U.S.

Department of Justice

Civil Rights Division

Disability Rights Section
P.O. Box 66738
Washington, DC 20035-6738

DEC 19 1996

DJ # XX

Mr. Michael McDonough, Director

Bureau of Support Services
Portland Public Safety
109 Middle Street
Portland, Maine 04101

Dear Mr. McDonough:

Thank you for your assistance and cooperation with my

November 1, 1996, review of the Portland 9-1-1 system's
compliance with title II of the Americans with Disabilities Act
(ADA). You were very helpful. Thank you, also, for your letter
of November 26, 1996, regarding the steps you have taken to
improve the Portland 9-1-1 system's accessibility to individuals
who use TDDs for telephone communication.

As we discussed during our meeting, title II of the ADA

prohibits discrimination on the basis of disability in State and
local government services, including 9-1-1 services. Section
35.162 of the enclosed regulation implementing title II requires
that telephone emergency services provide direct TDD access.

My review raised several concerns about the accessibility of

Portland's 9-1-1 services to people who use TDDs. Those concerns
involved the need for additional TDD equipment, written standard
operating procedures for handling TDD calls, training and testing
for call-takers, and public outreach.

Your November 26, 1996, letter indicates that you have

purchased two additional TDDs in order to ensure that each call-
taker has easy access to a TDD. Your letter also indicates that
you have purchased a video training series about TDD-accessible
9-1-1 services, that all personnel assigned to the communications
division are receiving that training, and that call-takers will
be tested on the material.

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cc:Records Chrono Wodatch Magagna Hill Mather Novich FOIA

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In light of the significant steps you have already taken to

ensure TDD access to your system, only a few issues remain to be
addressed and you have agreed to resolve these issues. First,
you should ensure that backup TDD equipment is available for
cases of equipment failure. You have indicated that your 9-1-1
system's standard operating procedures do not include procedures
for answering TDD calls. Such procedures are important to ensure
that TDD calls are handled appropriately and consistently. Such
procedures must ensure that call-takers consider "silent" open
lines as possible TDD calls and respond accordingly without
requiring the TDD caller to hit additional keys, that call-takers
understand the language conventions used in TDD calls, that call-
takers understand how to call a TDD-caller back using a TDD, and
that call-takers respond appropriately to TDD Relay Service
calls.

To ensure the continued effectiveness of your training and

testing program, refresher courses should be given to call-takers
periodically (e.g., every six months) and test calls should be
made periodically to ensure call-takers are responding
appropriately.

Finally, the TDD-accessibility of Portland's 9-1-1 system

needs to be brought to the attention of the community. A public
education campaign should be designed and implemented to make TDD
users and others aware that Portland's 9-1-1 services are
directly accessible by TDD. The assistance of individuals from
the local community(ies) who are deaf, hard of hearing, or who
have speech impairments should be sought in developing and
carrying out this program. I have enclosed a list of groups in
your area who may be able to assist in this effort. As part of
this outreach, the next edition of the local telephone directory
must prominently note the direct TDD accessibility of Portland's
9-1-1 services. Such notices should appear at each location in
the directory where 9-1-1 services are mentioned.
 I understand that the Portland 9-1-1 system will be
substantially renovated in the next year to become a Primary
Public Service Answering Point in the new statewide 9-1-1 system.
I expect that the necessary changes described above will continue
to work under the new system. However, we will, of course, work
with you to resolve any inconsistencies with the new system. We
also expect to contact the persons responsible for implementing
the statewide system to provide any assistance they may need to
ensure that the new system complies with the requirements of the
ADA.

I have enclosed a copy of the Telecommunications for the

Deaf, Inc.'s publication, Emergency Access Self-Evaluation (EASE)
manual, for your information. If I can be of assistance in
addressing the issues I have noted, please do not hesitate to
contact me at (202) 307-0663 or at the above address. I would
also appreciate being kept informed of your progress.
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Again, thank you for all your cooperation and effort in this
matter.

Sincerely,

Eve L. Hill
Attorney
Disability Rights Section

Enclosures

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