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Policy 334Santa Ana Police Department Santa Ana PD Policy Manual Copyright Lexipol, LLC 2019/09/20, All Rights Reserved. Published with permission by Santa Ana Police DepartmentCommunications with Persons with Disabilities - 1Communications with Persons with Disabilities 334.1 PURPOSE AND SCOPE This policy provides guidance to members when communicating with individuals with disabilities, including those who are deaf or hard of hearing, have impaired speech or vision, or are blind. 334.1.1 DEFINITIONS Definitions related to this policy include: Auxiliary aids - Tools used to communicate with people who have a disability or impairment. They include, but are not limited to, the use of gestures or visual aids to supplement oral communication; a notepad and pen or pencil to exchange written notes; a computer or typewriter; an assistive listening system or device to amplify sound; a teletypewriter (TTY) or videophones (video relay service or VRS); taped text; qualified readers; or a qualified interpreter. Disability or impairment - A physical or mental impairment that substantially limits a major life activity, including hearing or seeing, regardless of whether the disabled person uses assistive or adaptive devices or auxiliary aids. Individuals who wear ordinary eyeglasses or contact lenses are not considered to have a disability (42 USC § 12102). Qualified interpreter - A person who is able to interpret effectively, accurately and impartially, both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include oral interpreters, translators, sign language interpreters and intermediary interpreters. 334.2 POLICY It is the policy of the Santa Ana Police Department to reasonably ensure people with disabilities, including victims, witnesses, suspects and arrestees have equal access to law enforcement services, programs and activities. Members must make efforts to communicate effectively with individuals with disabilities. The Department will not discriminate against or deny any individual access to services, rights or programs based upon disabilities. 334.3 AMERICANS WITH DISABILITIES (ADA) COORDINATOR The Chief of Police shall delegate certain responsibilities to an ADA Coordinator (28 CFR 35.107). The ADA Coordinator shall be appointed by, and directly responsible, to the Administration Bureau Commander or the authorized designee. The responsibilities of the ADA Coordinator shall include, but not be limited to: (a)Working with the City ADA coordinator regarding the Santa Ana Police Department’s efforts to ensure equal access to services, programs and activities. (b)Developing reports, new procedures, or recommending modifications to this policy. Santa Ana Police Department Santa Ana PD Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2019/09/20, All Rights Reserved. Published with permission by Santa Ana Police DepartmentCommunications with Persons with Disabilities - 2(c)Acting as a liaison with local disability advocacy groups or other disability groups regarding access to department services, programs and activities. (d)Ensuring that a list of qualified interpreter services is maintained and available to each Watch Commander and Communications Manager. The list should include information regarding the following: 1.Contact information 2.Availability (e)Developing procedures that will enable members to access auxiliary aids or services, including qualified interpreters, and ensure the procedures are available to all members. (f)Ensuring signage is posted in appropriate areas, indicating that auxiliary aids are available free of charge to people with disabilities. (g)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. 334.4 FACTORS TO CONSIDER Because the nature of any law enforcement contact may vary substantially from one situation to the next, members of this department should consider all information reasonably available to them when determining how to communicate with an individual with a disability. Members should carefully balance all known factors in an effort to reasonably ensure people who are disabled have equal access to services, programs and activities. These factors may include, but are not limited to: (a)Members should not always assume that effective communication is being achieved. The fact that an individual appears to be nodding in agreement does not always mean he/she completely understands the message. When there is any doubt, members should ask the individual to communicate back or otherwise demonstrate their understanding. (b)The nature of the disability (e.g., deafness or blindness vs. hard of hearing or low vision). (c)The nature of the law enforcement contact (e.g., emergency vs. non-emergency, custodial vs. consensual contact). (d)The availability of auxiliary aids. The fact that a particular aid is not available does not eliminate the obligation to reasonably ensure access. However, in an emergency, availability may factor into the type of aid used. 334.5 INITIAL AND IMMEDIATE CONSIDERATIONS Recognizing that various law enforcement encounters may be potentially volatile and/or emotionally charged, members should remain alert to the possibility of communication problems. Santa Ana Police Department Santa Ana PD Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2019/09/20, All Rights Reserved. Published with permission by Santa Ana Police DepartmentCommunications with Persons with Disabilities - 3Members should exercise special care in the use of all gestures, and verbal and written communication to minimize initial confusion and misunderstanding when dealing with any individual with known or suspected disabilities. In a non-emergency situation, when a member knows or suspects an individual requires assistance to effectively communicate, the member shall identify the individual’s choice of auxiliary aid or service. The individual’s preferred communication method must be honored unless another effective method of