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-RPart 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

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

of hearing.2E C-F.R $ 36.303OX1).

or
example,

sip

language interpreterss oral transliterators, and cued-language traDsliterators. 28

Page 2 of 8

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:

l. that another equally effective meals of communication is available, given the

circumstances, letrgttr, complexity, and importance of the communicatioq as well as the
communication skills of the penon who is deaf or hard of hearing; or
2. that rtre preferred

arxiliary aid or senrice would firndamentally alter the service, program,

or activity, or would result in undue financial or a.lministrative burdens, as deterrrined by the
WIPD Agency head or his or her designee. Sbe 28 C-F.R g 35.164.
rV. POLTCIES
A. Nondiscrimination: The WFPD agees that no qualified individual with a disahility shr[, on the
basis ofdisability, be excluded from particinatiea in or be denied the beDefits of its services,
prograurs, or activities, or be zubjected to discrimination by the WFPD. 28 CFR $ 35.130.

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.
$

l. Type of Auriliary Aid or service:

The type of arxiliary aid

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

individuals who are deafor hard ofhearing upon requesL

D. INTORMING THE PTIBLIC:

l.
. The signs
Page 3 of 8

will include the international

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.

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
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.

Primoy co,sideradbn, as defind above in paragraph m.c., shall

p,refened aro<iliary aid or service.

4.

be given to the person,s

Availability oflnterpreters: WFPD

a procedure for obtaining qualified
:hatl dsyglop-procedue.
interpeters. AII officers shall be trained
on this

5. yrPD

shall not rely on an adurt o.r child accompanying an individuar with

a disab ity to
intrpret or facititare communication
:p ,noir 6" iir"umstances identifi"a in
3s. I 60(c[2) and 160(c)(3).

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

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"
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.

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,
*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.

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

c'

4.

A brief, general descripion ofthe nauue of each grievance;

and

5.

A briet general descripion ofthe nature ofhow

each grievance was rcsolved.

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

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)

regarding the ADA.

will

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

serve as a resource to the WFPD's staff in all departments

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.
E.

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.

F.

Revier at Any Time: The WFPD

this Agreement at

&y '-e.

agrees that the United States may review compliance

G. Duration of the Agreement. This Agreement

Efrective Darc.

with

will be in effect for two (2) years from the

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.

IN WTINESS WHEREOF, I have hereto

set my hand and seal this

;I

,"r'ffim.

FOR THE UMTED STATES OF AMERICA

DAIY

United Sftes Attomey

S OFFICE

157 Church Street, 25th Floor

New Haverl CT 06510

Ndidi.moses@.r:sdo i. sov
Tel: (203) 821-3700
Fax: (203) ?'13-5373

STATE OF CONNECTICI.IT )
)
COUNTY OFNEW HAVEN )

ss.

New llaven

The foregoing instnrment was achowledged be

me on

Ja3ricr M!33e
NOTARV PUELIC

Stdte of ConneEtrcut
Co0m6ri,r EI9al! tzttltall,

Notary Public
Page 7 of 8

the 23' "a *,

oful

rorr.

IN WITNESS WHEREOF, I have hereto

set my hand and seal this

, rtu-

dayof

hrn.

bHt,

2015.

IN

WAILINGFOR.D POLICE DEPARTMENT

PRESENCE OF:

as

to Form and Correctless:

STATE OF CONNECTICLI)

ss.

Wallingford

COI.INTY OFNEWIIAVEN)

The foregoing instrument was acknowledged before me on the

h.

+4",

orffiil1 ro,s.

5r^..-/,1

of Superior Court

lgota+-R$$c

Page 8 of 8

Gor-rcF!

WALLINGFORD POLICE DEPARTMENT

GENERAL ORDER

>--t;' I . -1

CTIAPTER 30
NUMBER,

IITLE: POIJCE INTERACTION WITE TIIE EEARING IMPAIRSD

EFFECTIVE: Mrc8n0l5

ISSLIED:

W.J.W.

il-D

REVIEW: ANNUAL

RESCINDS: G.O. 3tr22 (DATED 8lr4f20r3)

PRIORIry
HIGH

STAIE 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
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

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

Page 1

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

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

UDds CoDnecticu law, an interp,rtter must always be cqtified. In investigatiore by law

eoforcemem agencies" a inErpreter must also be certified under coanecticut Ge,riral sumes
$46a-33 and $a6a-33a-

IV. PROCEDURES:
A. General

l. During all police depatment intra6ioDs with the hearing impaired effective commrmication
all persons

involvd

including people with hearing imtr*irmenS

and are uoderstood by, all those

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

These frctors may includg but are not limited to:

ton

one

siuraion
to

r-at* ri-..rrii"*1rur.
sutrring fio;;tiu*bilb,.

The odent to which a disability is obvio,s or othercrise made knoum

to ttre invoh/ed
employee. Qmpaired or disabl
condition
may wen feign
actual conision);
The ortent of the disability (e.g., total deafress versus limited
iryairmeut);
llg netrre, importance, aud duration ofthe law enforce,ment contact

o
o
+.

Fcognizing that vaious law enforcement eocormters may

be

poteotialy voliatile aod/or

General Order 30-22 Police Interaaio, with *re ltearing Impai.ea

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.

B Interading with the People who

arc Deaf / Eearing Impaired

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.

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 involved3. In many basic inrtrac'tions, ofrcers will find tbat oral communicaio4 snpplememed by
ges;ureq visual aids and /
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

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
.

ftce the individual and do not tum away while speaking

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;
speak slowly and distinctly, using short sefiencs and simple words;
use gestles qnd frcial expressions to r,einforce qihat you aoe saying;
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

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.

If in the prcsence ofa qualiEed

Mrada Righs,

and certified interpreter a deafsuspect elegts to vaive his/her

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
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

General Order 30-22 Police Interaction with the Hearing tmpaired

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

interprcter services collact:

hto://wwq,.cdhi-crgo:/qdhi/curpfuiw.asp?r2684&o=33999 or use the following:

Telephone requesrs: (800) 208-67% or (860) 231-1690
Fax requests: (860) 231-8746.
On-line reouest form

General Order 30-22 Police Interaction with the Hearing Impaired

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

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

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
given to the special needs of some people

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 selfinjury 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).

2.

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
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

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-

tmlsporting officer shall a6fi$r

r+here a heaing imFaned
rhat
lice agency,
agency shalt also be appised

F. Service Animals

l. under

ir

Public Places

both the Americas with Disabilities Act and

566rig9 arriynrls 42y aCCoEp@y

impaired, ia any public building,
access is a class C

misdemErnor

comecticrt Goeml statute 46a44,

er C.G.S. 46a_44.

General Order 30-22 Police Interaction wit}r the Hearing lmpaired

Page 6

taid

to do work or perform tqsks for the

- Any dog that is individually
disahility,
physical,
of
ao
individual
with
including
be,nefit
a
a
seasory, psyc.hitic, ieilestnl
etrimels"
nrtether wild or domestig tained or
or other mental ilisability. Other species of
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.
2. Service Animal

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

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

Date

Chief of Police

Generd Order 30-22 Police Interaction

witl

the Hearing Impaired

Page 7

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.