Tarango v. City of Bakersfield

Filing 49

Consent Decree re Settlement of equitable relief claims, signed by Magistrate Judge Jennifer L. Thurston on 10/25/2017. (Rosales, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EMILIO TARANGO,
Plaintiff,

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v.
CITY OF BAKERSFIELD,
Defendant.

) Case No.: 1:16-cv-0099 - JLT
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) CONSENT DECREE RE: SETTLEMENT OF
) EQUITABLE RELIEF CLAIMS
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Plaintiff EMILIO TARANGO (“Plaintiff” and/or “Tarango”), and Defendant CITY OF

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BAKERSFIELD, (“Defendant”), by and through their counsel of record herein, stipulate as follows:

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WHEREAS, Plaintiff filed the above entitled action alleging that he had been denied certain

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accommodations in accordance with his known disability, to wit, that he is deaf;
WHEREAS, Plaintiff alleged in the above entitled action that Defendant’s practices in denying

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his certain accommodations were in violation of Title I of the Americans with Disabilities Act [42

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U.S.C. § 12111 et seq.], Section 504 of the Rehabilitation Act [29 U.S.C. § 794], and the California

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Fair Employment and Housing Act [Gov. Code§ 12900 et seq.];

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WHEREAS, Defendant contends that it actively endeavors to, and actually does accommodate

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all persons, including applicants and its employees, with respect to their known and disclosed

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disabilities, to all reasonable extent;

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WHEREAS, Defendant contends that it did not deny Plaintiff any form of reasonable
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accommodation at any point in time;

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WHEREAS, nothing in this Consent Order of Partial Settlement shall be deemed a finding or an

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admission that Defendant has in any manner violated Plaintiff's rights as contained in the Constitutions,

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statutes, ordinances, rules, and regulations of the United States or the State of California;

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WHEREAS, all parties believe that the best interests of Plaintiff will be advanced by a partial
settlement of the plaintiff’s equitable relief claims; and,
WHEREAS, the parties desire that the resolution of plaintiff's equitable relief claims for

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Plaintiff be set forth in a written document and ordered by the Court herein so that the same can be

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enforced as between the parties hereto.

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IT IS HEREBY STIPULATED:

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1.

The City of Bakersfield ("COB") will provide a qualified ASL Interpreter(s) for all COB

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Safety and Training Meetings and all standard training sponsored by the COB involving Mr. Tarango’s

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employment with COB.

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2.

COB will provide either ASL Interpreter(s) or Video Remote Interpreting (“VRI”)

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Service for Mr. Tarango, whichever is most appropriate to ensure effective communication in the

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City's reasonable discretion, in connection any individual scheduled meetings with Mr. Tarango. To

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the extent that Mr. Tarango requests an emergency meeting with COB representatives, COB will

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attempt to secure such services in a timely manner before the meeting. Where COB has scheduled the

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subject meeting, it will inform Mr. Tarango in advance of such meeting whenever possible, and

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engage interpretation services in advance of the subject meeting.

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3.

COB will provide either ASL Interpreter(s) or VRI Service for Mr. Tarango, whichever

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is most appropriate in the City’s reasonable discretion, in connection with all general COB meetings

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with City of Bakersfield Employees. This shall apply to situations in which the COB meets with

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employees in groups to discuss matters of general concern.. Where COB has scheduled the subject

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meeting, it will inform Mr. Tarango in advance of such meeting whenever possible, and provide

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interpretation services in advance of the subject meeting.

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4.

With respect to any daily communications between · Mr. Tarango and his supervisors/

coworkers, to the extent that Mr. Tarango has difficulty in such communications, COB will in good
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faith make VRI available for Mr. Tarango’s use to aid in such communications. In addition, if the

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nature of the subject impromptu and/or daily communications with Mr. Tarango will likely exceed

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fifteen (15) minutes, COB will make arrangements for use of VRI or ASL Interpretive Services to

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carry out such communications.

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5.

To the extent that the COB requires, sponsors, or offers to provide payment for outside

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training activities and programs which are specific to Mr. Tarango’s assigned position, and the agency,

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program or entity providing such training does not offer sufficient accommodations of its own accord,

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COB will provide an interpreter or VRI services. The decision as to the provision of interpretation

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services or VRI shall be at the reasonable discretion of COB. This will not extend to programs or

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classes which Mr. Tarango may elect to pursue for his own personal improvement or in an effort to

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secure “promotions” or transfers to other COB positions (i.e. such as a college degree).

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6.

COB will provide an ASL interpreter or VRI where Mr. Tarango is required to attend a

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meeting with healthcare professionals at the request of COB, if it is practicable to do so in advance of

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such meeting, (i.e. exigent circumstances may not permit the retention of an ASL interpreter in

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advance of an emergency meeting). Where COB has scheduled the subject meeting separate for

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exigent circumstances, it will inform Mr. Tarango in advance of such meeting and that interpretation

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services will be provided.

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7.

COB will provide an ASL interpreter in connection with any testing or interviews for

any promotions which Mr. Tarango has applied for at COB.
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COB will take steps to provide training to relevant employees with COB, which shall

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include Mr. Tarango’s supervisors and managers, along with HR representatives, relative to the

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policies and procedures addressed herein. Said training will include the circumstances under which

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interpretation services will be provided and how such services shall be secured when needed or

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required. All such individuals shall also be expressly informed that it is their responsibility to comply

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with these policies and procedures.

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Where ASL interpreters will be used, such individuals shall be qualified ASL

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interpreters. Where VRI services are to be used, the VRI service shall comply with applicable ADA

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requirements.
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IT IS FURTHER STIPULATED:

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A.

The terms and conditions of this Consent Order shall be deemed effective upon Order by

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this Court. The parties’ obligations, rights and responsibilities shall commence within thirty (30) days

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of such Order. The Court shall enter an order for compliance with the terms and conditions as between

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the parties herein as part of the present proceedings.

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B.

Plaintiff shall have the right to move for enforcement of said accommodations as

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specified herein after providing Defendant with a minimum thirty (30) day notice of any alleged

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violation, and the Defendant shall have the opportunity to cure within that thirty (30) day period. Notice

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shall be provided to City of Bakersfield Human Resources officer by electronic mail with a follow up

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copy via United State Postal Service mail.
C.

This Stipulation and the resulting Order is solely for purposes of resolving the equitable

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relief claims in this case, and does not reflect the position of the parties in any other judicial or

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administrative action or proceeding. This Stipulation and the resulting Order shall not be admissible in

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any other judicial or administrative action or proceeding. Nothing herein shall prevent the use of this

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Stipulation and resulting Order in connection with any motion filed to enforce the terms herein.

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Respectfully submitted,
Date: August 7, 2017

EISENBERG & BAUM, LLP
By: /s/Andrew Rozynski
Andrew Rozynski, Esq.
Attorneys for Plaintiff, Emilio Tarango

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Date: August 9, 2017

CLIFFORD & BROWN
By: /s/John R. Szewczyk
John R. Szewczyk, Esq.
Atttorneys for Defendant, City of Bakersfield

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IT IS SO ORDERED.
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Dated:

October 25, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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