HomeMy WebLinkAboutPolicy 176 – Limited English Proficiency (LEP) / Hearing Impaired Persons,1,,,111,1111111111111,1
OSHKOSH POLICE DEPARTMENT POLICY AND PROCEDURE
TITLE: Limited English Proficiency (LEP)
/ Hearing Impaired Persons
POLICY SERIES: 176
Effective Date: 11-16-2017
Date Issued: 11-2-2017
Chief of Police: Dean Smith
(signature on file)
Date Signed: 11-2-2017
Statutory References: Americans with Disabilities Act
CALEA Standard: N/A
WILEAG Standard: N/A
Final Review Date: 11-2-2017
Review By: Command Staff
Rescinds Policy Dated: Directive 101
SECTION
DESCRIPTION
176.01
Purpose
176.02
Policy
176.03
Definitions
176.04
Procedures
176.05
On -call and relay services
176.06
Billing Procedures
176.07
Available Resources
Appendix A
Authorized Language and Sign Language
Interpreter List
Appendix B
Communicating with People who are Deaf or
Hard of Hearing: ADA Guide for Law
Enforcement Officers.
176.01 Purpose
The purpose of this policy is to ensure that the Oshkosh Police Department
provides a consistent high level of service to all community members, including
those with a limited ability to speak, read, write and understand the English
language, as well as those who are hearing impaired or deaf.
176.02 Policy
It is the policy of the Oshkosh Police Department to take all reasonable steps
necessary to accommodate individuals who have difficulty understanding English
and those who are deaf or hearing impaired pursuant to the American with
Disabilities Act (ADA). Persons who are Limited English Proficient (LEP) or are
hearing impaired or deaf are entitled to the same level of service provided to any
other person.
176.03 Definitions
LIMITED ENGLISH PROFICIENT (LEP): Designates individuals whose
primary language is not English and who have a limited ability to read,
write, speak, or understand English. LEP individuals may be competent in
certain types of communication (e.g. speaking or understanding), but still
be LEP for other purposes (e.g. reading or writing). Similarly, LEP
designations are context -specific. An individual may possess sufficient
English language skills to function in one setting, but these skills may be
insufficient in other situations.
LANGUAGE INTERPRETATION: The act of listening to a communication
in one language (source language) and orally converting it to another
language (target language) while retaining the same meaning.
TRANSLATION: The replacement of written text from one language
(source language) into an equivalent written text (target language).
BILINGUAL: The ability to communicate two languages fluently,
including the ability to communicate technical and law enforcement
terminology.
AUTHORIZED LANGUAGE INTERPRETER: A member of this or another
department who is bilingual and has successfully demonstrated interpreter
skills to supervisory staff and is authorized to act as an interpreter or
translator; or qualified person maintained on a list of interpreters willing to
provide interpreter services.
SIGN LANGUAGE: A system of communication using visual gestures and
signs.
AUXILIARY AIDS AND SERVICES: These are communication aids that
assist people who are deaf or hearing impaired. These aids include: use of
gestures, visuals aids, notepad and pen/pencil, computer/typewriter,
assistive listening system/device, teletypewriter (TTY), and/or qualified
oral/sign interpreter.
AUTHORIZED SIGN LANGAUGE INTERPRETER: A qualified person
authorized by the department to accurately sign to a hearing impaired
person what is being spoken by another person, and voice to a hearing
person what is being signed by the individual who is hearing impaired.
176.04 Procedure
A. Dealing with individuals who have Limited English Proficiency (LEP)
1. Officers may determine that a citizen they are in contact with does
not speak or understand English. Officers should attempt to
determine what the individual's primary language is.
a. Officers should use any reasonable tools available to identify the
citizen's primary language, such as, but not limited to; Language
Identification Cards or "I Speak" materials.
b. Whether the person with LEP is a victim, witness, suspect, or
arrestee, it is essential to ascertain what has occurred, the urgency
of the mater and the type of situation.
c. The type of assistance that will be required for effective
communication will depend on a number of factors including the
nature, significance and duration of the incident.
2. Assistance available to aid citizens with LEP
a. Bilingual Staff
i. Sworn or non -sworn bilingual staff may be used to
provide language interpreter assistance. Departmental
staff members asked to assist shall be observed by
supervisory staff to ensure that the skills needed are
demonstrated.
ii. Sworn or non -sworn bilingual staff from other nearby
agencies may also be used. A mutual aid request must be
made and the person providing the language interpreter
assistance shall be observed by supervisory staff to ensure
that the skills needed are demonstrated prior to
performing interpreter services.
b. Language Line
i. Language Line Solutions may be contacted to assist with
language interpretation over the phone.
ii. The telecommunications clerk at the Department's
customer service desk shall be notified to contact language
line solutions and arrange for the interpreter.
c. Authorized Language Interpreters
i. The shift commander and the front desk will have a list of
authorized language interpreters (Appendix A).
d. Other Available Sources of Interpretation
i. Often there may be resources available to assist officers
with interpretation. Other individuals on scene may be
able to provide assistance with interpretation or the citizen
may have made their own arrangements for an
interpreter. Generally officers should not use family
members or friends to interpret during investigations due
to potential biases.
ii. At times officers may use resources they received from
specialized training or the recruit academy like Speedy
Spanish for Law Enforcement to speak with citizens with
LEP in minor situations. These situations may include,
but are not limited to traffic stops or asking for directions.
3. Requests for LEP Resources
a. Officers shall contact a supervisor prior to the use of the language
line or contacting an interpreter.
b. Field Investigations
i. Depending on the nature of the investigation officers may
be able to use other available resources to communicate.
When dealing with minor situations, i.e.; traffic stops,
citizens looking for directions, etc. these resources may be
appropriate.
ii. When incidents are more complex or serious in nature
officers shall consider using an approved source of
interpretation.
c. Custodial/Investigative Interviews
i. When conducting interviews with a defendant who is in
custody or with a victim of a crime officers shall make the
proper arrangements for a qualified language interpreter.
d. Formal Complaints
i. If an individual with LEP is filing a formal complaint, the
supervisor receiving the complaint must ensure that a
qualified interpreter is present.
ii. The assistances of another supervisor who is a qualified
interpreter may be used to interpret for an individual with
LEP, however other sworn or non -sworn staff generally
should not be used.
B. Dealing with Hearing Impaired and Deaf Persons
1. Officers may determine that a citizen they are in contact with has a
hearing impairment or is deaf. It is important to recognize when this
occurs.
a. Officers will make every reasonable effort to ensure they are able
to effectively communicate with citizens who are hearing
impaired or deaf.
b. Whether the hearing impaired or deaf person is a victim, witness,
suspect, or arrestee, it is essential to ascertain what has occurred,
the urgency of the mater and the type of situation.
c. The type of assistance that will be required for effective
communication will depend on a number of factors including the
citizen's usual method of communication, as well as the nature,
significance and duration of the incident.
2. Assistance Available to assists citizens who are hearing impaired or
deaf.
a. Auxiliary aids and services
b. Authorized Sign Language Interpreter
c. Other Available Sources of Interpretation
3. Requests for resources to communicate with hearing impaired or deaf
citizens.
a. Officers shall contact a supervisor prior to the use of an
interpreter.
b. Field Investigations
i. In many circumstances, oral communication
supplemented by gestures and visual aids or an exchange
of written notes will be an effective means of
communicating with peoples who are hearing impaired or
deaf. When dealing with minor situations, i.e.; traffic
stops, citizens looking for directions, etc. these
communication techniques may be appropriate.
ii. When incidents are more complex and/or serious in nature
officers shall consider using a qualified interpreter.
c. Custodial/Investigative Interviews
i. When conducting interviews with a defendant who is in
custody or with a victim of a crime officers shall make the
proper arrangements for a qualified language interpreter.
d. Formal Complaints
i. If an individual with LEP is filing a formal complaint, the
supervisor receiving the complaint must ensure that a
qualified interpreter is present.
e. Input from the individual who is hearing impaired or deaf
i. To serve each individual effectively, consideration should
be given to providing the type of communication aid or
service requested by the individual.
ii. The officers should find out what type of auxiliary aid or
service the individual needs and defer to those choices
unless:
1. There is another equally effective way of
communicating, given the circumstances, length,
complexity and importance of the communication,
as well as the communication skills of the
individual.
2. Doing so would fundamentally alter the nature of
the law enforcement activity in question or cause
and undue administrative or financial burden. This
determination must be made by the Chief of Police
or his designee.
4. ADA Guide for Law Enforcement Officers (Appendix B)
a. Officers must review and have a working knowledge of the
publication, Communicating with People Who are Deaf or Hard of
Hearing: ADA Guide for Law Enforcement Officers. This document
reviews how officers should communicate effectively in the types
of situations officers will encounter
176.05 On -call and relay services
A. The Oshkosh Police Department will maintain a list of authorized language
and sign language interpreters (Appendix A).
1. The Public Affairs/Crime Prevention Officer will maintain this list and
update it annually.
B. TTY and Relay Services
1. In situations when a non -disabled person would have access to a telephone,
officers must provide persons who are hearing impaired of deaf the
opportunity to place calls using a teletypewriter (TTY, also known as a
telecommunications device for deaf individuals, or TDD) .
2. Officers must also accept telephone calls placed by persons who are hearing
impaired or deaf through the Telecommunications Relay service
176.06 Billing Procedures
A. Individuals who have LEP or are hearing impaired or deaf cannot be charged
for the costs of any aids or services required to communicate with them.
B. If a cost is incurred a supervisor will submit the following information to the
Office Manager in order to facilitate payment:
Full name of interpreter/translator
Address
Telephone number
Date of service
Hours worked
Complaint number
C. Paid qualified interpreters will be compensated at a rate of $40.00 per hour.
Compensation will begin when the qualified interpreter arrives at the scene
and end when they depart from the scene. At a minimum interpreters will be
compensated for 1 hour of service.
176.07 Available resources
A. World Relief Fox Valley
115 Washington St.
Oshkosh, WI 54904
(920) 231-3600
https://worldrelieffoxvalley.org
B. Limited English Proficiency (LEP) Federal Interagency Website
https://www.lep.gov
C. Fox Valley Hearing Center, Inc.
1820 West Pointe Dr.
Oshkosh, WI 54902
(920) 267-4071
http://www.foxvalleyhearingcenter.com
D. Language Line Solutions
(888) 808-9008
8 Digit Pin #: 49086243
https://www.languageline.com
E. "I Speak" and Language Identification Card materials
https://www.lep.gov/ISpeakCards2004.pdf
F. Google Translate
https://translate.google.com/?h1=en&tab=TT