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Final LEP TRAINING [Read-Only] LIMITED ENGLISH PSO HARTNETTPSO RAMIREZPIN:ACCOUNT:-INTERPRETER LINE: 1POLICY 368 PROFICIENCY Title VI, 42 U.S.C. 2000d et seq. It was enacted as part of the landmark Civil Rights Act of 1964. It prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. Title VI, 42 U.S.C. 2000d et seq. The Supreme Court decided over three decades ago that a federal fund receipient's denial of an education to a group of non-english speakers violated Title VI and its implementing regulations. Lau v. Nichols, 414 U.S. 563,569(1974). As the Court explained, "{I}t seems obvious that the Chinese-speaking minority receive fewer benefits than the English speaking majority from respondents' school system which denies them a meaningful opportunity to participate in the educational program -all earmarks of the discrimination banned by" Title VI regulations. ID. at 568; see also id. at 570-71 (Stewart, J. , Concurring in result). Title VI, 42 U.S.C. 2000d et seq. Since the Supreme Court's decision in Lau, other courts have found that the failure by a recipient to provide meaningful access to LEP persons consitutes national origin deiscrimination. See, e.g., Sandoval v. Hagan, 197 F.3d 484, 510-11 (11th Cir. 1999) (holding that English-only policy for driver's license applications consituted national origin discrimination under Title VI), Rev'd on other grounds, 532 U/S/ 275(2001); Almendares v. Palmer, 284 F supp. 2d 799, 808 (N.D. Ohio 2003)(holding that allegations of failure to ensure bilingual services ina food stamp program could consistute a violation of TItle VI) Senate Bill 160 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. Purpose and Scope Language barriers can sometimes inhibit or even prohibit individals with limited English proficiency (LEP) from gaining meaningful access to, or an understanding of important rights, obligations and services. It is therefore the policy of this department to take all reasonable steps to ensure timely and equal access to all indiviudals, regardless of national origin or pirmary language (Title VI of the CIvil Rights Act of 1964 601, 42 USC 2000d) DEFINITIONS Interpreter: Any employee who is bilingual and has successfully completed department- prescribed interpreter training and is authorized to act as an interpreter or translator BILINGUAL The ability to communicate in two languages fluently, including the ability to communicate technical and law enforcement terminology. Bilingual includes a variety of skill levels. For example, some bilingual individuals may be fluent enough to engage in direct communications in a non-English language but insufficiently fluent to interpret or translate from one language into another. For example, a bilingual individual, depending on his/her skill level, could be utilized to communicate fluently in a non-English language but not to interpret between two languages if he/she does not possess the specialized skills necessary to interpret between two languages effectively. In order to be utilized to interpret or translate from one language into another, an individual must possess the skill, training and demonstrated competence to do so. Bilingual For purposes of this policy, employees, in order to be identified as bilingual, must initially and periodically demonstrate, through a procedure to be established by the Department, their level of skill and competence such that the Department is able to determine the purposes for which an employee's language skills may be used. Interpretation The act of listening to a communication in one language (source language) and orally converting it into 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) It should be noted that the Spanish language is very contextual and may not translate directly. FOUR FACTOR ANALYSIS Since there are potentially hundreds of languages department personnel could encounter, the Department will utilize the four-factor analysis outlined in the Department of Justice LEP Guideance to Federal Financial Assistance Receipients available at the DOJ website in determining which measures will provide reasonable and meaningful access to various rights, obligations, services and programs to everyone. It is recognized that law enforcement contacts and cicumstances will vary considerably. This analysis therefore, must remain flexibe and requires an ongoing balance of the following four factors: FOUR FACTOR ANALYSIS a. The number or proportion of LEP individuals eligible to be served or liekly to be encountered by department personnel or who may benefit form programs or services within the Department's jurisdiction or a particular geographic area. b. The frequency with which LEP individuals are likely to come in contact with department personnel, programs or services c. The nature and importance of the contact, program, information or service provided d. The cost of providing LEP assistance and the resources available FOUR FACTOR ANALYSIS As indicated above, the intent of this analysis is to provide a balance that reasonably ensures meaningful access by LEP individuals to critical services while not imposing undue burdens on the Department its personnel. While this department will not discriminate against or deny any individual access to services, rights or programs based upon national origin or any other protected interest or right, the above analysis will be utilized to determine the availablity and level of assistance provided to any LEP individual or group. TYPES OF LEP ASSISTANCE AVAILABLE methods described in this section. may include, but are not limited to, the assistance provided interpreter services -other source. Departmentinterpreter services provided by the Department or some report whether the LEP individual elected to use personnel should document in any related Department •expense. provide their own interpreter services at their own offered by the Department at no cost or choose to individuals may elect to accept interpreter services LEP •individuals through a variety of services, where available. provide meaningful and timely assistance to LEP this department will make every reasonable effort to Depending on the balance of the above four factors, • IDENTIFICATION OF LEP language. language in an effort to avoid misidentifying that attempting to determine an LEP individual's primary tools, such as language identification cards, when The Department will utilize all reasonably available •LANGUAGEINDIVIDUAL'S RECEIVING AND RESPONDING information by utilizing the resources listed in this policy. individuals seeking routine access to services and efforts should also be made to accommodate LEP 1 calls shall receive top priority, reasonable -1-While 9•.through any or all of the above resources1 lines -1-accommodate such LEP individuals utilizing 9personnel will make every reasonable effort to promptly lines as its top priority for language services. Department 1 -1-emergencies, this department has designated its 9witnesses to, alleged criminal activity or other access to police services when they are victims of, or order to provide LEP individuals with meaningful In •ASSISTANCETO REQUESTS FOR EMERGENCY CALLS TO 9 language skills. Dispatch Center by hiring qualified personnel with specific house language capacity in the -Resources to hire and develop inreasonable steps and will work with the Department of Human The Rohnert Park Department of Public Safety will take •available. effort to dispatch a bilingual officer to the assignment, if completing the call. Dispatchers will make every reasonable telephonic interpretation service directly for assistance in taker will promptly connect the LEP caller to the contracted -If an appropriate authorized interpreter is not available, the call•.interpretertaker should immediately connect the LEP caller to the -authorized interpreter is available in the Dispatch Center, the callappropriate -needed, the language is known and a languageappropriate emergency response. If language assistance is still whether sufficient information can be obtained to initiate an taker should quickly determine -caller is an LEP individual, the calltaker receives a call and determines that the -1 call-1-When a 9•1-1- INTERPRETERS AND TRANSLATORS authorized interpreters list. target language will be placed conditionally on the found proficient in interpreting into and from the established by the Training Coordinator. Personnel interpreter using a structured assessment tool their language skills assessed by a professional are willing to act as authorized interpreters, will have Public Safety personnel identified as bilingual, who Assessment: The Rohnert Park Department of (a) •and ethical considerations. competency (including specialized terminology) assistance will be trained annually on language skills interpret, translate, or provide other language Department personnel who are called upon to • INTERPRETERS AND TRANSLATORS into other roles, such as counselor or legal advisor. and adhere to the interpreter role without deviating specialized terms or phraseology and understand demonstrate knowledge in both languages of any both English and in the target language; ability to communicate information accurately in interpreter must demonstrate proficiency in and complete interpreter training successfully, an To •placed on the authorized interpreter list. training, the individual will be unconditionally one year. After successful completion of interpreter complete the prescribed interpreter training within the authorized interpreter list must successfully Training: All personnel conditionally placed on (b) • INTERPRETERS AND TRANSLATORS forwarded to the Dispatch Center. interpreters list is kept current and a copy is The LEP Coordinator will ensure that the authorized •of training that the interpreters have received. annual refresher training and will maintain a record Bureau shall be responsible for coordinating the from the authorized interpreter list. The Training refresher training annually or they will be removed on the authorized interpreter list must receive Personnel who have been unconditionally placed course for authorized interpreters: Refresher (c) • BILINGUAL translation, or all or none of these functions. monolingual communications, interpretation, whether his/her language skills are best suited to procedures, a level of competence to ascertain demonstrated, through established department certified as interpreters, but must have Personnel utilized for LEP services need not be •PERSONNEL BILINGUAL PERSONNEL be requested. departments who have the requisite training may are not available, personnel from other city bilingual personnel from this department When •language. English -competence in both English and the nonand/or translators must have demonstrated addition, employees who serve as interpreters involved when acting as a language conduit. In functions of an interpreter and the ethical issues individuals must demonstrate knowledge of the personnel used for communication with LEP All • CERTIFIED BILINGUAL PERSONNEL “4E31 are you available for translation?”Request: •ElizaldeDispatcher Paula •RECORDS CLERK LUPE MARTINEZ•PSO RAMIREZ•PSO KOPSHEVER•PSO LAMAISON•PSO HARTNETT•\[SPANISH\] CERTIFIED BILINGUAL INCENTIVE/BENEFITS communicate effectively with you.witnesses and/or make reports if they can Higher likelihood that community members will be •Builds rapport/trust within the community•Makes your job easier•Stipend: $175 monthly if certified• Getting Certified CERTIFICATION EXAM.TO SCHEDULE THE BILINGUAL VPERAULT@RPCITY.ORGCONTACT CERTIFIED BILINGUAL PERSONNEL duty.-be contacted when offCertified PSO’s will NOT be on call and should NOT •in the course of their investigations. may be required to translate for allied agencies You •documents/translate audio/video verbatim may be required to translate You •duties as applicable. take primary PSO scene and/or -will be tasked with translating onYou •EXPECTATIONS: •\[SPANISH\] CERTIFIED BILINGUAL PERSONNEL Examination**Law Enforcement Spanish Language Oral Proficiency have successfully completed the City of Rohnert Park Spanish and were translated into English by me. I **Portions of this investigation were completed in Ex. •challenged in court. interpreter/translator as your fluency may be in your report that you are a certified Spanish interpreter/transl ator, you must ensure that you detail As a certified Spanish REPORT WRITING:•\[SPANISH\] •Proficiency Examination**Park Law Enforcement Spanish Language Oral completed the City of Rohnert who has successfully \[Name\] Spanish and were translated into English by **Portions of this investigation were completed in Ex. TELEPHONE cellular telephones. communicating with LEP individuals via official of a supervisor, to assist department personnel in services shall be available, with the approval These •maintain a list of qualified interpreter services. The Shift Supervisor and the Dispatch Supervisor will •SERVICES COMMUNITY VOLUNTEERS AND officials. businesses, banks, churches, neighborhood leaders and school departments, university languages and linguistics departments, local for these individuals may include neighboring police Sources •communication efforts. translation (as noted in above) may be called upon to assist in monolingual (direct) communication and/or in interpretation and community who have demonstrated competence in either certified staff are unavailable to assist, responsible members of the -Where competent bilingual departmental personnel or other City•INTERPRETATIONOTHER SOURCES OF COMMUNITY VOLUNTEERS AND victim/suspect). services must be carefully considered (e.g., the LEP individual and the individual offering The nature of the contact and relationship between •assistance. community members are able to provide unbiased Department personnel should ensure that •INTERPRETATIONOTHER SOURCES OF COMMUNITY VOLUNTEERS AND appropriateness of using such individuals case determinations on the -by-make caserecommended and department personnel shall particularly children, are generally not individual's bilingual friends or family members, confrontational circumstances, the use of an LEP -Except for exigent or very informal and non•INTERPRETATIONOTHER SOURCES OF Language Line PIN: 0826•ACCOUNT: 27865•0338-998-866-INTERPRETER LINE: 1• Context is important Example: 422(a)PC WRITTEN FORMS AND GUIDELINES and other appropriate individuals. translated forms available to department personnel Department will arrange to make these The •be requested. these documents into the languages most likely to used and critical forms and guidelines and translate This department will determine the most frequently • RECENTLY TRANSLATED DOCUMENTS AREA CANVAS CARD•5150 W&I ADMONITION•UP-PACK PHOTO LINE-6•FIELD ADMONITION-IN•CITIZEN’S ARREST FORM•PERMISSION TO SEARCH• Spanish EPO EPOs the Spanish AND English BOTHYou MUST provide • AUDIO LEP individuals. language most likely to be understood by involved requested by LEP individuals for broadcast in a information that is either important to or frequently The Department may develop audio recordings of •RECORDINGS Video GPM0https://www.youtube.com/watch?v=H8xNmkk LEP CONTACT SITUATIONS AND such services should be noted in the related report. services are provided to any involved LEP individual, documentation and interpretation or translation required to complete a report or when other Whenever any member of this department is •are most needed. services so that they may be targeted where they factor analysis to prioritize language -utilize the fourindividual rights are important, this department will While all law enforcement contacts, services and •REPORTING •translated into English.”Interpretation) and has been Voianceservice (approved language interpretation -departmentfollowing investigation was assisted by the Speaking. The -“The subject I contacted is Spanish•Ex: FIELD ENFORCEMENT AND an LEP individual. person requesting is unable to effectively communicate with example, be meaningless to request consent to search if the enforcement action taken with an LEP individual. It would, for information and the meaning or consequences of any communicate the reason for a contact, the need for is important that department personnel are able to effectively Although not every situation can be addressed in this policy, it •provide appropriate language assistance. 368.3 to §individuals and utilize the methods outlined in and availability for translation services to all involved LEP personnel must assess each situation to determine the need these activities and contacts will inevitably vary. Department which may involve LEP individuals. The scope and nature of orders, crowd/traffic control and other routine field contacts traffic stops, pedestrian stops, serving warrants and restraining Field enforcement will generally include such contacts as •INVESTIGATIONS F.I.TELÉFONO = PHONE NUMBERDE NÚMERO •DIRECCION/DOMICILIO = ADDRESS•EL MES PRIMERO = BIRTH MONTH FIRST-•SU CUMPLEAÑOS? = YOUR BIRTHDAY•NAMES?TIENES DOS APELLIDOS? = DO YOU HAVE 2 LAST SU NOMBRE? = YOUR NAME?• TRAFFIC LICENCIA = LICENSE•SUS DOCUMENTOS = YOUR DOCUMENTS•= PLACE YOUR HANDS HEREÍMANOS AQU• •chttps://www.youtube.com/watch?v=LgZCwFJM8C INVESTIGATIVE interpretation or translation to the court. required to establish the accuracy and trustworthiness of the person providing interpretation or translation services may be and should not be a person with an interest in the case. The an interpreter that allows for correct and effective translation, English language involved and knowledge of the functions of -have demonstrated competence in both English and the nonAny person selected as an interpreter and/or translator must •necessary. documented so that the person can be subpoenaed for trial if information for the interpreter (e.g., name, address) should be when reasonably possible. Identification and contact situations, audio recordings of the interviews should be made investigation with victims, witnesses and suspects. In such admissibility. This includes interviews conducted during an important to take certain steps to improve the chances of contain information that might be used in a criminal trial, it is In any situation where the translation of an interview may •INTERVIEWS SFPD Training Video ature=youtu.bewww.youtube.com/watch?v=i8qY1zi0tzc&fehttps://• MEDICAL MEDICINA = MEDICATION•DOLOR = PAIN•AMBULANCIA = AMBULANCE• DOMESTIC TIENE HIJOS? = DO YOU HAVE KIDS?•ARMAS? = WEAPONS?•OTRA PERSONA? = ANYONE ELSE INSIDE?•AMBULANCE?= AMBULANCIA? • CUSTODIAL INTERROGATIONS possible. and witness interviews should be used whenever reasonably evidence, audio recordings of interrogations, victim interviews investigations are documented accurately and admissible as In order to ensure that translations during criminal •all communications with LEP individuals. make every reasonable effort to accurately interpret/translate demonstrated competence in interpretation/translation and services or translated forms in these situations will have such, department personnel providing interpretation As •related criminal prosecution. a substantial impact on the evidence presented in any miscommunication during custodial interrogations may have during such situations. It is further recognized that places a high priority on providing competent interpretation during arrest and custodial interrogation, this department In an effort to ensure the rights of LEP individuals are protected •BOOKINGSAND CUSTODIAL INTERROGATIONS provide effective language services in these situations. this department to make every reasonable effort to other prisoners, therefore it is important for members of medications, or the need to segregate the arrestee from illness, resulting symptoms upon withdrawal from certain inclinations, presence of contagious diseases, potential information on an individual's medical needs, suicidal screening questions are commonly used to elicit Medical •department personnel. situation in which an LEP individual is within the control of individual throughout the booking process or any other impediments to gathering information from the LEP shall also be aware of the inherent communication Employees providing interpretation or translation services •BOOKINGSAND COMPLAINTS accessible manner. -in a languagePolicy should be translated or otherwise communicated complaining party pursuant to the Personnel Complaints Any notice required to be sent to an LEP individual as a •members of this department. individual during an investigation should not be Authorized interpreters used for any interview with an LEP accordance with the Personnel Complaints Policy. Investigations into such complaints shall be handled in •Coordinator. appropriate. Complaints will be referred to the LEP provide an authorized interpreter or translated forms, as department are able to do so. The Department may wish to file a complaint regarding members of this The Department shall ensure that LEP individuals who • TRAINING established records retention schedules. in each member's training file, in accordance with maintain records of all LEP training provided, with a copy two years thereafter. The Training Coordinator shall personnel receive refresher training at least once every all new personnel receive LEP training and that all shall be responsible for ensuring Coordinator The Training •available resources. person interpreters and other -telephonic and inauthorized -including how to access departmenttraining to personnel about LEP policies and procedures, properly trained, the Department will provide periodic positions (or having contact with those in custody) are In an effort to ensure that all personnel in public contact • SUPPLEMENTAL MATERIALS PROVIDED TO telephonic interpretation services telephone number and access code of The c) (•and availability information bilingual interpreters, languages spoken and contact certified interpretation services, -list of departmentA b) (•languages spoken and contact and shift information list of departmental bilingual employees, A (a) •LEP individuals: employees to assist in providing access and service to The following materials will be made available to •DEPARTMENT EMPLOYEES SUPPLEMENTAL MATERIALS PROVIDED TO English languages -in nonAudio recordings/warnings that are developed (f) •frequently used documents warning cards and other Miranda Translated (e) •Language identification cards (d) •DEPARTMENT EMPLOYEES MONITORING AND UPDATING considered vital documents and be translated. Department of Public Safety to assess whether they should be reviewing all new documents issued by the Rohnert Park The LEP Coordinator will also be responsible for annually •documents should be translated. to determine if there are additional languages into which vital based organizations annually in order -consult with communitycontracted language access services utilization data, and The LEP Coordinator shall assess demographic data, review •services to LEP individuals. aspects of the Rohnert Park Department of Public Safety LEP who is responsible for coordinating and implementing all The Director of Public Safety will appoint an LEP Coordinator •LANGUAGE ASSISTANCE EFFORTS IN THE WORKS WITH COMMONLY ASKED QUESTIONS/PHRASESTRAFFIC, DV, MEDICAL CALL TRANSLATION CARDS •PROFICIENCYSTIPEND FOR MODERATE VS. ADVANCED SPANISH •TRAFFIC CITE PAYMENT INSTRUCTIONS (PENDING)•LANGUAGE IDENTIFICATION CARDS•WRITTEN OR ADAPTATION OF POLICY.FULL IMPLEMENTATION OF THE POLICY AS IT IS • COMMUNITY groups. programs and services to LEP individuals and neighborhoods to provide equal access to such community groups, local businesses and such, this department will continue to work with As •success of more traditional law enforcement duties. increasingly recognized as important to the ultimate services offered by this department have become Community outreach programs and other such •OUTREACH INPUT?