Professional Documents
Culture Documents
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
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<t
or
example,
sip
Cf.R-
$ 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:<p,ressed by the qualified
individual with a disability uless the WFPD can demonstrate:
B. Efrective Communication: The WFPD shalt take appropriate steps to ensu rhar
comrnunications with applicants, participants, mernbers of the public, and companions with
disabilities are as effective as communications with others. The WFPD shall furnisll Aee of chalge,
appropriate arxiliary aids and services, as defined below in ItrA., where necssary to afford
individuals with disabilities an equal opportmity to particiFte in, and enjoy the benefits of, the
WFPD's services, programs, and activities. In order to be effective, the WFpD shall provide
arxiliary aids and services in a timely manner, and in such a way as to protect the pivacy and
independence of the individual with a disability. The WFpD shall not require an individual witl a
disability to bring another individual ro interpret for him or her. 2g CFR 35.160.
$
or sersice Decssary- to
ensure effective commrmication will vary in accordance with the method
communication used by the individual; the nauue, length, and complexity of the
communication involved; and the context in which the commrmicarton is taking phps. rr
determining what types of auxiliary aids and services are necessary, the wFpo-slar give
primary consideration, as defined above in Itr.c., to the requests of individuals with
disabilities.23 CFR g 35.160.
of
c. TELEPEONES: where telephones are available to rhe public, the wFpD shall make tcxt
telephones ("TTYs" or 'TDDs-) or equally effective telecommrmication syste,ms
available to
l.
. The signs
Page 3 of 8
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
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.
of
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
E.
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.
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
aid 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.
4.
5. yrPD
6'
zttr-n-
If the anesting or tansporting officer is aware ttrat the suspect is deaf or hanl
of hearing aod
is transferring custody of the suspec! he or she strall verbaily
advi." p"rro-"iffi-"r"toty
Page 4 of 8
of the susPect, prior to the t'aDsportation of ttle suspect, that the suspect is deafor hard
hearing.
7.
of
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
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"
date of this
Agreemenr, and will be completed within nrelve (12) montbs of"ffective
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.
A.
The
shal
B' s-lg ltp"rfi-For a period-oftwo (2) years from the effective date ofthis Agreement,
*FPD sha, send the unied st{T Arornev's office, civil Rights c*.a*rciii7Ln the
*n
steet, 25r Floor, wariagford, cr 06s l I , on the aonir,ersary
aae or th" affient, a reftr
containing the following information:
1.
c'
4.
5.
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.
will
3.
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
F.
&y '-e.
with
H. 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 <hall -contain
reasonable particulars conceming the alleged violation. If the parties are rrnatrte tp rcac[ 3
resolution within thirty (30) days of the date ofthe written notification, the United Stzces may
Page 6 of 8
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
J.
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.
;I
,"r'ffim.
DAIY
STATE OF CONNECTICI.IT )
)
COUNTY OFNEW HAVEN )
ss.
New llaven
me on
Ja3ricr M!33e
NOTARV PUELIC
Stdte of ConneEtrcut
Co0m6ri,r EI9al! tzttltall,
Notary Public
Page 7 of 8
oful
rorr.
, rtu-
dayof
hrn.
bHt,
2015.
IN
PRESENCE OF:
as
STATE OF CONNECTICLI)
ss.
Wallingford
COI.INTY OFNEWIIAVEN)
h.
+4",
orffiil1 ro,s.
5r^..-/,1
of Superior Court
lgota+-R$$c
Page 8 of 8
Gor-rcF!
>--t;' I . -1
CTIAPTER 30
NUMBER,
ISSLIED:
W.J.W.
il-D
REVIEW: ANNUAL
PRIORIry
HIGH
!.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
o
r
People who are deaf or heairy impaired ar eotitled to a level of service equivalent to
ttt"t pr,ovided to O&er pers6n5.
This AgeDcy will take appropriale ste.ps to rsure rttrr its officers md employees
communicate effectively wift people who ae deaf or heaing inpafud
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
protection ofproperty shall be the frs priority.
ad the
!I!. DEFINITIONS
;-
fttt*.u**3
Page 1
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<alrple, sign laryuage intrpetrs, oral rasliteratorC ed cxd-lmguage
tansliterators. See also 28 C-F-R- $ 35.104 aad 28 C.F.R Pt 35, App. A. Auafified
Interpreter."
UDder
IV. PROCEDURES:
A. General
l. During all police depatment intra6ioDs with the hearing impaired effective commrmication
all persons
involvd
3. Because the nat,re of any law enforcement coDtact Day vary ubsamially
to the n",ft, employees of rhis Department shourd consider a[ I"t
thm wheo drrnining how to commmicarc wit
individ.al
ton
one
siuraion
to
r-at* ri-..rrii"*1rur.
sutrring fio;;tiu*bilb,.
o
o
+.
be
Page Z
@uent
eanotiomlly charge4
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.
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
I.
ca
reading or writing Fnglis[ 6a{/es 62y a61use F.nglish as then first language.. Retain
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
o
.
o
o
o
.
Page 3
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 we4oncircarmstanceq 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.
5. In other
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.
Mrada Righs,
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
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
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 interrogationOfficers should be caefirl about miscommunication.
tbt
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 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
Page 4
relationship betwear the kiDg impaircd iadividuai and the individual offering services must be
caefully co"sidered (ag", victim/suspect).
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).
13. As
14. InErviews and iterrogatiors of persons with heaing impainneils shoul( if possibte be
processes
conductd in the departneot's video capabte interview rooms in order to document
used for commrmicdion and the individual's apparent level of compreheasion during the
lk
interview.
15. At the corclusion ofan intenogation the interpeter should acconpany the individual to
interpret during the booking procedure.
C.
Ietr
Telephones
(fTY)
A TTY, sometimes called a TDD or telecommunicatious &vice for the deaf, is a te:<t
telephone used to converse witt persons who are deaf or hearing impaired. Ttree TTYs are
arailable in Communicatiols. This device dlows an individual with a TTY to call the
Commmications Unit, type a text Eessage 5sligiting assistmce ad for the Comnrmicaions
Saffto rcspond- All public safety diTst h"rs a.e rcqufued to have a worrling knowledge of this
system- @efereoce: General Order 8l-1 entitled Public Saftty Commrmicaions Cenfier.) Atroth(
TTY is tocld wilhin the booking area to accommodate rrestes wilh headng disabilities This
device is portable ad sball be ,'titl-.d elsewhere within police headquartrs to accommodde a
deaf or hearing impaircd visitor. This secoud &vice permits both tort uaqmissions for tbe deaf
ad hmdset amplificaion for those persons with limited hearing.
1.
D. Obtaining Interpreters
1. Officers requiriDg a qualified aod certified oral or sign language iuterpreter will fist obtain the
4proval of tbe onduty Shift Commander. If interpreter senrices are needed dr:ring ao
emergeucy situaion or durirg normal business bours, a qulified and certified interprecr sball be
sought by the Shift Commander regardless ofthe time ofday or day ofthe wedc
2. If the need for gualified ad certified interpreter senrices is not urgent ad after normal
business hours, rhe Shift Commander should solicit the services for a morc conve,rient time for
all prties concerned.
3. For qualified
.
o
.
.
ad certfied
Page 5
4. People who ae deaf or hearing impaired md in need of au auxiliay aid or service must not be
cost of the senrice needed for efective communicdion
chrged for
tk
will lot normally $mmon intrpretrs to the scne of m incidnt where violeoce may
interpreteds safety. ID exigeot circumscances an interprcter may be taosported to
the
!rcpadize
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.
5. O6cers
E Incarcention
and Transportation
2.
ay
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-
F. Service Animals
l. under
ir
Public Places
misdemErnor
er C.G.S. 46a_44.
Page 6
taid
G.
Reporb/Evidencc
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.
1.
Supervimry Assistance
of disabilitieq
lkrc
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
Date
Chief of Police
witl
Page 7
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.