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324 Limited English Proficiency (Issued 06-19-2013)FRIDLEY POLICE DATE OF ISSUE NUMBER: GENERAL ORDER June 19, 2013 324 SUBJECT: REVISION DATE SECTION: Limited English Proficiency New Yellow I. PURPOSE Law enforcement agencies that receive Federal financial assistance are required to take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP). To carry out these legal obligations, the following policy is adopted. II. POLICY Language barriers can sometimes inhibit or even prohibit individuals with limited English proficiency (LEP) from gaining meaningful access to, or an understanding of important rights, obligations and services. It is the policy of this department to take all reasonable steps to ensure timely and equal access to all individuals, regardless of national origin or primary language. III. LEGAL BASIS Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq., the Omnibus Crime Control and Safe Streets Act of 1968, and the Minnesota Human Rights Act, Minn. Stat. §363.01 et seq. IV. DEFINITIONS Primary Language Means an individual’s native tongue or the language in which an individual most effectively communicates. Police 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 their native tongue. Personnel should make every effort to ascertain an individual’s primary language to ensure effective communication. Limited English Proficiency (LEP) 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 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. 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. Translation Is the replacement of written text from one language (source language) into an equivalent written text in another language (target language). Bilingual Refers to the ability to use two languages proficiently. ‘Qualified’ Interpreter or Translator An employee or contractor who has demonstrated his or her competence to interpret or translate through certification or a service provider authorized to provide interpreter or translation services under contract with either the Department or Central Communications. V. PROCEDURES A. Identification of LEP Individuals Language The Department will utilize all reasonably available tools, such as language identification cards and posters, when attempting to determine an LEP individual's primary language in an effort to avoid mistakes when identifying a language. B. Types of LEP Assistance Available The Department will make every reasonable effort to provide meaningful and timely assistance to LEP individuals through a variety of services, where reasonably available. LEP individuals may elect to accept LEP assistance offered by the Department at no cost or may choose to provide their own LEP assistance at their own expense. Department personnel should document in any related report whether the LEP individual elected to use LEP assistance provided by the Department or some other source. Department-provided assistance may include, but is not limited to, the methods described in this section. 1. Bilingual Staff Personnel utilized for LEP assistance need not be qualified interpreters but must have demonstrated proficiency in effective communication in both English and the non-English language. 2. Written Forms and Guidelines The Department will evaluate the need to provide critical forms in languages likely to be requested. The Department will make translated forms available to department personnel and other appropriate individuals. 3. Telephone Interpreter Services The Department utilizes Language Line as a provider of qualified interpreter services. Language Line is available via wired or cellular telephone and may be utilized to facilitate communication with LEP individuals using speaker phone or handing a phone receiver back and forth. 4. Other Sources of Interpretation Where bilingual personnel or other qualified interpreter services are unavailable to assist, responsible members of the community who have demonstrated competence in interpretation and translation (as noted above) may be called upon to assist in communication efforts. Sources for these individuals may include neighboring law enforcement agencies, university language departments, local businesses, churches, neighborhood leaders and school officials. Department personnel should ensure that community members are able to provide unbiased assistance. The nature of the contact and relationship between the LEP individual and the individual offering services must be carefully considered (e.g., victim/suspect). Except for exigent or very informal and non- confrontational circumstances, the use of a LEP individual's bilingual friends or family members, particularly children, are generally not recommended. Department personnel shall make case-by-case determinations on the appropriateness of using such individuals. C. Field Operations and Investigations 1. Field operations include such contacts as traffic stops, pedestrian stops, serving warrants and restraining orders, crowd/traffic control and other routine field contacts that may involve LEP individuals. The scope and nature of these activities and contacts will inevitably vary. Department personnel must assess each situation to determine the need and availability for translation services and utilize the methods outlined above to provide appropriate language assistance. 2. Although not every situation can be addressed in this policy, it is important that Department personnel are able to effectively communicate the reason for a contact, the need for information and the meaning or consequences of any enforcement action taken with an LEP individual. For example, it would be meaningless to request consent to search if the person requesting is unable to effectively communicate with an LEP individual. 3. Routine motor vehicle stops and the issuance of traffic citations will not normally require the services of a qualified interpreter. In situations where the need to obtain only basic information, such as address or date of birth, is needed, officers may utilize bilingual staff or other sources of interpretation. Officers are expected to be aware of potential inadequate interpretation by other sources. 4. Whenever an LEP individual is in any situation requiring “knowing” and “voluntary” actions of that person, or a situation where the suspect’s or witness’ legal rights could be adversely impacted, the officer should use an appropriate, qualified interpreter. The officer should record the interpreter’s name and contact information. Whenever possible, preference is to have any interactions with an officer, individual and qualified interpreter audio and/or video recorded. D. Complaints The Department shall ensure access to LEP persons who wish to file a complaint regarding the discharge of Department duties. The Department may do so by providing interpretation assistance or translated forms to such individuals. If the Department responds to complaints filed by LEP individuals, the Department shall attempt to communicate its response in an accessible manner.