wallingford pd settlement agreement

7/26/2019 Wallingford PD Settlement Agreement

1/16

SETTLEMENT

AGREEMENT BETWEEN

TEE

I'NITED

STATES OF

AMERICA

AND

TEE WALLINGFORD

POLICE DEPARTMENT

IN WAII,INGFORD, CONNECTICUT

Department of

Justice

Complaint

No

20zt-1rl-164

WHEREAS,

rhis

mauer was

initiated

by a complaint

filed

pu$uant

to title

tr of

the

Americans

with

Disabilities

Act

("

ADA"),42 U.S.C.

$$

12131-12134,

by the Office of Protection

and

Advocacy

(hereinafter

*OPA')

on

behalf

of an individual who

is deafor hard

ofhearing.

The complaints allege,

inter ali4 that on or

about

January 9, 2013,

the Wallingford Police

Departnent

(hereinafter

"WFPD')

failed

to

effectively

commnnicate

with

him during an investigatiorl

meeting or

dete,ntion.

The

complaint

firther

alleges that

the WFPD

has failed to establish and

enforce

sufficient

policies

and

training for its

personnel

regarding

how to obtain intelpreters,

when to obtain interpreters,

and

how to

interact with people who

are deaf or hard

of hearing.

WHEREAS, the

WFPD

does not admit

and denies any and

all liability

arising

out of tbe

allegations

contained

in

said

complaints;

WHEREAS,

the United States of America, tbrough

the United States

Deparhent of Justice, United

States

Attomey's Office, Distict

of Connectictt,

(ttre'United

States) is arthorized mder 28

C-F-R-

Part

35

to

investigate

whether

the WFPD

is in compliance

with

title tr of the ADA;

WHEREAS, the WFPD

is a'lublic

enti y'' for

purposes

of 42 U.S.C.

g

12132 and the implemeuting

regulations,28 C.F-R-

$

35.104, et seq;

WHEREAS,

the

United Srates is authorized

to

investigare

the facts,

issue

findings

and,

where

appropriate, atternpt

infomal resolution

of

such complaints,

see 28

C.F.R

$g

35.17G172;

WHEREAS,

the

United States and

the WFPD

have the

mutual

goal

of

ensr:ring

rhar

the WFIrD

complies

with

the

requirements

of title

tr of

the

ADA;

m

IS HEREBY AGREED

between the WFPD

and the

United

States:

1. thar

this Settlement

Agrement

(the

'Agreernent'')

is entered

into pursuant

to 2g

c.F-R-

$

35.172,

and

2. that

in

consideration

for the

wFPD's

perfomrance

of

its obligations

under this

Agreement,

the

United

States agrees

to

refrain

from

undertaking

fi:rther

investigation

or

tom

filing

a civil

suit based

on

the complaints

described

above

excep

as

provided

in

paragraph

M.G.

trelow.

Page

1 of 8


2/16

I. PURPOSE

It is the intent

of the United

States

and

the WFPD that this

Agreement shall resolve

all

issues

associated with the

complaints filed by OPA and enable

persons

who are deafand

hard

ofhearing

to

fully

participate

in and benefit from the

WFPD's

serviceg

pnogramg

and

activities on

an

equal basis

with

other

individuals.

A. To tbe extent that the WFPD already complies with these

tems, the

Agree,ment

memorializes

the

WFPD's continuing obligatioos to

provide

appropriafe auxiliary aids

and

services wbenever

necessary to ensur effective

commlnications

with persons

who

are

deafor hard

ofhearing.

B.

To the

erent

that rhe

WFPD does not

yet

comply with these terms,

the

fureement

establishes

the

WIPD's obligations to

provide

appropriate auxiliary aids and

services

whenever

necessary to errurc

effective

comnrrnications witl persons who

are deaf

or hard of hearing.

IL

GEI{ERALTERMS

A. Deadline:

Unless otherwise

indicate{

within

oinety (90)

days

after the

effective

darc

of

this

Agreement, the WFPD agrees

to

implement

firlly

the

practices

and policies

set

forth below.

B. Public

Document

A

copy

of this

Agreement may

be made available to any

person.

C. Parameters

of

Agreement

This Agreemeut

does not

puport

to

remedy any other

potentiat

violations

of the

ADA

or any other

Federal

law

not

specifically

referelrced herein.

This Agreemnt

does

not

affect the WFPD's continuing

responsibility

to comply with all

aspects

of the ADA.

D. Authorization:

The individuals

signing

this

Agreement represe,nt

that

they are

arthorized to

bind

the

parties

to

this AgremenL

E. No Retaliation:

WIPD

shall

not

retaliate

against

or coerce

any

individual

wtro

is receiving the

wFPD's senrices, programs,

or activities

and who

is trying

to exercise

his or her

rights rmder

this

Ageement

or

title

tr

of

the

ADA.

Itr. DEFINTTIONS

A.

Auriliary

aids and

services

includes

quelifisd

interprercrs

on-site

or tbrough

video

rernote

interyeting

(vItD

services;

notetakers;

real-time

computer-aiaea

mnscription-senrices;

writeo

materials;

exchange

of writlen

notes;

telephone

handset

amplifiers;

assistive

lise,ning

devices;

assistire

listening

systems;

telephones

compatible

with

hearing

aids; closed

capion f,gcoders;

open

and closed

capioning,

including

real-time

captio

ing; voice,

text,

and

video_based

te

lecommunications

Fodrrcts

atrd

systems,

ia6l

'rring

tex

telephones

(Trys),

videophones,

and

ible

har


3/16

$

36.1M. The intrrpreter

must be able to interpret in the language

the deaf

person

uses

(e.g.,

American

Sip language

or Signed English) and

mus be familiar

with

terms

and

pbrases

commonly

used

dring in the

particular

situation

(e.g.,

an anest, an

investigation,

or

a

citation).

C.

Primary consideration

means that the WFPD shall

defer to

the choice

e:


4/16

symbols for intrpreters

and

accessibility,

and instructions on how to contact the office ofthe

ADA

Coordinato(s)

and the

availability

of

a

grievatrce procedure.

,9e infraPartVl@).

2. Intemet The WFPD will conspicuously

display the

availability of auxiliary aids and services,

including

q"alified

interpreten,

on

informative

inter,et

resouroes.

3.

Other

Appropriate

Meaos: To

notifr

quatified people

with

disabilities

about the

povision

of

auxiliary aids and servics, the

WFPD

will

distribrtre this information tbrough

pamphlets,

newspaper notices,

or other appropriate

means

in addition to

siens,

posters"

and

intemet

notices.

E.

INTERPRETwE SERVICES:

The WFPD will

maintain

a working

relationship

with

one

or

more

qualiEed

oraVsip language interpreter

agencies

to ensr:re

that

interpreting services will

be

available upon

request 2417.

In addition

or in the alternative,

the WFPD

shall make other

appropriate

arangements,

such as

contracting

directly with

or

hiring

qualified

intrpeters

on a fee

for service

basis.

F.

WALLINGFORD

POLICE DEPARTMENT

POLICY:

l.

Within

90 days

of

the effective

dare

of this

Agreement, WIpD

shalt

adopt the atached

wallingford

Polic

Departuent's

Policy

on communicating

with

people

who are

Deaf

or

I{ard of

Hearing

(atached

hercto

as

AtrachDent

A).

2. WIPD

shall

provide

effective communication

to

individuals

who are

deaf or

harcl

of hearing.

Whether at

the

scene of

a call

for

service

or simply

interacting

with a

member

ofthe

public,

upon becoming

aware

that a

member

of the public

is

deaf or

hard of hearing,

WFpD

-

employees

will

focus

on establishing

effective

communication

by deterrrioing

tte

"uxiUa.y

id

the

person

requires

to communicate

with

wFpD

employees.

Generally,

interpraer

services

are

not required

for

simFle

tansactions

-

such

as

checking

a

license or

giving

directions

to a

location

-

or

for urgent

situations

-

such as responding

to a

violdt

crime

in

progress.

However,

an intrpreter

may

be

needed

in

le,rgtry

oi complex

tansactions

-

such

as interviewing

a victim,

witnesg

suspect,

or

anest

-

irt["

pe.*"

t"ing

interviewed

normally

relies

on sign

language

or

speech

reading

to

understand

what

otlers

are

saying.

In

non-emergency

sitrations,

scheduling

the use

ofan

intelpreta

u a

mrnually

agreeable

date

and

time

may

be the

best

option.

3.

Primoy

co,sideradbn,

as defind

above

in paragraph

m.c.,

shall

be

given

to

the

person,s

p,refened

aro


5/16

of

the

susPect,

prior

to

the

t'aDsportation

of

ttle

suspect,

that the

suspect is

deafor hard of

hearing.

7.

when WFPD

arrcsts

an

individual

who

is

deaf

or

hanl

of

hearing

and uses

sigr

language,

WFPD

shall

handcuffthe individual

in front

of his or

her body

so

the

individual can

continue

to

sip,

excep ufien

the officer

has

a

reasonable

concem

for his/her

safety or the

safety

of

otlers.

V.

TRAINING

REQUIREMENTS

A. Trainiug

Curiculum

for Police

Departuent

Employees:

l.

The

WFPD

will provide

ADA/Section

5M training

to

all

departuents

that communicate

with

the

public.

The purpose

of thrc

taining

is to ersure

that

staffunderstands

the

legal

obliguion

to

provide

appropriate

auxiliary

aids and

services

when

necessary

to

ensure

effttive

commlnication

with qualified

hdividuals

with

disabilities.

Training

for

WFPD

statrwill

include

the

wFPD's

Policy

on

comm,nicating

with

people

who

aie

Deaf

or

}Iard

of

Hearing.

The

training

will

begiD

within Dinetyleol

a"y,

Lrtn"

"ffective

date

of

this

Agreemenr,

and

will

be

completed

within

nrelve

(12)

montbs

of the

effective

darc

ofthis

Agemol

The

WFPD

will

ensure

that

new

staffand

recruits

who

will

have

contact

with

the

public

will

receive

this

taining

as

part

of their

orientation.

Tne

mining

materiat

snau

be

subject

to the

approval

of the

United

States.

vI.

MONITORING

&

ENT'ORCEMENT

A.

The

shal

United

States

upon

requesq

and

in

annual

B'

s-lg

ltp"rfi-For

a

period-oftwo

(2)

years

from

the

effective

date

ofthis

Agreement,

the

*FPD

sha,

send

the unied

st{T

Arornev's

office,

civil

Rights

c*.a*rciii7Ln

*n

steet,

25r

Floor,

wariagford,

cr

06s

l I

,

on

the

aonir,ersary

aae

or th"

affient,

a

reftr

containing

the

following

information:

1.

A description

of

the

actions

taken

to comply

with

this

Agreemenq

2'

Doc"menfation

+hat

qualified

intrprcter

services

are

being

made

available;

levant

rcporting

period

penons

with

hearing

q,,etified individuals

4.

A

brief,

general

descripion

ofthe

nauue

of

each grievance;

and

5.

A

briet

general

descripion

ofthe

nature

ofhow

each grievance

was

rcsolved.

c'

ADA

Coordiuator:

within

ninety

(g0)

days

aom

the

date

of

this

agreemen

the

wFpD

will

designate

someone

as

the

ADA

coorauror.

rrir

u-a"iar

r

."y

be the

same

individual

PaBe

5 of

8


6/16

E.

designated

by the City of

Wallingford

as

its

ADA

Coordinaror. The

ADA

Coordinaror

will

provide

the

following:

1. The

ADA

Coordinato(s)

will

serve

as a resource for the

public who

have

questions

regarding

access

for

qualified

individuals

with

disabilities

to the

WFPD's

deparments,

Fograms,

activities

and

services.

2. The ADA

Coordinato(s)

will

serve as a resource to the

WFPD's

staff

in

all

departments

regarding the

ADA.

3. The

ADA

Coordinato(s)

will know the specific

procedures

for

requesting an

intergeter.

4. Within ninety

(90)

days of fte effective

date

of

this Agreement

the

ADA Coordinaro(t

will,

if he

or

she has not already this

year,

receive

training conceming

a

public

e,ntity's

obliguions rmder title

tr

of the ADA. The taining material shall

be subject to fte

app,roval

of

the

United

States.

Grievance procedure:

The

WFPD

will

continue

to maintain

a

docurnented grievance

procedurc.

If a

person with

a

disability

is dissatisfied with the

arxiliary

aid

or service

proposed

or used by the

WFPD, the individual

Coordinator. The

ADA

Coordinator

will

attemp

business

days.

Cooperation.

WFPD understands

its

contin,ing

o

with the

United

States' iavsstigation

of individuals

and

entities not

releaspd

in

rhis

Agrement

Upon reasonable notice, WFPD shall e.ncourage, and agrees not to impair, the

cooperation

of

its agents,

including

its

officers

and other

employeeq

aod shall use its bst

efforts

to make available, and encourage, the

cooperation of former agents, officers

and

employees

for

interviews

and

testimony,

consistent

with

the

rights

and

fivileges

of

such

individuals.

WFPD

fiuther agrees to fimish to

the United Starcs, upon

reques

complete

and

unredacted

copies of all non-privileged

documents,

reports, memoranda

of interviewg

and

records in its

possession,

custody, or

coDtol,

concemiDg

the subject

mater ofrhis

this

current investigation.

To the

extent WFPD is required

by law to redact any

documents

prior

to disclosrne,

WFPD

will

contact

counsel for the

United

Stares

to discuss the redactions

and

the legal

basis for the

redactions.

Revier

at Any

Time:

The

WFPD

agrees

that the

United

States

may

review

compliance with

this

Agreement

at &y

'-e.

Duration

of

the

Agreement.

This

Agreement

will

be in effect

for two

(2)

years

from

the

Efrective

Darc.

Notffication

of Noncompliance:

If

the

United

states believes

tl,t

tre wFpD

is not

in

compliance

with

this

Agreement,

it

shall

notiry

the WFpD

in writing

of the

alleged

noncomplianoe

and

attempt to

seek

a

resolution

ofthe

mater.

Such

notice


7/16

J.

bring

an

action to enforce

compliance

with

the ADA

and

to

enforce the terms of this

Agreement

Nonwaiver of Enforcement:

Failure by the United States to enforce

this

entire Agreement

or

any

provision thereof with

respect

to

any

deadline or any other

provision

herein shall not

be

construed

as a

waiver

of

its

right to

enforce other deadlines

and

provisions

of

this

AgreemenL

Entire

Agreement. This

Agreement and the attachment hereto

constiurc

the

entire

agreement

between the

parties

on

the

matrers raised hercin,

and

no

other statement,

proBise,

or

agreemen either written or

oral,

made

by either

party

or agents

of

either party,

that is

not

contained in this

wriuen

agreernent, slnll be enforceable. This Agreement is limited to the

facts set forth herein and does not

purport

to remedy any other

potential

violations of the

ADA

or any other federal law.

Binding. This Agreement

is

final

and

binding on the

parties,

including

all

principals,

ageots,

executors,

administators,

representatives, successors in interest, beoeficiaries, assias, hefus

and

legal reprcsentatives thereof. Each party

has

a

duty

to

so

inform

any

such successor

in

intercst.

IN

WTINESS

WHEREOF,

I

have

hereto set my hand and

seal this

STATE

OF CONNECTICI.IT

)

)

ss.

New

llaven

COUNTY

OFNEW HAVEN

)

The foregoing

instnrment

was

achowledged

be

me on the

23'

a

*, oful

rorr.

Ja3ricr

M 33e

NOTARV

PUELIC

Stdte

of

ConneEtrcut

r

Co0m6ri,r

EI9al tzttltall,

;I ,"r'ffim.

FOR

THE UMTED

STATES OF

AMERICA

S OFFICE

157

Church

Street, 25th

Floor

New

Haverl CT

06510

[email protected]:sdo

i. sov

Tel:

(203)

821-3700

Fax:

(203)

?'13-5373

United

Sftes

Attomey

Notary

Public

Page

7

of 8

DAIY


8/16

2015.

IN

WITNESS

WHEREOF,

I

have hereto

set

my hand and seal this

hrn.

r

dayof bHt,

rt-

u-

IN

PRESENCE

OF:

WAILINGFOR.D

POLICE

DEPARTMENT

STATE

OF CONNECTICLI)

)

ss.

Wallingford

COI.INTY OFNEWIIAVEN)

The

foregoing

instrument was acknowledged before

me on

the

t

+4",

orffiil1

ro,s.

as to Form

and Correctless:

lgota+-R$$c

Page

8

of 8

h.

5r^..-/,1

of Superior Court


9/16

WALLINGFORD

POLICE DEPARTMENT

GENERAL

ORDER

CTIAPTER 30

IITLE:

POIJCE INTERACTION

WITE TIIE

EEARING IMPAIRSD

NUMBER,

il-D

EFFECTIVE:

Mrc8n0l5

ISSLIED: W.J.W.

REVIEW:

ANNUAL

RESCINDS: G.O.

3tr22

(DATED

8lr4f20r3)

PRIORIry

HIGH

TAIE ACCREDITATION

REFERENCE:

.INTRODUCTION

Tlre

purpose

of

rhis

general

order is to

provide guidmce

to

depdtmd

prsonnel

'rfro

interacting

with

the deaf or hearing

impaired,

as

required

by

fte Americas

wifr

Disabilities Ac't

(ADA).

ll.

FoucY

It

is the

policy

ofthis

agenry

to ensre

that

a

consistenfly

high

level

of

service

is

provided

to alt

commnnity

Berubets,

including

those who

are deaf

or hearing

imeaired-

This

fuency

has

specific legal

obligdions rmder

tbe

Americam

wifr

Dsabilhies

Act md

the

Rebabilitaion

Act

to

commrmicate

effectively

with

people

wbo

ae deaf or heaing

inpafud-

To

cary

out these

policies

md

tegal

obligations,

this

Agocy instucts

its

officers and employees

as fol}ows:

o

People

who

are

deaf or

heairy

impaired

ar

eotitled to

a

level

of

service equivalent

to

ttt"t

pr,ovided

to

O&er

pers6n5.

o

This

AgeDcy will

take

appropriale

ste.ps

to

rsure

rttrr

its

officers

md

employees

communicate

effectively

wift

people

who

ae

deaf or

heaing

inpafud

r

Effective

communication

with

a

person

who is

deaf

or bearing

impaired

involved

in

an

incidenr

-

vfiether

as a

vicirr,

wiaess,

suspect

or arrestee

-

is essential

in

ascertaining

what

achrally

occurd

the rrgency

of

the

Eder,

ad type

of situaion.

Notwittstanding

the

foregoing

requtemenrs,

the

safety

and

welsre

of

all persoos

ad the

protection

ofproperty

shall

be

the

frs

priority.

I . DEFINITIONS

A

Deaf

or Hearing

Impaired

-

people

are

policy

if they

have

a

physical

inpairnerrt

mitigding

measures such

as

hearing

aids

or cochlear

irnFlants.

To the

exent

connectiotr

stale

law is

implicated

by

tris

fureemeot,

a

lperson

udro

is deaf

or

hrd

of heaiEs

,r,in

ako

;-

defined

as

provided

in

(cite

Comesticut

State

Stahte)

General

Order

30-22

Police

Interaction

with

the Hearing

Impaired

fttt*.u**3

g

Page

1

Gor-rcF

>--t;'

I

.

-1


10/16

B.

InErprter

-

A

qulified

sip

lmguage

or oral

inlerprcter is

one

yfro

is able to

iDteryrct

e,ffectively,

accuraely,

and

impartially,

both receptively

ad

oryrcssively,

nsirrg

any neccssary

qpocialized

vocabutay.

Accordingly,

an interpreter

mu$ be able to sign to the

deafindividrnl

(or

iilErfet

oraly to the

perrcn

who speech

rcads)

whd

is

being said

by the

ofrcer md

be

able to

voice to

the

ofrcer

whd

is being

signed or

said by the deaf

individual.

The iffipretEr

mrst

be

able to interpret

the

langr:age

the deafprsoD uses

(e.g Aoerican

Sig

T

rnguage

or

Signed

Fnglis[)

and

apst be familia

with

law nforcrrent

terms

ad

phrases

UDder

th

ADA,

'qualified

iferpreter"

meaDs an idtrpreter

qiho,

via a video re note

fuEprethg

(VFQ

service

or

an

on-site

Erpearance,

G abh to

interpret effectivelS

accurately,

ad

impctially'

both

recepnively

ad

errprrssively,

nsing

my

necssay

specialized

vocabulry,

given

the

&1f

or

bad

of

heariDg

itrdividual's

Language,

skirs,

and edrJcdiou

eualified

interprcters

include,

for

o


11/16

eanotiomlly

charge4

@uent

employees

should

rtmain

alert to the

possibility

of

comnrmication

problems

and orercise

special

cae

in the

use

of

all

gestueg

ad verbal and

uriten

commrmication iu

an

efrort to

minimize

initial confision

aod

misundersafiting

vrhn

dealing

wift

any individual(s)

with

known

or s:spected communication

impairmems.

B

Interading with

the

People

who

arc Deaf

/

Eearing

Impaired

I . People

viho

ae

deaf or hearing impaired

are entitled to a level

of

service

equivalent to

flr"t

provided

to otter

persons

and

ofrcers

are required

by

thc

ADA to ensne

effective

commuicaicn

with

such

individuals. The nature, importmce, and

duration ofthe

sitntion

as

urcll

as

tbe iDdividual's needs and abilities,

wifl

daermine the t5pe

of

commr:nicaion

aid or

service

needed

to

comnr:nicate

effectively.

2.

To

serve each individual

effectively,

ofrcen should find orx

from

the

person

who is deaf

or

headng

impaird

what

type ofauxiliary aid

or

service they need. The

individual's ocpressed

choice

of

commrmicdion method

shell

be

given

prinary

consideration

and honored rmless

mother

equally effective means

of coumunication

is available,

given

tbe ciromstaoces, leugtb,

conplority,

and

importance of

the

commrmication,

as

well

as

the

cmnunication

skills

ofthe

person

who

is

deaf or

heaing

inpaird or the use of tLe

meas

chosen

would

result ina

fimdamenral

alteration

of

the law enforcement

activity

or cause au

rmdue

administrative

or

finaacial

brrdea

as detemined

by the Chief

or

his

designee

or

if

C.G.S.

,l6a-33a

requires a

qualified

ad

cfiified

imerpreter

due to the nature of the mder involved-

3. In many

basic inrtrac'tions,

ofrcers

will

find

tbat

oral

communicaio4 snpplememed

by

ges;ureq

visual

aids and / c a exchange

of

written

or typed notes may be

eftctive. For

oraryle, if

a

person

is asking an

officer for

dircc{ions to a

locdion,

gesorres

or

m

orohaoge of

wdfien notes will likely

be

sufrcient

to commuricate

effectively. The more

lengthy,

comploq

and

impormt the

commmication,

the

morc

likely it is

rh.t

a

qualified

interpeter will be

required

for

effective

commuication-

For

orample' it

would

be

meaningless to

verbally

reqrst

cmsent

to search if

169 6fficer

is

,rnable

to effectively

communicae wi6 a

deaf iDdivi&El In

thet

case, a

qualified

interprcter

is necessary.

(Offcers

should

be

avrare that

only

about

one-third

of spokeo

words

cao

be understood

by

speech reading. When

corrrnrmicating by

uniting

mtes,

keep

in

mind tbat many

deaf

individuals

camot

read

or

write

English,

ae

not

proficiem

in

reading or

writing

Fnglis[

6a{/es

62y

a61use

F.nglish

as

then

first

language..

Retain

d

include

all notes in any

case fi.Ie.)

Ia

one-on-one communication

with

an

individual vho

speech

reads

(i.e.,

teads lips),

ofrcers should:

o

ftce

the

individual

and

do not tum away

while

speaking

o

have one

pelson

speak at a time;

.

try

to

converse

in

a

well-lit

are4

keeping backgrouad noise

aod

other

distactions to

a

m i nimunr,

urtenwer

possible;

o

speak

slowly

and distinctly,

using

short

sefiencs

and simple words;

o

use

gestles

qnd

frcial

expressions

to r,einforce

qihat

you

aoe saying;

o

not cover tleir

mortrh

or chew

gum;

.

use visual

aidq

viknever

possible,

such

as

pointing

to

printed

information

on a ciation

or

ottrer doome.ot

General

Order

30-22

Police

Interaction

with the

Hearing

tmpaired

Page

3


12/16

4.

Officcrs

encountering a deaf

person

should

be awarc

rhrt

the individrl may

reac.h itro

a

pocket,

glove

conparmenr, or

lnder

a

car

sat

to

obain

paper

md

a uriting

instrmd

with

sihich

to

communicate. Be carefuI

uot

to

misinterpret

these ac'tions

as

reaching for

a we4on-

5.

In other circarmstanceq

a.rxiliry

aids and services may

be

needed for efEctive

communication

ADA

approved

axiliary

aids

and

services

include,

brt

are

not limited

to,

telecommrmicaions

devices for tbe deaf

(fDD's)

md teletpemiters

(fYs);

telephone hadsa

amplifiers;

assistive listeidng systmE

or

dwices

to ampli& sound; videotext systems;

ad

qualitred

oral and/or

sign languagp iDteryEete,rs. A

pad

md

pencil,

typew Er, or computer catr be

used to orchange

notes.

6. For heaiag impaired

persoos

under

arres sScers

shrll

frovide

qualified

aod ccrtified

itrerprtEm

prior

to

aDy

que,stioning

8.

If tLe officer inte.nds to

question

a hearing inpaired

arestee,

ber'sbe must

notifi

tle

Commuricatiors

Unit

aDd

the

Shift

Commader

rhat

a

qualified

ard certified

imapr*er

is

needed-

Officers are cautioned

thd

the mere

presence

of

atr hterpster ilos

trot

guar:rntee

rhti

fuformation vohmteered by

the anesee

will

be acce,pted

by

the cornts. The

prosecutio

will

still

have to demonstnte

that the intertreter

was

able to effectively communicae

with

the

rrestee.

9.

Until

the interpreter

arrives,

write

common custodial

safety

messages

in

simple language

oqplafuing

what is

occurring.

Do not

advise a deaf

person

of Mraoda

Riglts or att?'nFt an

interrogation

withort

the

interpreter

prsent.

Retain

all

uniUen

messages

and srbmit

then

as case

documematioL

10.

If in the

prcsence

ofa

qualiEed

and

certified interpreter

a

deafsuspect elegts to

vaive

his/her

Mrada

Righs,

the

interpraer

shatl

be utilized to assis

the officer in obtaining

a

writen

statment

11. In an ffort

to be cooperativg

a

deafor

hearing impaired suqpct may

appear to acloowledge

tbat he

or

she

is

willing

to

give

r.p his

or

her

righs.

A

uod

ofrh

hcad by an iryaired

person

may

be a Ctempt

to

appear cooperative

ralher than an indication

of

consent

or a confession of

wroagdoing.

Even

with

an

irtergreter

preseng

the sr:spect

may not completely uoderstasl tbeir

individual

rietts in an

rrest

situaion Officers

must

be

prepaed

to demonSae to tbe

cout

tbt

the suspect vas

able

to knowingly

and intelligeutly

waive

their

Mrada

righ.

If the

idividual

is incapable

of compehending

these rights,

the officf,

must trot

proceed

with

the

interrogation-

Officers

should be caefirl

about miscommunication.

12.

Officers shall not

rcqufue

e

fudividual

with

a

disability to bring

aotber iDdividual to

interpret for

him

or her.

offcers

shall not rely

on an adult

accompmying

an

individual with

a

disability to

hterpret

or

facilitate commrnication

except-

(i)

in

an

energency

involving

an

imminent

1fop4

16

the

safety or welfare

of

an

individual

or

the

public

where

therc

is no

interpeter available;

or

(ii)

where

the

individual

with

a.+isability

specifically

rcquests

rh.t

the

accompmying

adult

interprct or

frcilitate conmunicatioD,

the

accompanying

adult

agre6 to

povide

such

assistance,

and

reliance

on

that

adult for

such

assistaDce

is apprcprir4e

i

aer

6"

circunstancs.

Officers shall

not rcly on

a

minor

child to

intrFet

or

frcilitate

commrmicatioq

excePt

in an emergEncy

iovolving

a

im'"

i',ent

6reat to the

safety

or

wel&re

of

an

individual

or

the

public

vfrerc ther

is tro

iotrlrreta

arrailable.

Further,

ttre

DdlEe

of

the

contact

aod

General Order

30-22 Police

Interaction

with

the Hearing

tmpaired

Page

4


13/16

.

relationship

betwear

the kiDg

impaircd

iadividuai

and the individual

offering

services

must

be

I

caefully co"sidered

(ag",

victim/suspect).

13.

As

demed

approgriarc ad

safe, if a

person

vfio

is ded or heaing inpaired is

taken into

crstody,

they should be handcuffd

with

the bands to the

front

to

allow

6em

the

alility

to

commrnicate

(ie.,

sig4

gestmes

or note

writing).

14. InErviews

and iterrogatiors

of

persons

with

heaing impainneils shoul( if

possibte

be

conductd in the departneot's

video

capabte interview rooms in order

to

document lk

processes

used

for

commrmicdion and the individual's

apparent level

of

compreheasion during the

interview.

.

15. At

the corclusion

ofan

intenogation the

interpeter

should acconpany the

individual to

interpret

during

the

booking

procedure.

C. Ietr Telephones

(fTY)

1.

A

TTY,

sometimes called

a

TDD

or telecommunicatious

&vice

for

the

deaf, is

a

te:


14/16

4.

People

who

ae

deaf or

hearing impaired

md

in need

of au

auxiliay

aid

or service must not be

chrged

for

tk cost

of

the senrice needed

for

efective

communicdion

5.

O6cers will

lot normally $mmon intrpretrs to the scne

of

m incidnt where violeoce

may

rcpadize

the

interpreteds

safety. ID exigeot circumscances an

interprcter

may be taosported

to

the sceoe

ofpotential

danger,

bu only

after the

situaion

has

beea explaid

to

tb interprter

and reasouable

pecaEious

have

beeo taken to ensure tbe interprets,

s

dety.

E Incarcention

and

Transportation

1. Employees

should employ

4ppropriate

precartions

and safety techniques in arresting md

incarcemting

ail

people,

uihether

or mt they harrc a

disability.

Howwer, consideiatim Sould be

given

to

the

special needs

of

some

people

wift disabilities

in an arrest situation- Response in

these situatio$ requfus

discretion and

will

be base4

in

gred part,

on

the

officeds

howledge

of

chrasteristics

and severity of

tb disability

and the level of resistance oftibited by fu

suflest

2.

66sers

will

make

a rcsponsible efort to use the least restr'aint

possible

wbile

still

taking

all

aecessary

precamions. The

overall circrmstances

ad

the person's

potcntial

for

violence or self-

injury

will

deternine

if

handcuffs

yyill

be used to

prevem

injury to

the

individual

or

ofrer.

In

the abseoce

of

a

poramount

safety

concrrD,

a

person

urho is

deaf or hearing

imFaired

should be

hmdorfFed

yi$

tre

hands

to the

froDt to allow

the.n tbe ability to commrmicate

(.e.,

sigD,

geshres

or trote

writitrg).

3. Enployees should

be aware of the inherent

commuoicdioa

inpedinots to

ga$ering

bfomaion ftom

disahled

or impaired

individuals thrcughout

tbe

booking

process

or any oth,r

sihutioa in

itftich a

disabled

o impaired

individual

is

witin

tie

contol

of

Depamem

personnel.

Medical

screening

questions

commonly

used to

elicit

informdion

on

individual's

medical

needsr

sricidal

inclindiong

presence

of

contagious

diseaes, potential

ilness,

md ay

symptons

emlting

from

witldraml

from

certain

legal

or

iilqal

&ugs,

are

difrcuh

to

accuately

acquire

with

hearing

inpaLed

individuals

Therefore

it is importar

for

this

DParheff

to

Fovide

effective

commrmication

assisance

in these

sitroions.

IDdivi&Els

v,ho

possess

coomunication

aitls

(e.g.,

heaing

aids)

should

be

pemitted

to

reain

such

devics

yihile

in cusody.

4. As lack of

speech

or other

speech

impairment

Eakes

it difficult

for

an

arestee to

summon

assiSancc,

ftequent

in-person

cell

chec'ks

should

be conducted-

tmlsporting

officer

shall

a6fi$r

r+here

a

heaing

imFaned

lice agency,

rhat

agency

shalt also

be

appised

F.

Service

Animals

ir Public

Places

l.

under

both the

Americas

with

Disabilities

Act

and

comecticrt

Goeml

statute

46a44,

566rig9

arriynrls

42y

aCCoEp@y

impaired,

ia

any

public

building,

access is

a

class

C

misdemErnor

er

C.G.S. 46a_44.

General

Order

30-22

Police

Interaction

wit}r

the Hearing

lmpaired

Page

6


15/16

2. Service

Animal

-

Any

dog

that

is

individually taid

to do

work

or

perform

tqsks for the

be,nefit

of ao

individual with

a

disahility,

including

a

physical,

seasory,

psyc.hitic,

ieilestnl

or other

mental

ilisability.

Other species of

etrimels"

nrtether

wild

or domestig

tained or

rffiairc4 e not

slyise

animals.

Ths

vs*

61tqsk

perfonned

by a service animal mus be

directly related to the

individrul's

disability. Examples

of wotk

or

t"sk.

inclu&,

brd

ae

not

limited

to alerting indivictuals

who

ae

deaf or

heaing

impaired

to

the

prcsnc

of

people

or

somds.

G.

Reporb/Evidencc

1.

Otrcers

should

document the type of communication aid uilized in my

relaed case report

If

an interpreter

is uilized all identifring inforoation about the inrerpeter mus be inc'luded in the

rqort,

indding

tbe interpeteds nme, the time the

interpneter was caled,

ad

his/ber time of

anival

and departrre. All

r*ritea

questions

and responses

betwea md

among

police

offioers and

persons

with heaing

impairmeoB must be

rcaed as case documertaion

and

sbmitted

accoditrgly.

E

Supervimry Assistance

1. Due

to

the

vedety

hzture

and exteDt

of disabilitieq lkrc caDtrot be a single set

of

proce&r,es

that

cover

every

disability

or accommodation- Personnel

wiII

consult

with their

supertrisor

whe,nwer tbcy are uaware

of

how to accomoodare a disabled

individual

or encounter dimculty

in

accomplishing the accommodation

AUTIIORZED

BY:

WillimJ.Wright

Chief of Police

Date

Generd

Order

30-22 Police

Interaction

witl

the Hearing

Impaired

Page 7


16/16

Town

of

Wallingford

Police

Department Grievance

Procedure

Under the Americans

with

Disabilities

Act

This Grievance

Procedure

is established

to

meet

the

requirements of the

Americans

with

Disabilities

Act

fADA).

lt

may be used by anyone who wishes to

file

a

complaint

alleging discrimination

on

the

basis of disability

in

employment

practices

and

policies

or

the

provision

of services,

activities,

programs,

or

benefits

by

the

Wallingford

Police

Department.

The

complaint

qhould

be

in

writing

and contain

information

about the alleged

discrimination

such as name, address,

phone

number of complainant and

location, date,

and description

of

the

problem.

Altemative

means of filing complaints, sucfi

as

personal

interviews or a tape

recording

of

the complaint,

will be made available for

persons

with

disabilities

upon request.

The

complaint

should

be

submitted

by

the

grievant and/or his/her designee as soon

as

possible

but no later

than 60 calendar days

after lhe alleged

violation to:

Lt.

Stacy Sacharko

ADA Coordinator

Wallingford

Police Department

135 North

Main

Street

Wallingford,

CT

06492

203-29+2800

ssacharko@wallingford

pd.org

Within 15 calendar days after

receipt of the complaint,

he

ADA coordinator

will meet

with

the mmplainant

to discuss

the

complaint

and

possible

resolutbns.

Within

15

calendar days after

the meeting the ADA coordinator

will

respond in

writing,

and, where

appropriate,

in a

format accessible

to the complainant, such as

large

print,

Braille,

or

audio

tape.

The response will explain

the

position

of

the

Wallingrford

Police Department

and offer options for substantive resolution

of

the complaint.

lf the response

by

The ADA

coordinator

does

not

satisfactorily

resofue

the

issue, the

complainant

and/or his//her

desQnee

may appeal the

decision

of the ADA coordinator

within 15

calendar

days after

receipt

of the response

to the Town Attomey or

his

or her

designee.

Within

15

days

after

receipt of

the

appeal, the Town

Attorney or

his or her designee

will

meet the complainant to discuss the complaint and

possible

resolutions. Within

15

calendar

days

after

the

meeting

the

Town

Attomey or

his

or her designee will respond in

writing, and,

where

appropriate,

in

a formai accessible to the complainant, with

a

final

resolution of

the

complaint.

All

wriften

complaints

received

by the

ADA Coordinator, appeals to the Town Attomey

or his or her

designee, and

responses from the

ADA

Coordinator and

Town Attorney

or

his

or her designee

will

be kept by the ADA Coordinator and

Town Attomey for at least

three

years.

wallingford pd settlement agreement

Documents