settlement agreement usa and ansonia

8/2/2019 Settlement Agreement USA and Ansonia

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SETTLEMENT AGREEMENT BETWEENTHE UNITED STATES OF AMERICA

ANDTHE CITY OF ANSONIA, CONNECTICUT

DEPARTMENT OF JUSTICE COMPLAINT NUMBER 204-14-150I

Background and Parties1. The parties to this Settlement Agreement ("Agreement") are the United States ofAmerica and the City of Ansonia, Connecticut. The City of Ansonia is a "publicentity" within the meaning of the Americans with Disabilities Act of 1990("ADA"), 42 U.S.C. $ 12131(1), and is, therefore, subject to title II of the ADA,42 U.S.C. S 12131 et seq., and its implementing regulations,2S C.F.R. Part 35.2. This matter was initiated by a complaint filed with the United States Departmentof Justice ("DOJ") pursuant to title II of the ADA. The complainant, RecoveryNetwork of Programs, who planned to open a treatment facility for qualifiedindividuals with substance abuse disabilities, was not permitted to open thefacility by the City of Ansonia because the City's zoning code excluded substance

abuse treatment facilities from certain zones. The complainant alleges that theCity refused to allow the facility on the basis of disability, in violation of theADA.Under title II of the ADA, no qualified individual with a disability shall, by reasonof such disability, be excluded from participation in or denied the benefits oftheservices, programs, or activities of a public entity, such as the City of Ansonia, orbe subjected to discrimination by any such entity, 42 U.S.C. $ 12132;28 C.F.R. $35.130. Zoning and land use decisions are services, programs, or activities of apublic entity.The Department of Justice is the federal agency responsible for administering andenforcing title II of the ADA with respect to all programs, services, and regulatoryactivities relating to planning and development by public entities, 28 C.F.R. $35.190. The Attomey General is authorized to bring a civil action enforcing titleII of the ADA if the Department of Justice is unable to secure compliance byvoluntary means. 42 U.S.C. $ 12133; 28 C.F.R. Part 35, Subpart F.

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B.

5. The United States of America and the City of Ansonia have agreed to resolve thismatter as set forth below. This agreement shall not be construed as an admission, of liability or wrongdoing by the Cify of Ansonia.Injunctive Relief

The Cify of Ansonia shallnot discriminate on the basis of disability in violation ofthe ADA on the face of its regulations; or in making land use decisions regarding,or plans to create, operate, or modiff, facilities that provide services forindividuals with disabilities. Such non-discrimination includes makingreasonable modifications to policies, practices, or procedures when suchmodifications are necessary to afford individuals with disabilities an equalopportunity to use and enjoy a facility, unless such modification wouldfundamentally alter the nature of the land use.The City of Ansonia has modified its regulations, specifically Article III - DistrictRequirements, $ 310, Schedule B. The City of Ansonia has modified thelanguage: "Medical and dental clinics for the performance of dentistry andhealing arts for patients not resident on the premise but expressly excludingclinics for the insane, alcoholics and drug addicts." The new language reads asfollows: "Medical and dental clinics for the performance of dentistry and healingarts for patients not resident on the premises."

8. The City of Ansonia shall not retaliate against the Recovery Network of Programsin violation of 42 U.S.C. S 12203.Education

9. The City of Ansonia agrees that within 30 days of the effective date of thisagreement, the City of Ansonia will provide a copy of this agreement to eachAlderman. For three years after the effective date, within thirty days of the datehe or she commences as a new Alderman, each new Alderman shall be given acopy of this agreement.10. The City of Ansonia agrees that within 30 days of the effective date, the City ofAnsonia shall provide a copy of this agreement to each member of the Planning

and Zoning Commission and each management-levelemployee of the ZoningDepartment and Building Department. For three years after the effective date,within thirty days of appointment of a new member of the above departments, orhire of a new management-level employee, each new member or employee shallbe given a copy of this agreement.

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D. Implementation and Enforcement11. The United States may review compliance with this agreement at any time and

may enforce this agreement if the United States believes that it or any requirementthereof has been violated. If the United States believes that this agreement or anyportion of it has been violated, it will raise its concern(s) with the City of Ansoniaand the parties will attempt to resolve the concern(s) in good faith. The UnitedStates will give the City of Ansonia thirfy days from the date it notifies the City ofAnsonia of any breach of this agreement to cure that breach, prior to instituting

, uny action with the Court.12. Failure by the United States to enforce any provision or deadline of this

agreement shall not be construed as a waiver of its right to enforce otherprovisions or deadlines of this agreement.13, This agreement constitutes the entire agreement between the parties relating toDepartment of Justice Complaint No. 204-37-302, and no other statement,promise, or agreement, either written or oral, made by any party or agents of anyparty, that is not contained in this written agreement, including its attachments,shall be enforceable. This agreement does not purport to remedy any otherpotential violations of the ADA or any other federal law. This agreement does

not affect the City's continuing responsibility to comply with all aspects of theADA.14. If any term of this agreement is determined by any court to be unenforceable, the

other terms of this agreement shall nonetheless remain in full force and effect,provided, however, that if the severance of any such provision materially altersthe rights or obligations of the parties, the parties shall engage in good faithnegotiations in order to adopt mutually agreeable amendments to this agreementas may be necessary to restore the parties as closely as possible to the initiallyagreed upon relative rights and obligations.

15. The individuals signing this agreement represent they are authorized to bind theparties to this agreement.16. This agreement shall be binding on the City of Ansonia, its agents and employees,

successors and assigns.17. Section titles and other headings contained in this agreement are included only for

ease ofreference and shall have no substantive effect.18. The parties agree that facsimile signatures on this agreement are acceptable for

purposes of execution and that this agreement may be executed in counterpart.19. The effective date of this agreement is the date of the last signature below.

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20. All notices, demands, or other communications to be provided pursuant to thisagreement shall be in writing and delivered by fax or overnight mail to thefollowing persons and addresses (or such other persons and addresses as any pafiI may designate in writing from time to time):

For the United States:

David C. NelsonAssistant U.S. AttorneyU.S. Attorney's Office450 Main Street, Rm. 328Hartford, CT 06103(860) 947-l 101 (phone)(860) 760-7979 (fax)For the City of Ansonia:James Della VolpeMayor of Ansonia, Connecticut253 Main StreetAnsonia, CT 06401Thomas WelchAttorney375 Bridgeport AvenueShelton, CT 06484

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By:

For the United States:Eric HolderAttorney GeneralDavid B. FeinU,S. AttorneyDistrict of Connecticut

David C. NelsonAssistant U.S. AttorneyU.S. Attorney's Office450 Main Street, Rm. 328Hartford, CT 06103(860) 947-1101 (phone)(860) 760-7e79 (fax)For the City of Ansonia:The City of Ansonia, Connecticut

James Della VolpeMayor of Ansonia, Connecticut253 Main StreetAnsonia, CT 06401

Thomas WelchAttorney375 Bridgeport AvenueShelton, CT 06484

AGREED AND CONSENTED TO:

Date:

Date:

Date:

By:

By:

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RESOLIIIION@ttg uf Atrsuniu

Aldermen Duf fus Firs rara"i"# Ad'*"*"kt , of th. Firsr ward, introducedthe following Resolution: Justice Department

WIIEREAS, the Justice Department of the United States of America requests that theCity of Ansonia enter into a settlement agreement entitled Department of JusticeComplaintNumber 204-14-150 after reviewing a complaint filed regarding azoringapplication;'WIIEREAS, the entering into this settlement agreement by the City of Ansonia is in noway to be construed as an admission of liability or wrongdoing by the City of Ansonia;NOW, THEREFORE IT BE RESOLYED that the City of Ansonia agrees to enter intothe settlement agteement between the United States of America and the City of Ansoniaas pertains to Complaint Number 204-14-150 and that the Mayor James Della Volpe andAttorney Thomas Welch are empowered to execute the settlement agreement on behalfof the City of Ansonia.

Approved r 2Q0-1 AdoptedCiE Clerkayor

settlement agreement usa and ansonia

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