61391190.pdf

\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER TITLE ACCREDITATION Limited English Proficiency CALEA 1.2.9, 55.1.1.c Guidelines PRIOR REVISIONS 06/17/2019, 11/21/2019 PROPONENT UNIT Administrative Services Bureau ATTACHMENT: None NUMBER ISSUE DATE REVISION DATE TOTAL PAGE 40.38 06/17/2019 07/16/2024 6 I. PURPOSE: The purpose of this General Order is to establish effective guidelines, consistent with Title VI of the Civil Rights Act of 1964 and the Omnibus Crime Control and Safe Streets Act of 1968.The Gainesville Police Department (GPD) recognizes the importance of effective, unbiased and accurate communication between its personnel and the community that they serve. Language barriers can impede effective and accurate communication in a variety of ways. They can sometimes inhibit or even prohibit individuals with Limited English proficiency (LEP) from accessing and/or understanding important rights, obligations, and services, or from communicating accurately and effectively in difficult situations. Hindered communication with LEP victims, witnesses, suspects, and community members can present GPD with safety, evidentiary, and ethical challenges. Ensuring maximum communication ability between law enforcement and all segments of the community serves the interest of both. II. POLICY: GPD’s policy is to take reasonable steps to provide timely, meaningful access to LEP persons to the services and benefits GPD provides, in all GPD programs or activities. All GPD personnel shall provide free language assistance services to LEP individuals whom they encounter or whenever an LEP individual requests language assistance services. GPD personnel will inform members of the public that language assistance services are available free of charge to LEP persons and that GPD personnel will provide these services to them. III. DEFINITIONS: A. Primary Language: means an individual’s native tongue or the language in which an individual most effectively communicates. GPD personnel should avoid assumptions about an individual’s primary language. For example, not all individuals from Central America speak Spanish fluently. Instead, some Central Americans may claim an indigenous language as the native tongue. GPD personnel should make every effort to ascertain an individual’s primary language to ensure effective communication.\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT B. Limited English Proficiency: 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 the 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 inefficient in other situations. C. Interpretation: is the act of listening to a communication in one language (source language) and orally converting it to another language (target language) while retaining the same meaning. D. Translation: is the replacement of written text from one language (source language) into an equivalent written text in another language (target language.) E. Multi-Lingual: refers to the ability to use two or more languages proficiently. F. GPD Authorized Interpreter (GPDAI): is a multi-lingual GPD employee who has been authorized to interpret for others in certain situations. They have been assessed by the agency approved service. G. GPDAI List: is an accounting of GPD personnel who are multi-lingual and are authorized to act as interpreters. The Personnel Division will create and maintain the list and provide it to the Alachua County Combined Communications Center (CCC). III. PROCEDURE A. GPD Personnel Requesting Interpretation Services: 1. Responding GPD personnel responsibilities: GPD personnel in need of interpretation services will attempt to identify the LEP individual’s primary language through the use of the language identification card. The member shall immediately notify the Combined Communication Center (CCC) of the requested language and the need for a GPDAI and/or or utilize the language line. If a GPDAI is unable to respond in person, the requesting department member shall facilitate a recorded phone conversation via CCC. 2. Exigent Circumstances: GPD personnel are expected to follow the policy outlined in this General Order, however exigent circumstances may require some deviations. In such situations, personnel are to use the most reliable, temporary interpreter available, such as google translate or other agency personnel. Examples of situations may include the need to obtain descriptive information on a fleeing suspect, or identifying information of an injured person. However, once 2\n\n--- Page 3 ---\n\nGAINESVILLE POLICE DEPARTMENT an exigency has passed, all personnel are expected to revert to the procedures in this General Order. 3. Family, Friends, and Bystanders: In other than exigent circumstances, GPD personnel should only use family, friends, or bystanders for interpreting in very informal, non-confrontational contexts, and only to obtain basic information at the request of the LEP individual. Using family, friends, or bystanders to interpret could result in a breach of confidentiality, a conflict of interest, or an inadequate interpretation. Barring exigent circumstances, GDP personnel should not use a minor to provide interpreter services. 4. CCC Responsibilities: CCC will consult the Computer Aided Dispatch Screen (CAD) and GPDAI list on the intranet to determine if any GPDAI are currently working to assist with the LEP request. If no GPDAI are available via CAD, they will make a request on all radio channels for any GPDAI available to assist. Supervisors have the authority to request a GPDAI to be called out to respond to the scene or telephonically. CCC will advise that no GPDAI is available and the requesting unit must follow the procedure for telephone interpretation services or in-person via the contracted service. B. Interrogation , Interviews and Complaints: 1. Criminal Investigations and Crime Witness Interviews: These scenarios potentially involve statements with evidentiary value upon which a witness may be impeached in court. As such, accuracy is a priority. Moreover, a failure to protect the rights of LEP individuals during arrests and interrogation presents risks to the integrity of the investigation. GPD personnel must recognize that miscommunication during the investigations or crime witness interviews may have a substantial impact on the evidence presented in any related criminal prosecution. A GPDAI or contracted service shall be used for any interrogation or taking of a formal statement where the suspect or witness’ legal rights could be adversely impacted. Complex investigations may warrant the use of an in-person or phone interpreter- a contracted service shall be utilized. Note: Miranda Warnings and all other vital written materials, will be available to the suspect or witness in his or her primary language. In the case of a language into which forms have not been translated and in the case of illiteracy, forms will be read to the suspect or witness in his or her primary language using the GPDAI, language line or contracted interpretation service. 2. Complaint Procedures for LEP Persons: Any LEP individual, who wishes to file a complaint with GPD regarding language access, or the discharge of GPD’s 3\n\n--- Page 4 ---\n\nGAINESVILLE POLICE DEPARTMENT duties, shall be provided with translated Internal Affairs Division (IAD) complaint forms. The assigned IAD investigator shall utilize the contracted translation service when conducting interviews of LEP complaints or witnesses. The IAD will provide written notice of the disposition of any LEP complaint in the complainant’s primary language. NOTE: In the event formal discipl