273680

Policy 332Santa Monica Police Department Santa Monica Police Department Policy Manual Copyright Lexipol, LLC 2023/01/19, All Rights Reserved. Published with permission by Santa Monica Police DepartmentLimited English Proficiency Services - 1Limited English Proficiency Services 332.1 PURPOSE AND SCOPE This policy provides guidance to members when communicating with individuals with limited English proficiency (LEP) (42 USC § 2000d). 332.1.1 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 Santa Monica Police Department who has the ability to communicate fluently, directly and accurately in both English and another language, and has been successfully certified by the City of Santa Monica's Department of Human Resources. Bilingual members may have varying levels of proficiency and 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). 332.2 POLICY It is the policy of the Santa Monica Police Department to reasonably ensure that LEP individuals have meaningful access to law enforcement services, programs and activities. 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 and will take all reasonable steps to ensure timely and equal access. 332.3 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 Santa Monica Police Department Santa Monica Police Department Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2023/01/19, All Rights Reserved. Published with permission by Santa Monica Police DepartmentLimited English Proficiency Services - 2enforcement contacts and circumstances will vary considerably. This analysis, therefore, must remain flexible and will require an ongoing balance of four factors, which are: (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. As indicated above, the intent of this analysis is to provide a balance that reasonably ensures meaningful access by LEP individuals to critical services while not imposing undue burdens on the Department or Department personnel. While this Department will not discriminate against or deny any individual access to services, rights or programs based upon national origin or any other protected right, the above analysis will be utilized to determine the availability and level of assistance provided to any LEP individual or group. 332.4 TYPES OF LEP ASSISTANCE AVAILABLE Depending on the balance of the above four factors, the Department will make every reasonable effort to provide meaningful and timely assistance to LEP individuals through a variety of services where available. The Department will utilize all reasonably available tools, such as language identification cards, when attempting to determine an LEP individual's primary language. LEP individuals may choose to accept Department-provided LEP services at no cost or they may choose to provide their own at their own expense. Department-provided LEP services may include, but are not limited to, the assistance methods described in this policy. 332.5 WRITTEN FORMS AND GUIDELINES The Department will determine the most frequently used critical forms and guidelines and translate these documents into the languages most likely to be requested. The Department will arrange to make these translated forms available to Department personnel and other appropriate individuals. 332.6 AUDIO RECORDINGS The Department may develop audio recordings of important or frequently requested information in a language most likely to be understood by those LEP individuals who are representative of the community being served. Santa Monica Police Department Santa Monica Police Department Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2023/01/19, All Rights Reserved. Published with permission by Santa Monica Police DepartmentLimited English Proficiency Services - 3332.7 QUALIFIED BILINGUAL MEMBERS Bilingual members may be qualified to provide LEP services when they have been certified by the City of Santa Monica's Department of Human Resources and have demonstrated a sufficient level of skill and competence to fluently communicate in both English and a non-English language