Signature: Signed by GNT Date Signed: 8/21/13

Transcription

1 Atlanta Police Department Policy Manual Standard Operating Procedure Effective Date August 30, 2013 Limited English Proficiency Applicable To: All employees Approval Authority: Chief George N. Turner Signature: Signed by GNT Date Signed: 8/21/13 Table of Content 1. PURPOSE 1 2. POLICY 1 3. RESPONSIBILITIES 1 4. ACTION Language Assistance Officers Requesting Interpretation Services Certified Interpreters Conducting Interrogations and Interviews Translating of Departmental Forms Complaint Procedures Public Notification of Language Services Monitoring Services 5 5. DEFINITIONS 6 6. CANCELLATIONS 6 7. REFERENCES 6 1. PURPOSE 2. POLICY The Atlanta Police Department recognizes the importance of communicating effectively with the people it serves. Language barriers may prevent people with Limited English Proficiency (LEP) from accessing essential police services, understanding their rights, obligations, and cooperating with community policing efforts to improve public safety. Ineffective communication with LEP victims, witnesses, suspects, and community members may present the department with safety, evidentiary, and ethical challenges. Ensuring optimum communication between the department and all segments of the community serves the interests of both. The purpose of this directive is to establish departmental guidelines, consistent with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, and the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. 3789d(c) (1), and Executive Order of August 11, 2000, to provide language assistance services to the City of Atlanta s LEP community. The Department s policy is to provide timely, meaningful access of departmental services to LEP persons, whom they encounter or upon request. 3. RESPONSIBILITIES 3.1 The Chief of Police is responsible for the Department's written directive system. This responsibility includes the authority to issue, modify, and approve special orders, standard operating procedures, and manuals pertaining to language access services. (CALEA Edition 5.7, Standard b) 3.2 Division and section commanders are responsible for implementing applicable departmental directives within their respective commands. They shall draft directives for consideration by the Chief of Police and format their command memoranda as required in this directive. Command Form APD-700, revised 2/04

2 memoranda shall conform to federal and state law, City of Atlanta ordinance, Department policies and procedures, and the standards set by the Commission on Accreditation for Law Enforcement Agencies (CALEA) and the State Law Enforcement Certification Program. Commanders shall ensure that at each worksite employees are aware of and have access to the written directives on Horizon and issued an annual CD of the written directive system. (CALEA Edition 5.7, Standard c) 3.3 The Training Section commander is responsible for issuing, reviewing, and maintaining training material and shall coordinate training on new and revised directives, ordinances, and laws pertaining to language access services. (CALEA Edition 5.7, Standard c) 3.4 The Planning, Research, and Accreditation Unit shall manage the Department's written directive system; including formatting, publishing, maintaining, and reviewing of departmental directives and command memorandum pertaining to language access services for compliance with federal and state law, City of Atlanta ordinance, Department policies and procedures, and the standards set by the Commission on Accreditation for Law Enforcement Agencies and the State Law Enforcement Certification Program. (CALEA Edition 5.7, Standard i) 3.5 Watch and unit supervisors shall document on the daily Roll Call Assignment Sheet (Form APD 680) all officers under their supervision that are certified interpreters and the language they are proficient in. 3.6 The Hispanic Liaison within the Community Services Division (CSD) shall make their services available to the Spanish speaking community groups within the City of Atlanta. 3.7 Employees shall inform the Department of their foreign language skills by including this information on Employee Data Sheet (Form APD 200). 4. ACTION 4.1 Language Assistance When it is apparent that effective communication between a citizen and a Department employee may not occur due to language barriers, the employee shall attempt to evaluate the language barrier. This also shall apply whenever a LEP person request language services When a Communications call taker receives a telephone call from a member of the general public and is unable to communicate with them effectively due to the being LEP, the Communications call taker shall refer the caller to a certified interpreter working in the Communications Section. If no certified interpreter in the required language is available, the dispatcher shall call the AT&T Language Line ( ) and connect the caller with an interpreter by telephone. (APD.SOP.6010 Communications Section ) The operator shall advise the dispatcher that the caller is an LEP individual and indicate their primary language, if known, so the responding officer shall know prior to arriving at the scene. The dispatcher shall make every effort to dispatch a certified interpreter to the scene to assist the officer The Department shall take reasonable steps to develop in-house language capacity in the Communications Section. The Department shall determine its Communications Section s Page 2 of 7

3 staffing needs, and work with the Department of Human Resources to recruit and hire qualified staff with foreign language skills. 4.2 Officers Requesting Interpretation Services Officers shall attempt to identify the LEP individual s primary language with use of a Language Identification Guide (US Department of Commerce DB-3309) and contact the Communications Section to request interpretation services in the form of a certified interpreter or have the Section personnel call the AT&T Language Line ( ) for assistance Officers should only use the general public for interpreting in an informal, non-confrontational context, and only to obtain basic information at the request of the LEP individual. Officers should not use minors to provide interpreter services, unless absolutely necessary. 4.3 Certified Interpreters All certified interpreter testing and the outside entity conducting the testing shall be approved by the Chief of Police. Employee s failing their initial Spanish language proficiency test may retest at their own expense during the calendar year In accordance with the City of Atlanta Ordinance , Section , the City of Atlanta will provide a 2% increase in salary for employees who test proficient in the Spanish language according to the grading scale established by the testing entity Sworn police appointments and ranks eligible for the increase include: 1. Captain; 2. Lieutenant; 3. Sergeant; 4. Investigator; 5. Senior Police Officer (SPO); 6. Police Officer; and 7. Police Recruits (assigned to the Training Academy for their basic mandate training) Civilian positions eligible for the increase include: Operator, Communications Dispatcher; 2. Communications Dispatcher, Senior; 3. Communications Dispatcher Supervisors; and 4. E911 Shift Managers. Page 3 of 7

4 4.3.5 Interpretation services shall be available to all employees when interacting with LEP individuals. The Communications Section shall be the central conduit for connecting employees with a certified interpreter if none are present at the requested worksite Employees in need of interpretation services by a certified interpreter should contact their direct supervisor, who shall first review the Roll Call Assignment Sheet (Form APD 680) for that day and watch for to determine if a certified officer interpreter is available to respond. If none are available in their assigned worksite, the supervisor shall contact the Communications Section, speak with a supervisor, and provide them with the employee s name, and radio number A Communications supervisor shall review all current Roll Call Assignments Sheets (APD Form 680) watch for an certified officer interpreter working in another zone or worksite. If a certified officer interpreter is located, the Communications supervisor shall make contact with them and relay all relevant information The certified officer interpreter shall call the officer in need of the interpretation services to assist him. If the certified officer interpreter is needed at the call scene, they shall advise their supervisor and dispatcher before leaving their zone or worksite in route to the call scene Once the certified officer interpreter is prepared, the officers shall conduct the interview speaking through the interpreter. Under no circumstances shall the certified officer interpreter independently question an LEP individual. It is their role to serve as a neutral third party; not to interject their perspective into the communication between the officer and the LEP individual If the officer believes that the assigned certified officer interpreter has a conflict of interest, biased either in favor of or against the LEP person, or other legitimate reasons for refusing their services, they shall advise their supervisor. The supervisor shall determine whether the situation warrants requesting a different certified interpreter. The officer shall document the certified interpreter change in an Incident Crime Information System (ICIS) report Under exigent circumstances; such as, but not limited to, obtaining descriptive information about a fleeing suspect or identifying an injured person, an officer may use the most reliable temporary interpreter available. 4.4 Conducting Interrogations and Interviews Criminal interrogations and interviews of witnesses may involve statements with evidentiary value that may be subject to impeachment in court. Accuracy in obtaining these statements is a priority. Failure to protect the rights of LEP individuals during arrests and interrogations presents risks to the integrity of the investigation. Officers must recognize that miscommunication during interrogations or interviews may have a substantial impact on evidence presented in any criminal proceedings. Officers who are proficient in the spoken language of the suspect or witness shall conduct the interview or interrogation Miranda Warning Cards, Implied Consent (DDS 354), and all other vital documents shall be made available to LEP suspects and witnesses in their primary languages. If LEP suspects and witnesses are illiterate or speak a language where forms or vital documents are not available, a certified officer interpreter shall be made available to read the forms in their primary languages. In the event that a certified officer interpreter is not available or the subject speaks a language that is unavailable, the AT&T Language Line ( ) shall be used. (APD.SOP.6010 Communications Section ) Page 4 of 7

5 4.5 Translating of Departmental Forms The determination of which languages are to be translated shall be determined using current data from the U. S. Census Bureau and data queried from ICIS All relevant Atlanta Police Department forms (APD Forms) as determined and authorized by the Chief of Police shall be translated into the Spanish language for use and service to the Spanish speakers within the LEP community. These forms shall be translated into Spanish by an outside entity approved by the Chief of Police Population demographics shall be reviewed on a triennial basis to determine if any additional languages need to be added to the current list of translated languages. 4.6 Complaint Procedures LEP individuals who have grievances against an officer or dispatcher may file a complaint with the Office of Professional Standards (OPS). The OPS investigator assigned to the complaint shall use a certified officer interpreter when conducting any interviews. If available, a certified officer interpreter currently assigned to OPS shall be used. OPS shall provide written notice of the disposition of the investigation to the complainant in their primary language where possible. In the event that a certified officer interpreter is not available or the subject speaks a language that is unavailable, the AT&T Language Line ( ) shall be used. (APD.SOP.6010 Communications Section ) 4.7 Public Notification of Language Services All departmental worksites shall have signs posted at each public access point in the most commonly spoken languages in the City according to U. S. Census Bureau data, stating for assistance in your language (translation or interpretation) inquire here or call: (404) (See Section 7.1) The Department shall provide to LEP individuals, who may be illiterate or speak a language in which vital documents are unavailable, a certified officer interpreter to read forms and other vital documents in their primary languages. The certified officer interpreter shall assist these individuals in completing any forms or vital documents to comply with the law or safeguard their rights. In the event that a certified officer interpreter is not available, the AT&T Language Line ( ) will be used. (APD.SOP.6010 Communications Section ) 4.8 Monitoring Services The Hispanic Liaison shall be responsible for monitoring all departmental services to the Spanish speaking LEP community. The CLU shall be responsible for these duties as in concerns the non-spanish speaking LEP community The CLU shall consult with community-based organizations to determine if additional language services, other than Spanish, should be provided The Hispanic Liaison shall review all of the new documents (APD Forms) translated into the Spanish language that the Department issued in the previous calendar year, determine their validity and relevance to the general public, and oversee the issuance of newly translated documents. The findings of the review shall be reported annually to the Community Services Division (CSD) Commander. Page 5 of 7

6 4.8.4 The CLU shall review all of the new documents (APD Forms) translated into language other than Spanish that the department issued in the previous calendar year, determine their validity and relevance to the general public, and oversee the issuance of newly translated documents. The findings of the review shall be reported annually to the Community Services Division (CSD) commander The CLU commander, or his or her designee, shall be responsible for consulting with communitybased organizations to ensure that the Department is providing meaningful access of services to LEP individuals in their area of command. They shall work closely with the Hispanic Liaison in conducting this assessment If an incident occurs where language assistance service are provided, the officer shall document the use of these services in their ICIS report or Incident Report (Form APD 001). 5. DEFINITIONS 5.1 Bilingual: The ability to read, write, and speak two languages proficiently. 5.2 Interpretation: The listening to a communication in one language and converting it orally or written to another language while retaining the same meaning. 5.3 Limited English Proficiency (LEP): designates individuals whose primary language is not English and who have a limited ability to read, write, speak, or comprehend English. These individuals may be competent in certain types of communication, such as speaking, or comprehending, but deficient in other communication skills, such as 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. 5.4 Primary Language: An individual s native tongue or the language in which they most effectively communicate. 5.5 Translation: The conversion of written text in one language into written text in another language while retaining the same meaning. 6. CANCELLATIONS,, issued May 22, 2013 R1, Limited English Proficiency, issued August 1, REFERENCES 42 USC 2000d 42 USC 3789d(c) (1) Executive Order of August 11, 2000 issued by President William Jefferson Clinton Atlanta City Code Section Duties of Police Chief Atlanta City Ordinance Section Bilingual Incentive Pay Page 6 of 7

7 CALEA, 5.7, Standards, (b)(c)(i) APD.SOP.6010 Communications, effective October 1, Language Line Signage The below displayed sign is a copy of the signage used at worksites. Page 7 of 7