
of a very sensitive, emotional situation, the mother specifically requests that the police officers procure a
qualified sign language interpreter to facilitate taking the report. Officers ignore her request and do not
secure the services of an interpreter. They instead communicate with the hearing child, who then signs to
the mother. The police department in this example has violated the ADA because it ignored the mothers
request an inappropriately relied on a family member to interpret.
In some limited circumstances a family member may be relied upon to interpret.
Example: A family member may interpret in an emergency, when the safety or welfare of the public or the
person with the disability is of paramount importance. For example, emergency personnel responding to a
car accident may need to rely on a family member to interpret in order to evaluate the physical condition of
an individual who is deaf. Likewise, it may be appropriate to rely on a family member to interpret when a
deaf individual has been robbed and an officer in hot pursuit needs information about the suspect.
Example: A family member may interpret for the sake of convenience in circumstances where an
interpreter is not required by the ADA, such as in situations where exchanging written notes would be
effective. For example, it would be appropriate to rely on a passenger who is a family member to interpret
when an individual who is deaf is asking an officer for traffic directions, or is stopped for a traffic violation.
11. Q: If the person uses sign language, what kinds of communication will require an interpreter?
A: The length, importance, or complexity of the communication will help determine whether an interpreter
is necessary for effective communication.
In a simple encounter, such as checking a driver's license or giving street directions, a notepad and
pencil normally will be sufficient.
During interrogations and arrests, a sign language interpreter will often be necessary to effectively
communicate with an individual who uses sign language.
If the legality of a conversation will be questioned in court, such as where Miranda warnings are
issued, a sign language interpreter may be necessary. Police officers should be careful about
miscommunication 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 consentor 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
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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 written notes with the individual and points to information on
the citation. In this case, 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, but the officer has probable cause to make a felony arrest
without an interrogation. In this case, an interpreter is not necessary to carry out the arrest.
12. Q: Do I 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?
A: 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.
13. Q: When a sign language interpreter is needed, where do I find one?
A: Your department should have one or more interpreters available on call. This is generally accomplished
through a contract with a sign language interpreter service. Communicating through sign language will not
be effective unless the interpreter is familiar with the vocabulary and terminology of law enforcement, so
your department should ensure that the interpreters it uses are familiar with law enforcement terms.
14. Q: Is there any legal limit to how much my department must spend on communication aids like
interpreters?
A: Yes. Your department is not required to take any step that would impose undue financial and
administrative burdens. The "undue burden" standard is a high one. For example, whether an action would
be an undue financial burden is determined by considering all of the resources available to the department.
If providing a particular auxiliary aid or service would impose an undue burden, the department must seek
alternatives that ensure effective communication to the maximum extent feasible.
15. Q: When would an officer use an assistive listening device as a communication aid?
A: Assistive listening systems and devices receive and amplify sound and are used for communicating in a
group setting with individuals who are hard of hearing.
At headquarters or a precinct building, if two or more officers are interrogating a witness who is hard
of hearing, or in meetings that include an individual who is hard of hearing, an assistive listening
device may be needed.
16. Q: What is a TDD and does every police station have to have one?
A: A telecommunications device for the deaf (TDD) is a device used by individuals with hearing or speech
disabilities to communicate on the telephone. A TDD is a keyboard with a display for receiving typed text
that can be attached to a telephone. The TDD user types a message that is received by another TDD at the
other end of the line.
Arrestees who are deaf or hard of hearing, or who have speech disabilities, may require a TDD for
making outgoing calls. TDD's must be available to inmates with disabilities under the same terms
and conditions as telephone privileges are offered to all inmates, and information indicating the
availability of the TDD should be provided.
TDDs typically cost $200-300 each and can be used with a standard telephone. It is unlikely that the
cost of purchasing a TDD will be prohibitive. Still, a small department with limited resources could
arrange to share a TDD with a local courthouse or other entity, so long as the TDD is immediately
available as needed.
17. Q. What about "911" calls? How are those made accessible to people with speech or hearing
disabilities?
A: Individuals with hearing and speech disabilities must have direct access to "911" or similar emergency
telephone services, meaning that emergency response centers must be equipped to receive calls from TDD
and computer modem users without relying on third parties or state relay services. It is important that
operators are trained to use the TDD when the caller is silent, and not only when the operator recognizes
the tones of a TDD at the other end of the line. For additional information, please refer to the Department
of Justices publication, Commonly Asked Questions Regarding Telephone Emergency Services. For
information about how to obtain this and other publications, see the resources section at the end of this
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document.
18. Q: Procedures at my office require citizens to fill out forms when reporting crimes. What if the
person has a vision disability, a learning disability, mental retardation or some other disability that
may prevent the person from filling out a form?
A: The simplest solution is to have an officer or clerk assist the person in reading and filling out the form.
Police officers have probably been doing this for years. The form itself could also be provided in an
alternative format. Providing a copy of the form in large print (which is usually as simple as using a copy
machine or computer to increase type size) will make the form accessible to many individuals with
moderate vision disabilities.
IV. Architectural Access
19. Q: Does the ADA require all police stations to be accessible to people with disabilities?
A: No. Individuals with disabilities must have equal access to law enforcement services, but the ADA is
flexible in how to achieve that goal. The ADA requires programs to be accessible to individuals with
disabilities, not necessarily each and every facility. Often, structural alterations to an existing police station
or sheriffs office will be necessary to create effective access. In some situations, however, it may be as
effective to use alternative methods, such as relocating a service to an accessible building, or providing an
officer who goes directly to the individual with the disability. Whatever approach to achieving "program
access" is taken, training of officers and deputies, well-developed policies, and clear public notice of the
approach will be critical to ensuring successful ADA compliance.
Example: A police station in a small town is inaccessible to individuals with mobility disabilities. The
department decides that it cannot alter all areas of the station because of insufficient funds. It decides to
alter the lobby and restrooms so that the areas the public uses -- for filling out crime reports, obtaining
copies of investigative reports for insurance purposes, or seeking referrals to shelter care -- are accessible.
Arrangements are made to conduct victim and witness interviews with individuals with disabilities in a
private conference room in the local library or other government building, and to use a neighboring
department's accessible lock-up for detaining suspects with disabilities. These measures are consistent with
the ADA's program accessibility requirements.
Example: An individual who uses a wheelchair calls to report a crime, and is told that the police station is
inaccessible, but that the police department has a policy whereby a police officer will meet individuals with
disabilities in the parking lot. The individual arrives at the parking lot, waits there for three hours, becomes
frustrated, and leaves. By neglecting to adequately train officers about its policy, the police department has
failed in its obligation to provide equal access to police services, and has lost valuable information
necessary for effective law enforcement.
20. Q: What about holding cells and jails that are not accessible?
A: An arrestee with a mobility disability must have access to the toilet facilities and other amenities
provided at the lock-up or jail. A law enforcement agency must make structural changes, if necessary, or
arrange to use a nearby accessible facility.
Structural changes can be undertaken in a manner that ensures officer safety and general security. For
example, grab bars in accessible restrooms can be secured so that they are not removable.
If meeting and/or interrogation rooms are provided, those areas should also be accessible for use by
arrestees, family members, or legal counsel who have mobility disabilities.
21. Q: Is there a limit to the amount of money my agency must spend to alter an existing police
facility?
A: Yes. It is the same legal standard of "undue burden" discussed earlier with regard to the provision of
communication aids. Your agency is not required to undertake alterations that would impose undue
financial and administrative burdens. If an alteration would impose an "undue burden", the agency must
chose an alternative that ensures access to its programs and services.
22. Q. We are building a new prison. Do we need to make it accessible?
A: Yes. All new buildings must be made fully accessible to, and usable by, individuals with disabilities.
The ADA provides architectural standards that specify what must be done to create access.
Either the Uniform Federal Accessibility Standards (UFAS) or the ADA Standards for Accessible
Design (without the elevator exemption) (ADA Standards) may be used. UFAS has specific scoping
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requirements for prisons that require, among other things, that 5% of all cells be made accessible to
individuals with mobility disabilities.
Unlike modifications of existing facilities, there is no undue burden limitation for new construction.
In addition, if an agency alters an existing facility for any reason -- including reasons unrelated to
accessibility -- the altered areas must be made accessible to individuals with disabilities.
V. Modifications of Policies, Practices, and Procedures
23. Q: What types of modifications in law enforcement policies, practices, and procedures does the
ADA require?
A: The ADA requires law enforcement agencies to make reasonable modifications in their policies,
practices, and procedures that are necessary to ensure accessibility for individuals with disabilities, unless
making such modifications would fundamentally alter the program or service involved. There are many
ways in which a police or sheriffs department might need to modify its normal practices to accommodate a
person with a disability.
Example: A department modifies a rule that prisoners or detainees are not permitted to have food in their
cells excet at scheduled intervals, in order to accommodate an individual with diabetes who uses
medication and needs access to carbohydrates or sugar to keep blood sugar at an appropriate level.
Example: A department modifies its enforcement of a law requiring a license to use motorized vehicles on
the streets, in order to accommodate individuals who use scooters or motorized wheelchairs. Such
individuals are pedestrians, but may need to use streets where curb cuts are unavailable.
Example: A department modifies its regular practice of handcuffing arrestees behind their backs, and
instead handcuffs deaf individuals in front in order for the person to sign or write notes.
Example: A department modifies its practice of confiscating medications for the period of confinement, in
order to permit inmates who have disabilities that require self-medication, such as cardiac conditions or
epilepsy, to self-administer medications that do not have abuse potential.
Example: A department modifies the procedures for giving Miranda warnings when arresting an individual
who has mental retardation. Law enforcement personnel use simple words and ask the individual to repeat
each phrase of the warnings in her or his own words. The personnel also check for understanding, by
asking the individual such questions as what a lawyer is and how a lawyer might help the individual, or
asking the individual for an example of what a right is. Using simple language or pictures and symbols,
speaking slowly and clearly, and asking concrete questions, are all ways to communicate with individuals
who have mental retardation.
Informal practices may also need to be modified. Sometimes, because of the demand for police
services, third party calls are treated less seriously. Police officers should keep in mind that calling
through a third party may be the only option for individuals with certain types of disabilities.
VI. Resources
24. Q: It sounds like awareness and training are critical for effective interaction with individuals
with disabilities. How can I find out more about the needs of my local disability community?
A: State and local government entities were required, by January 26, 1993, to conduct a "self-evaluation"
reviewing their current services, policies, and practices for compliance with the ADA. Entities employing
50 or more persons were also to develop a "transition plan" identifying structural changes that needed to be
made. As part of that process, the ADA encouraged entities to involve individuals with disabilities from
their local communities. Continuing this process will promote access solutions that are reasonable and
effective. Even though the deadlines for the self-evaluation, transition plan, and completion of structural
changes have passed, compliance with the ADA is an ongoing obligation.
25. Q: Where can I turn for answers to other questions about the ADA?
A: The Department of Justice's toll-free ADA Information Line answers questions and offers free
publications about the ADA. The telephone numbers are: 800-514-0301 (voice) or 800-514-0383 (TTY).
Publications are also available from the ADA Website www.ada.gov.
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Note: Reproduction of this document is encouraged.
Last Revised April 4, 2006
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Your agency has adopted a specific policy
regarding communicating with people who
are deaf or hard of hearing. It is important
to become familiar with this policy.
Requirements
for Effective Communication
The ADA requires that . . .
• Law enforcement agencies must
provide the communication aids and
services needed to communicate
effectively with people who are deaf or
hard of hearing, except when a
particular aid or service would result in
an undue burden or a fundamental
change in the nature of the law
enforcement services being provided.
• Agencies must give primary
consideration to providing the aid or
service requested by the person with
the hearing disability.
• Agencies cannot charge the person for
the communication aids or services
provided.
• Agencies do not have to provide
personally prescribed devices such as
hearing aids.
• When interpreters are needed, agencies
must provide interpreters who can
interpret effectively, accurately, and
impartially.
• Only the head of the agency or his or
her designee can make the
determination that a particular aid or
service would cause an undue burden
or a fundamental change in the nature
of the law enforcement services being
provided.
Your agency’s policy explains how to obtain
interpreters or other communication aids
and services when needed.
Officers may find a variety of
communication aids and services useful
in different situations.
• Speech supplemented by gestures and
visual aids can be used in some cases.
• A pad and pencil, a word processor, or a
typewriter can be used to exchange
written notes.
• A teletypewriter (TTY, also known as a
TDD) can be used to exchange written
messages over the telephone.
• An assistive listening system or device
to amplify sound can be used when
speaking with a person who is hard of
hearing.
• A sign language interpreter can be used
when speaking with a person who
knows sign language.
• An oral interpreter can be used when
speaking with a person who has been
trained to speech read (read lips).
Note: Do not assume that speech
reading will be effective in most
situations. On average, only about one
third of spoken words can be
understood by speech reading.
The type of situation, as well as the
individual’s abilities, will determine which
aid or service is needed to communicate
effectively.
Communicating with People
Who are Deaf or Hard of Hearing • Before speaking, get the person’s
attention with a wave of the hand or
a gentle tap on the shoulder.
• Face the person and do not turn
away while speaking.
• Try to converse in a well-lit area.
• Do not cover your mouth or chew
gum.
• If a person is wearing a hearing aid,
do not assume the individual can
hear you.
• Minimize background noise and
other distractions whenever
possible.
• When you are communicating
orally, speak slowly and distinctly.
Use gestures and facial expressions
to reinforce what you are saying.
• Use visual aids when possible, such
as pointing to printed information
on a citation or other document.
• Remember that only about one third
of spoken words can be understood
by speech reading.
• When communicating by writing
notes, keep in mind that some
individuals who use sign language
may lack good English reading and
writing skills.
• If someone with a hearing disability
cannot understand you, write a note
to ask him or her what commun-
ication aid or service is needed.
• If a sign language interpreter is
requested, be sure to ask which
language the person uses.
American Sign Language (ASL) and
Signed English are the most
common.
• When you are interviewing a
witness or a suspect or engaging in
any complex conversation with a
person whose primary language is
sign language, a qualified
interpreter is usually needed to
ensure effective communication.
• When using an interpreter, look at
and speak directly to the deaf
person, not to the interpreter.
• Talk at your normal rate, or slightly
slower if you normally speak very
fast.
• Only one person should speak at a
time.
• Use short sentences and simple
words.
• Do not use family members or
children as interpreters. They may
lack the vocabulary or the
impartiality needed to interpret
effectively.
Practical Suggestions for Communicating Effectively
Page 13 of 34
U.S. Department of Justice
Civil Rights Division
Disability Rights Section
Communicating with People
Who Are Deaf or Hard of Hearing
ADA Guide for Law Enforcement Officers
As a law enforcement officer, you can
expect to come into contact with people
who are deaf or hard of hearing. It is
estimated that up to nine percent of the
population has some degree of hearing
loss, and this
percentage will
increase as the
population
ages.
Under the Americans with Disabilities Act
(ADA), people who are deaf or hard of
hearing are entitled to the same services
law enforcement provides to anyone else.
They may not be excluded or segregated
from services, be denied services, or
otherwise be treated differently than other
people. Law enforcement agencies must
make efforts to ensure that their personnel
communicate effectively with people whose
disability affects hearing. This applies to
both sworn and civilian personnel.
A driver who is deaf writes on a pad of paper
to communicate with an officer.
What Situations Require an Interpreter?
Generally, interpreter services are not
required for simple transactions – such as
checking a license or giving directions to a
location – or for urgent situations – such
as responding to a violent crime in
progress.
Example: An officer clocks a car on the
highway going 15 miles per hour
above the speed limit. The driver, who
is deaf, is pulled over and is issued a
noncriminal citation. The individual is
able to understand the reason for the
citation because the officer points out
relevant information printed on the
citation or written by the officer.
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.
However, an interpreter may be needed in
lengthy or complex transactions – such as
interviewing a victim, witness, suspect, or
arrestee – if the person being interviewed
normally relies on sign language or
speech reading to understand what others
are saying.
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
is deaf. The officer begins
questioning her by writing notes,
but her response indicates a lack of
comprehension. She requests a
sign language interpreter. In this
situation 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 later at the booking
station.
It is inappropriate to ask a family
member or companion to interpret in a
situation like this because emotional
ties may interfere with the ability to
interpret impartially.
Example: An officer responds to the
scene of a car accident where a man
has been seriously injured. The man
is conscious, but is unable to
comprehend the officer’s questions
because he is deaf. A family
member who is present begins
interpreting what the officer is
saying.
A family member or companion may be
used to interpret in a case like this,
where the parties are willing, the need
for information is urgent, and the
questions are basic and uncomplicated.
However, in general, do not expect or
demand that a deaf person provide his
or her own interpreter. As a rule, when
interpreter service is needed, it must be
provided by the agency.
List your agency’s contact information for
obtaining an interpreter, an assistive
listening device, or other communication
aid or service here.
For further information on the Americans
with Disabilities Act contact:
ADA Website
www.ada.gov
ADA Information Line
800-514-0301 (voice)
800-514-0383 (TTY)
This pamphlet was developed by the U.S.
Department of Justice for law enforcement
personnel. Reproduction is encouraged.
January 2006
Page 14 of 34
City of Georgetown, Texas
Americans with Disablilities Accessibility Advisory Board
February 10, 2016
SUBJECT:
Review work completed under FY 15/16 and discuss with the Board planning for FY17 and
possible updates to the forthcoming ADA Transition Plan. - Eric Nuner, Assistant Parks &
Recreation Director, Nat Waggoner, Transportation Analyst
ITEM SUMMARY:
During the December 2015 ADA Advisory Board meeting, the Board established a work plan for
the review and update of the Transition Plan. During the month of February, the Board will review
facility and programming access requirements under Title II and the City’s policies and procedures
as described in the adopted Transition Plan. Eric Nuner provide an update to work completed and
planning considerations for for FY17.
STAFF RECOMMENDATION:
Results of the February discussion will be included in the FY 16 revisions to the City’s Transition
Plan.
FINANCIAL IMPACT:
n/a
SUBMITTED BY:
Nat Waggoner, PMP®
ATTACHMENTS:
Description Type
FY 2015 Transition Plan Parks CIP Element Exhibit
Page 15 of 34
City of Georgetown
2015 ADA Transition Plan
Page 17 of 23
Appendix C
Capital Improvements Planned Parks, FY 14- 18
Priority List
Total Notes
1 McMaster $ 114,169
2 Village Pool $ 106,573
3 Emerald Springs $ 36,537
4 Booty's Road $ 33,937
5 San Gabriel River Trail $ 497,289
6 San Gabriel Park Trail $ 71,555
7 Rivery $ 38,984
8 Bark $ 43,413
9 Kelley $ 35,818
10 Meadows $ 9,466
11 Woodlake $ 25,552
12 University $ 8,155
13 Raintree $ 8,635
14 Bedford $ 4,592
15 Summercrest $ 13,751
16 Windridge $ 22,546
17 Pinnacle $ 20,147
18 Berry Creek $ 22,466
19 Chandler $ 16,630
20 Edwards $ 8,954
21 Old Town $ 1,919
22 Geneva $ 2,079
23 Katy Crossing $ 3,518
24 Blue Hole $ 48,322
25 Skate Park $ 6,476
$ 1,201,482
Current Year
Total Notes
1 McMaster $ 114,169
2 Village Pool $ 106,573
3 Emerald Springs $ 36,537
Total Current $ 257,279
Page 16 of 34
City of Georgetown
2015 ADA Transition Plan
Page 18 of 23
YEAR ONE PROPOSED -
15/16
ADA Parks Plan
Total Notes
4 Booty's Road $ 33,937
5 San Gabriel River Trail $ 116,063
Total 2015/16 $ 150,000
YEAR TWO PROPOSED -
2016/17
Total Notes
5 San Gabriel River Trail $ 150,000
Total 2016/17 $ 150,000
YEAR THREE PROPOSED -
2017/18
Total Notes
5 San Gabriel River Trail $ 150,000
Total 2017/18 $ 150,000
YEAR FOUR PROPOSED -
2018/19
Total Notes
5 San Gabriel River Trail $ 81,220
6 San Gabriel Park Trail $ 71,555
Total 2018/19 $ 152,775
YEAR FIVE PROPOSED -
2019/20
Total Notes
7 Rivery $ 38,984
8 Bark $ 43,413
9 Kelley $ 35,818
10 Meadows $ 9,466
11 Woodlake $ 25,552
Total 2019/20 $ 153,232
YEAR SIX PROPOSED -
2020/21
Total Notes
12 University $ 8,155
Page 17 of 34
City of Georgetown
2015 ADA Transition Plan
Page 19 of 23
13 Raintree $ 8,635
14 Bedford $ 4,592
15 Summercrest $ 13,751
16 Windridge $ 22,546
17 Pinnacle $ 20,147
18 Berry Creek $ 22,466
19 Chandler $ 16,630
20 Edwards $ 8,954
21 Old Town $ 1,919
22 Geneva $ 2,079
23 Katy Crossing $ 3,518
Total 2020/21 $ 133,392
YEAR SEVEN PROPOSED -
2021/22
Total Notes
24 Blue Hole $ 48,322
25 Skate Park $ 6,476
Total 2021/22 $ 54,798
Page 18 of 34
City of Georgetown, Texas
Americans with Disablilities Accessibility Advisory Board
February 10, 2016
SUBJECT:
Discussion of Effective Communication requirements under Title II and embodiment in City of
Georgetown 2015 Transition Plan.- Nat Waggoner, Transportation Analyst.
ITEM SUMMARY:
During the December 2015 ADA Advisory Board meeting, the Board established a work plan for
the review and update of the Transition Plan. During the month of February, the Board will review
findings and recommend changes to the City’s policies and procedures as described in the adopted
Transition Plan.
STAFF RECOMMENDATION:
Results of the February discussion will be included in the FY 16 revisions to the City’s Transition
Plan.
FINANCIAL IMPACT:
n/a
SUBMITTED BY:
Nat Waggoner, PMP®
ATTACHMENTS:
Description Type
City of Georgetown Transition Plan (Effective Communication)) Exhibit
DOJ Effective Communication Primer Backup Material
Page 19 of 34
City of Georgetown, Texas
2015 ADA Transition Plan
Page 9 of 23
3.3 Effective Communication
The City of Georgetown works to ensure that all communication is as effective as possible to all
audiences. To accomplish this, the City strives to use communication methods proven to be
openly accessible, and , upon request, provide appropriate aids and services leading to effective
communication for persons with disabilities so they may participate equally in the City's
programs, services, and activities. The City uses its website, social media, and other
communication tools to increase outreach and reduce barriers to accessing City services and
information. Below are some of the ways that online services are providing access to City
information and services.
City Council Meetings: In 2009, the City began streaming City Council meetings live on
Georgetown.org and GTV channel 10. City Council meetings are replayed on GTV at set days
and times and are available at any time for replay on Georgetown.org using a computer or
mobile device. Additionally, the City Council Chambers is equipped with a hearing loop
system. All members of the public who use a hearing aid are able to switch to a channel that
will pick up the audio being transmitted through the PA system. He or she can pick up the
sounds spoken into the PA system’s microphone instead of the hearing aid’s internal
microphone. This results in improved speech understanding because the listener receives a clear
signal without any background noise. If a member of the general public require s other
assistance in attending a City Council meeting or any other public meeting, he or she may
contact the City Secretary’s office at least four days prior to the meeting date so that
accommodations can be made.
Online Payments: City utility bills, municipal court tickets, some permits, and some kinds of
event tickets can be paid online via Georgetown.org.
City Records: Agendas and minutes for City Council meetings and boards & commissions
meetings are available at Georgetown.org. Many other records such as current and past city
ordinances and the local unified development code are also available through the City website.
The City records archival system utilizes a technology called Optical Character Recognition
(OCR) which is able to extract text out of graphic files which makes more City documents open
to the visually impaired and easier to locate through search engines.
City News and Information: City news releases and City project information is posted to
Georgetown.org and to City Facebook sites such as www.facebook.com/CityofGeorgetown and
www.facebook.com/LivePlayGeorgetown. The City uses other communication tools such as the
weekly email newsletter and monthly City Reporter newsletter in the utility bill as well as
monthly ads in the Williamson County Sun to provide information on City news and initiatives.
Postcards mailed to customers are used for certain messages such as water restrictions or
information about City elections.
Page 20 of 34
City of Georgetown, Texas
2015 ADA Transition Plan
Page 10 of 23
Video: The City provides some messages and information via the City YouTube channel and on
GTV channel 10 and on Georgetown.org. The Public Communications Department seeks to
expand video programming in order to increase exposure to City information and programs.
Website Accessibility: In designing websites for City departments, the Public Communications
Department has avoided using technologies and formatting that are not ADA
compliant/friendly.
Webpage: The City has created an ADA page on the City’s website located at
ada.georgetown.org.
Through all of these means, the City provides outreach to the community in a variety of ways
for those who may have mobility impairments or difficulty in using certain kinds of electronic
or print media.
Future Communication Projects
The City’s IT Steering Committee has formed a Subcommittee to evaluate ADA considerations
with City wide technology systems. The Subcommittee will make recommendations to inform
the IT Master Plan annual update and future decisions to acquire and implement new
technology systems. The City is in process of implementing a Spanish translation service to
most *.georgetown.org websites. The City will be purchasing JAWS assistive screen reader
software to help with an accessibility audit for text to voice technology of City websites. Public
Communications is currently reviewing costs and other obstacles to providing closed
captioning for our meeting broadcasts.
3.4 Employment
The City of Georgetown 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 ADA. The City has guidelines in
place to eliminate discrimination, against any individuals that may have a disability, in relation
to application procedures, hiring process, compensation, training, advancement and other
terms, conditions, and privileges of employment. In conjunction with these anti-discrimination
guidelines, there are also adopted procedures in place to both determine and provide
reasonable accommodations upon request. These guidelines are conveyed through our internal,
city-wide, “Americans with Disabilities” policy. The City’s ADA Employment Policy governs
employment-related complaints of disability discrimination.
4.0 PLAN IMPLEMENTATION FOR FY 2015/2016
4.1 Self-Assessment and Transition Plan
Title II requires the City to conduct a self-assessment to evaluate the City’s current policies
and practices to identify and correct those policies and practices that are inconsistent with
Title II requirements. In 2015, the City of Georgetown conducted a self-assessment process
Page 21 of 34
City of Georgetown, Texas
2015 ADA Transition Plan
Page 11 of 23
for assessment of facilities and public pedestrian rights-of-way to identify any physical or
program barriers to accessibility that might be present. This Transition Plan provides a
schedule that indicates a projected time for resolution and the department responsible for
implementation.
4.2 Public Pedestrian Right-of-Way
In 2015 Transportation Services completed a self-assessment of the pedestrian network in the
public right-of-way. See Plan Appendix D for recommendations and improvement scheduling.
4.3 Public Buildings and Parking Lots
In 2015 the Facilities Department completed a self-assessment of facilities and programming.
Existing facilities, constructed or altered after January 26, 1992, were reviewed for accessibility
compliance and to document deficiencies. They were then ranked by the City’s ADA Task
Force (now the ADA Advisory Board). The facility ranking was determined by the volume of
public interactions. Facilities that serve the greatest number of citizens received a higher
ranking than facilities that primarily serve employees. The ADA Task Force also took into
account facilities that are currently planned for renovations or that will be returned to the
private sector. See Plan Appendix B for recommendations and improvement scheduling.
4.4 Parks and Recreation Facilities
In 2015 the Parks and Recreation Department completed a self-assessment of facilities and
programming. See Plan Appendix C for recommendations and improvement scheduling.
5.0 RECOMMENDATIONS FOR NEXT ANNUAL REVIEW
5.1 Annual Review of ADA Transition Plan
The ADA Transition Plan is a living document that will be reviewed, updated, and revised
annually in conjunction with the City’s Capital Improvement Process which begins in February
and the subsequent annual Budget Process. The City’s ADA Coordinator will coordinate
meetings of the ADA Advisory Board, other Advisory Boards as necessary, and City staff, for
annual review of the ADA Transition Plan so that recommendations may inform the CIP and
Budget Processes.
5.2 City Department ADA Representatives
Identify a City staff representative for each department for contact and coordination of ADA
issues, as necessary.
5.3 Administrative Budget
Develop an administrative budget to facilitate and support management of the Transition Plan
as well as unplanned contingencies, such as special public accommodation requests.
5.4 Data Collection and Organization
Evaluate data collection and organization needs for Transition Plan annual review.
Page 22 of 34
City of Georgetown, Texas
2015 ADA Transition Plan
Page 12 of 23
5.5 Self-Assessment for Additional Plan Elements
Evaluate the City’s current policies and practices to identify and correct inconsistencies with
Title II requirements for the following plan elements. Scope and tentatively schedule self
assessments, to the extent funds are available.
Human Resources
Police
Fire
Finance-Purchasing
Municipal Court
Library
City Secretary
Signage
Website
5.6 Effective Communication
Continue development of the ADA webpage as an effective and meaningful resource for City
residents with disabilities. Develop a policy establishing minimum standards and
recommendations for future procurement of website/digital communication technology.
Page 23 of 34
U.S. Department of JusticeCivil Rights DivisionDisability Rights Section
Effective Communication
The Department of Justice
published revised final
regulations implementing
the Americans with
Disabilities Act (ADA) for
title II (State and local
government services)
and title III (public
accommodations and
commercial facilities)
on September 15, 2010,
in the Federal Register.
These requirements, or
rules, clarify and refine
issues that have arisen
over the past 20 years and
contain new, and updated,
requirements, including
the 2010 Standards for
Accessible Design (2010
Standards).
Overview
People who have vision, hearing, or speech disabilities
(“communication disabilities”) use different ways to com-
municate. For example, people who are blind may give
and receive information audibly rather than in writing
and people who are deaf may give and receive informa-
tion through writing or sign language rather than through
speech.
The ADA requires that title II entities (State and local govern-
ments) and title III entities (businesses and nonprofit organi-
zations that serve the public) communicate effectively with
people who have communication disabilities. The goal is
to ensure that communication with people with these dis-
abilities is equally effective as communication with people
without disabilities.
This publication is designed to help title II and title III enti-
ties (“covered entities”) understand how the rules for effec -
tive communication, including rules that went into effect on
March 15, 2011, apply to them.
• The purpose of the effective communication rules is to
ensure that the person with a vision, hearing, or speech
disability can communicate with, receive information
from, and convey information to, the covered entity.
• Covered entities must provide auxiliary aids and services
when needed to communicate effectively with people
who have communication disabilities.
• The key to communicating effectively is to consider
the nature, length, complexity, and context of the
communication and the person’s normal method(s) of
communication.
ADA
Requirements
Page 24 of 34
to convey information back to that
person) using any necessary specialized
vocabulary.
• For people who have speech disabilities,
this may include providing a qualified
speech-to-speech transliterator (a
person trained to recognize unclear
speech and repeat it clearly), especially
if the person will be speaking at length,
such as giving testimony in court, or just
taking more time to communicate with
someone who uses a communication
board. In some situations, keeping
paper and pencil on hand so the person
can write out words that staff cannot
understand or simply allowing more
time to communicate with someone who
uses a communication board or device
may provide effective communication.
Staff should always listen attentively
and not be afraid or embarrassed to ask
the person to repeat a word or phrase
they do not understand.
In addition, aids and services include a wide
variety of technologies including 1) assis-
tive listening systems and devices; 2) open
captioning, closed captioning, real-time
captioning, and closed caption decoders
and devices; 3) telephone handset amplifi-
ers, hearing-aid compatible telephones, text
telephones (TTYs), videophones, captioned
telephones, and other voice, text, and
video-based telecommunications products;
4) videotext displays; 5) screen reader soft-
ware, magnification software, and optical
readers; 6) video description and secondary
auditory programming (SAP) devices that
pick up video-described audio feeds for tele -
vision programs; 7) accessibility features in
electronic documents and other electronic
• The rules apply to communicating
with the person who is receiving the
covered entity’s goods or services
as well as with that person’s parent,
spouse, or companion in appropriate
circumstances.
Auxiliary Aids and Services
The ADA uses the term “auxiliary aids and
services” (“aids and services”) to refer to
the ways to communicate with people who
have communication disabilities.
• For people who are blind, have vision
loss, or are deaf-blind, this includes
providing a qualified reader; information
in large print, Braille, or electronically
for use with a computer screen-reading
program; or an audio recording of
printed information. A “qualified” reader
means someone who is able to read
effectively, accurately, and impartially,
using any necessary specialized
vocabulary.
• For people who are deaf, have hearing
loss, or are deaf-blind, this includes
providing a qualified notetaker; a
qualified sign language interpreter, oral
interpreter, cued-speech interpreter, or
tactile interpreter; real-time captioning;
written materials; or a printed script
of a stock speech (such as given on
a museum or historic house tour) . A
“qualified” interpreter means someone
who is able to interpret effectively,
accurately, and impartially, both
receptively (i.e., understanding what the
person with the disability is saying) and
expressively (i.e., having the skill needed
2 ADA Requirements
Effective Communication
Page 25 of 34
and information technology that is acces-
sible (either independently or through assis-
tive technology such as screen readers).
Real-time captioning (also known as com-
puter-assisted real-time transcription, or
CART) is a service similar to court reporting
in which a transcriber types what is being
said at a meeting or event into a computer
that projects the words onto a screen. This
service, which can be provided on-site or re-
motely, is particularly useful for people who
are deaf or have hearing loss but do not use
sign language.
The free nationwide telecommunications
relay service (TRS), reached by calling
7-1-1, uses communications assistants (also
called CAs or relay operators) who serve as
intermediaries between people who have
hearing or speech disabilities who use a
text telephone (TTY) or text messaging and
people who use standard voice telephones.
The communications assistant tells the tele -
phone user what the other party is typing
and types to tell the other party what the
telephone user is saying. TRS also provides
speech-to-speech transliteration for callers
who have speech disabilities.
Video relay service (VRS) is a free, sub-
scriber-based service for people who use
sign language and have videophones,
smart phones, or computers with video
communication capabilities. For outgoing
calls, the subscriber contacts the VRS inter-
preter, who places the call and serves as an
intermediary between the subscriber and
a person who uses a standard voice tele -
phone. The interpreter tells the telephone
user what the subscriber is signing and
signs to the subscriber what the telephone
user is saying.
Video remote interpreting (VRI) is a fee-
based service that uses video conferencing
technology to access an off-site interpreter
to provide real-time sign language or oral
interpreting services for conversations
between hearing people and people who
are deaf or have hearing loss. The new
regulations give covered entities the choice
of using VRI or on-site interpreters in situ-
ations where either would be effective.
VRI can be especially useful in rural areas
where on-site interpreters may be difficult
to obtain. Additionally, there may be some
cost advantages in using VRI in certain cir-
cumstances. However, VRI will not be effec-
tive in all circumstances. For example, it will
not be effective if the person who needs the
interpreter has difficulty seeing the screen
(either because of vision loss or because
he or she cannot be properly positioned to
see the screen, because of an injury or other
condition). In these circumstances, an on-
site interpreter may be required.
If VRI is chosen, all of the following specific
performance standards must be met:
• real-time, full-motion video and
audio over a dedicated high-speed,
wide-bandwidth video connection
or wireless connection that delivers
high-quality video images that do
not produce lags, choppy, blurry, or
grainy images, or irregular pauses in
communication;
• a sharply delineated image that is large
enough to display the interpreter’s face,
arms, hands, and fingers, and the face,
arms, hands, and fingers of the person
using sign language, regardless of his or
her body position;
ADA Requirements 3
Effective Communication
Page 26 of 34
Other solutions may be needed where the
information being communicated is more
extensive or complex. For example:
• In a law firm, providing an accessible
electronic copy of a legal document that
is being drafted for a client who is blind
allows the client to read the draft at
home using a computer screen-reading
program.
• In a doctor’s office, an interpreter
generally will be needed for taking the
medical history of a patient who uses
sign language or for discussing a serious
diagnosis and its treatment options.
A person’s method(s) of communication
are also key. For example, sign language
interpreters are effective only for people
who use sign language. Other methods of
communication, such as those described
above, are needed for people who may have
lost their hearing later in life and do not use
sign language. Similarly, Braille is effec-
tive only for people who read Braille. Other
methods are needed for people with vision
disabilities who do not read Braille, such as
providing accessible electronic text docu-
ments, forms, etc., that can be accessed by
the person’s screen reader program.
Covered entities are also required to accept
telephone calls placed through TRS and
VRS, and staff who answer the telephone
must treat relay calls just like other calls.
Many deaf-blind individuals use support service providers (SSPs) to assist them
in accessing the world around them. SSPs are not “aids and services” under the
ADA. However, they provide mobility, orientation, and informal communication
services for deaf-blind individuals and are a critically important link enabling them
to independently access the community at large.
4 ADA Requirements
Effective Communication
Effective Communication
Provisions
Covered entities must provide aids and ser-
vices when needed to communicate effec -
tively with people who have communication
disabilities.
The key to deciding what aid or service is
needed to communicate effectively is to
consider the nature, length, complexity, and
context of the communication as well as the
person’s normal method(s) of communica-
tion.
Some easy solutions work in relatively
simple and straightforward situations. For
example:
• In a lunchroom or restaurant, reading
the menu to a person who is blind
allows that person to decide what dish
to order.
• In a retail setting, pointing to product
information or writing notes back and
forth to answer simple questions about
a product may allow a person who is
deaf to decide whether to purchase the
product.
• a clear, audible transmission of voices;
and
• adequate staff training to ensure quick
set-up and proper operation.
Page 27 of 34
The ADA places responsibility for provid-
ing effective communication, including
the use of interpreters, directly on covered
entities. They cannot require a person to
bring someone to interpret for him or her.
A covered entity can rely on a companion
to interpret in only two situations.
(1) In an emergency involving an im-
minent threat to the safety or welfare
of an individual or the public, an adult
or minor child accompanying a person
who uses sign language may be relied
upon to interpret or facilitate commu-
nication only when a qualified inter-
preter is not available.
(2) In situations not involving an im -
minent threat, an adult accompanying
someone who uses sign language may
be relied upon to interpret or facilitate
communication when a) the individual
requests this, b) the accompanying
adult agrees, and c) reliance on the ac -
companying adult is appropriate under
the circumstances. This exception does
not apply to minor children.
Even under exception (2), covered entities
may not rely on an accompanying adult to
interpret when there is reason to doubt the
person’s impartiality or effectiveness. For
example:
• It would be inappropriate to rely on
a companion to interpret who feels
conflicted about communicating bad
news to the person or has a personal
stake in the outcome of a situation.
• When responding to a call alleging
spousal abuse, police should never rely
on one spouse to interpret for the other
spouse.
The communications assistant will explain
how the system works if necessary.
Remember, the purpose of the effective
communication rules is to ensure that the
person with a communication disability can
receive information from, and convey infor-
mation to, the covered entity.
Companions
In many situations, covered entities commu-
nicate with someone other than the person
who is receiving their goods or services.
For example, school staff usually talk to a
parent about a child’s progress; hospital
staff often talk to a patient’s spouse, other
relative, or friend about the patient’s condi-
tion or prognosis. The rules refer to such
people as “companions” and require cov-
ered entities to provide effective communi-
cation for companions who have communi-
cation disabilities.
The term “companion” includes any family
member, friend, or associate of a person
seeking or receiving an entity’s goods or
services who is an appropriate person with
whom the entity should communicate.
Use of Accompanying Adults or
Children as Interpreters
Historically, many covered entities have ex-
pected a person who uses sign language to
bring a family member or friend to interpret
for him or her. These people often lacked
the impartiality and specialized vocabulary
needed to interpret effectively and accu-
rately. It was particularly problematic to use
people’s children as interpreters.
ADA Requirements 5
Effective Communication
Page 28 of 34
lar aid or service would result in an undue
burden, the entity must provide another ef-
fective aid or service, if possible, that would
not result in an undue burden. Determining
what constitutes an undue burden will vary
from entity to entity and sometimes from
one year to the next. The impact of chang-
ing economic conditions on the resources
available to an entity may also be taken into
consideration in making this determination.
State and local governments : in deter-
mining whether a particular aid or service
would result in undue financial and admin-
istrative burdens, a title II entity should take
into consideration the cost of the particular
aid or service in
light of all resourc -
es available to fund
the program, ser-
vice, or activity and
the effect on other
expenses or opera-
tions. The decision
that a particular aid
or service would
result in an undue
burden must be
made by a high level official, no lower than
a Department head, and must include a
written statement of the reasons for reach-
ing that conclusion.
Businesses and nonprofits : in determining
whether a particular aid or service would
result in an undue burden, a title III entity
should take into consideration the nature
and cost of the aid or service relative to
their size, overall financial resources, and
overall expenses. In general, a business or
nonprofit with greater resources is expected
to do more to ensure effective communica-
tion than one with fewer resources. If the
Covered entities may require reason-
able advance notice from people
requesting aids or services, based on
the length of time needed to acquire
the aid or service, but may not impose
excessive advance notice require-
ments. “Walk-in” requests for aids
and services must also be honored to
the extent possible.
Who Decides Which Aid
or Service Is Needed?
When choosing an aid or service, title II enti-
ties are required to give primary consider-
ation to the choice of aid or service request-
ed by the person who has a communication
disability. The state or local government
must honor the person’s choice, unless it
can demonstrate that another equally effec-
tive means of communication is available,
or that the use of the means chosen would
result in a fundamental alteration or in an
undue burden (see limitations below) . If the
choice expressed by the person with a dis-
ability would result
in an undue burden
or a fundamental
alteration, the public
entity still has an
obligation to provide
an alternative aid or
service that provides
effective communi-
cation if one is avail-
able.
Title III entities are encouraged to consult
with the person with a disability to discuss
what aid or service is appropriate. The goal
is to provide an aid or service that will be
effective, given the nature of what is being
communicated and the person’s method of
communicating.
Limitations
Covered entities are required to provide aids
and services unless doing so would result
in an “undue burden,” which is defined as
significant difficulty or expense. If a particu-
6 ADA Requirements
Effective Communication
Page 29 of 34
entity has a parent company, the admin-
istrative and financial relationship, as well
as the size, resources, and expenses of the
parent company, would also be considered.
In addition, covered entities are not required
to provide any particular aid or service in
those rare circumstances where it would
fundamentally alter the nature of the goods
or services they provide to the public. In the
performing arts, for example, slowing down
the action on stage in order to describe the
action for patrons who are blind or have
vision loss may fundamentally alter the
nature of a play or dance performance.
Staff Training
A critical and often overlooked component
of ensuring success is comprehensive and
ongoing staff training. Covered entities may
have established good policies, but if front
line staff are not aware of them or do not
know how to implement them, problems
can arise. Covered entities should teach
staff about the ADA’s requirements for
communicating effectively with people who
have communication disabilities. Many local
disability organizations, including Centers
for Independent Living, conduct ADA train-
ings in their communities. The Depart-
ment’s ADA Information Line can provide
local contact information for these organiza-
tions.
ADA Requirements 7
Effective Communication
For more information
about the ADA,
please visit our website
or call our toll-free number.
ADA Website: www.ADA.gov
To receive e-mail notifications when
new ADA information is available,
visit the ADA Website
and click on the link near the bottom
of the right-hand column.
ADA Information Line
800-514-0301 (Voice) and
800-514-0383 (TTY)
Call M-W, F 9:30 a.m. – 5:30 p.m., Th
12:30 p.m. – 5:30 p.m., (Eastern Time)
to speak with an ADA Specialist (calls
are confidential) or call 24 hours a
day to order publications by mail.
For people with disabilities,
this publication is available
in alternate formats.
Duplication of
this document is encouraged.
January 2014
Page 30 of 34
City of Georgetown, Texas
Americans with Disablilities Accessibility Advisory Board
February 10, 2016
SUBJECT:
Discussion of March agenda items and Board membership appointments. - Nat Waggoner,
Transportation Analyst
ITEM SUMMARY:
The Board Liaison will provide the board an update on next month's agenda.
FINANCIAL IMPACT:
n/a
SUBMITTED BY:
Nat Waggoner, PMP®
Page 31 of 34
City of Georgetown, Texas
Americans with Disablilities Accessibility Advisory Board
February 10, 2016
SUBJECT:
Review and possible action to approve the minutes from the Regular ADA Board meeting held on
January 13, 2016 – Jana Kern – ADA Board Liaison
ITEM SUMMARY:
Board to review and revise and/or approve the minutes from the regular meeting held on
January 13, 2016.
FINANCIAL IMPACT:
n/a
SUBMITTED BY:
Jana Kern
ATTACHMENTS:
Description Type
Draft Minutes Backup Material
Page 32 of 34
Minutes for the Meeting of the
Americans with Disabilities Accessibility Advisory Board
and the Governing Body
of the City of Georgetown, Texas
January 13, 2016 at 6:00 PM
at 300-1 Industrial Ave., Georgetown, Texas 78626
The City of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If
you require assistance in participation at a public meeting due to a disability, as defined under the ADA,
reasonable assistance, adaptations, or accommodations will be provided upo n request. Please contact the
City at least four (4) days prior to the scheduled meeting date, at (512)930-3652 or City Hall at 113 East 8th
Street for additional information: TTY users route through Relay Texas at 711.
Board Members: Dawn Jennings, Anya Juan Risco, Paul Luther, Barbra Sonnen-
Hernandez
Board Members Absent: Stephanie Blanck – Chair, Jon Carey – Vice Chair,
Sheila Mills – Secretary,
Staff Present: Nat Waggoner, Jana Kern, Trish Long, Eric Lashley, Eric Nuner
Regular Session
(This Regular Session may, at any time, be recessed to convene an Executive Session for
any purpose authorized by the Open Meetings Act, Texas government Code 551.)
A. Call to Order: Jana Kern called the regular ADA Board Meeting to order at
6:00 PM on Wednesday January 13, 2016.
Due to the fact that all of the officers were absent, Kern stated that before the
Board can conduct any business, a Chair will need to be nominated for this
meeting. Motion by Risco second by Jennings to nominate Paul Luther as Chair
for the Jan. 13, 2016 meeting. Approved 4-3 (Blanck, Carey, & Mills absent)
The Board may, at any time recess the Regular Session to convene in Executive
Session at the request of the Chair, a Board Member, The City Manager, Assistant
City Manager, General Manager of Utilities, City Council Member, or legal
counsel for any purpose authorized by the Open Meetings Act, Texas
Government Code Chapter 551, and are subject to action in the Regular Session
that follows
B. Introduction of Visitors
C. Discussion of library needs as they relate to access and effective communication
– Eric Lashley, Library Services Director and Nat Waggoner, PMP ,
Transportation Analyst
Lashley discussed with the Board what the needs are for the Library.
Page 33 of 34
D. Review work completed under FY 15 and update on facilities CIP planning for
FY 16 ADA Transition Plan Update. – Eric Nuner, Assistant Parks & Recreation
Director and Nat Waggoner, PMP Transportation Analyst
Nuner updated the Board on the City’s Facilities ADA plan.
E. Discussion of Effective Communication requirements under Title II. – Nat
Waggoner, Transportation Analyst
Waggoner discussed what his interpretation of effective communication as it
relates to our mission under the Title II requirements.
F. Review and discussion of portions of the City of Georgetown Emergency
Management Plan as they relate to the City’s Transition Plan and Title II
requirements. – Nat Waggoner, Transportation Analyst
Waggoner reviewed with Board. Waggoner will ask for a representative from
Fire and Police to attend the February 2016 meeting.
Legislative Regular Agenda
G. Review and possible action to approve the minutes from the Regular ADA Board
meeting held December 9, 2015. – Jana Kern – ADA Board Liaison
Motion by Jennings second by Risco to approve the minutes as presented.
Approved 4-3 (Blanck, Carey, & Mills absent)
Adjournment
Motion by Risco seconded by Sonnen-Hernandez to adjourn meeting. Approved 4-3
(Blanck, Carey, & Mills absent) Meeting adjourned at 7:31 PM.
Approved: Attested:
_______________________ ______________________
Paul Luther - Acting Chair Sheila Mills – Secretary
_________________________________
Jana R. Kern – ADA Board Liaison
Page 34 of 34