Police Department Policy

368_-_Limited_English_Proficiency_Services

Mountain View PD

Policy Text
Policy 368Mountain View Police Department Mountain View PD Policy Manual Copyright Lexipol, LLC 2019/12/16, All Rights Reserved. Published with permission by Mountain View Police DepartmentLimited English Proficiency Services - 1Limited English Proficiency Services 368.1 PURPOSE AND SCOPE This policy provides guidance to members when communicating with individuals with limited English proficiency (LEP) (42 USC § 2000d). 368.1.1 DEFINITIONS Definitions related to this policy include: Authorized interpreter - A person who has been screened and authorized by the Department to act as an interpreter and/or translator for others. Interpret or interpretation - 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. Limited English proficient (LEP) - Any individual whose primary language is not English and who has a limited ability to read, write, speak or understand English. These 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. Qualified bilingual member - A member of the Mountain View Police Department, designated by the Department, who has the ability to communicate fluently, directly and accurately in both English and another language. Bilingual members may be fluent enough to communicate in a non-English language but may not be sufficiently fluent to interpret or translate from one language into another. Translate or translation - The replacement of written text from one language (source language) into an equivalent written text (target language). 368.2 POLICY It is the policy of the Mountain View Police Department to reasonably ensure that LEP individuals have meaningful access to law enforcement services, programs and activities, while not imposing undue burdens on its members. The 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. 368.3 LEP COORDINATOR The Police Chief shall delegate certain responsibilities to an LEP Coordinator. The LEP Coordinator shall be appointed by, and directly responsible to, the Field Operations Captain or the authorized designee. The responsibilities of the LEP Coordinator include, but are not limited to: Mountain View Police Department Mountain View PD Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2019/12/16, All Rights Reserved. Published with permission by Mountain View Police DepartmentLimited English Proficiency Services - 2(a)Coordinating and implementing all aspects of the Mountain View Police Department's LEP services to LEP individuals. (b)Developing procedures that will enable members to access LEP services, including telephonic interpreters, and ensuring the procedures are available to all members. (c)Ensuring that a list of all qualified bilingual members and authorized interpreters is maintained and available to each Watch Commander and Communications Operations Manager. The list should include information regarding the following: 1.Languages spoken 2.Contact information 3.Availability (d)Ensuring signage stating that interpreters are available free of charge to LEP individuals is posted in appropriate areas and in the most commonly spoken languages. (e)Reviewing existing and newly developed documents to determine which are vital documents and should be translated, and into which languages the documents should be translated. (f)Annually assessing demographic data and other resources, including contracted language services utilization data and community-based organizations, to determine if there are additional documents or languages that are appropriate for translation. (g)Identifying standards and assessments to be used by the Department to qualify individuals as qualified bilingual members or authorized interpreters. (h)Periodically reviewing efforts of the Department in providing meaningful access to LEP individuals, and, as appropriate, developing reports, new procedures or recommending modifications to this policy. (i)Receiving and responding to complaints regarding department LEP services. (j)Ensuring appropriate processes are in place to provide for the prompt and equitable resolution of complaints and inquiries regarding discrimination in access to department services, programs and activities. 368.4 FOUR-FACTOR ANALYSIS Since there are many different languages that members could encounter, the Department will utilize the four-factor analysis outlined in the U.S. Department of Justice (DOJ) Guidance to Federal Financial Assistance Recipients, available at the DOJ website, to determine which measures will provide meaningful access to its services and programs. It is recognized that law enforcement contacts and circumstances will vary considerably. This analysis, therefore, must remain flexible and will require an ongoing balance of four factors, which are: Mountain View Police Department Mountain View PD Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2019/12/16, All Rights Reserved. Published with permission by Mountain View Police DepartmentLimited English Proficiency Services - 3(a)The number or proportion of LEP individuals eligible to be served or likely to be encountered by department members, or who may benefit from programs or services within the jurisdiction of the Department or a particular geographic area. (b)The frequency with which LEP individuals are likely to come in contact with department members, 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. 368.5 TYPES OF LEP ASSISTANCE AVAILABLE Mountain View Police Department members should never refuse service to an LEP individual who

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