SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND GLENDALE POLICE DEPARTMENT, GLENDALE, ARIZONA DEPARTMENT OF JUSTICE COMPLAINT NUMBER XXXXX 1. This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C.  12131-12134, and section 504 of the Rehabilitation Act of 1973, as amended ("section 504") 29 U.S.C.  794, with the United States Department of Justice ("Department of Justice") against the City of Glendale Police Department ("Police Department"). Allegedly, when the Glendale police officers arrested an individual who was deaf and used sign language for communication, he requested a sign language interpreter, but no interpreter was provided. 2. The Department of Justice is authorized under 28 C.F.R. Part 35, Subpart F, to investigate fully the allegations of the complaint in this matter to determine the Police Department's compliance of the Police Department with title II of the ADA and the Justice Department's implementing regulation, issue findings, and, where appropriate, negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized under 42 U.S.C.  12133, to bring a civil action enforcing title II of the ADA should the Department of Justice fail to secure voluntary compliance pursuant to Subpart F. 3. The parties to this Settlement Agreement are the United States of America and the Glendale Police Department. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from filing civil suit in this matter. In the interest of securing compliance by voluntary means, the parties have entered into this Agreement and agree to the terms set forth below. 4. By signing this Agreement, the Police Department does not admit that the operation of its police services, policies, or practices violates in any respect the ADA or its implementing regulation. 5. The ADA applies to the Police Department because it is a public entity as defined in title II of the ADA and the title II regulation. 42 U.S.C.  12115; and 28 C.F.R.  35.104. Section 504 applies to the Police Department because it is a recipient as - 2 - defined in section 504 and the Department of Justice's regulation implementing section 504. 29 U.S.C.  794; and 28 C.F.R.  42.540. 6. The subject of this Settlement Agreement is the provision of qualified interpreting services to ensure effective communication with individuals who are deaf or hard of hearing in various police situations. 7. The Police Department agrees to furnish appropriate auxiliary aids and services when necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, the Police Department's services, programs, or activities. Auxiliary aids and services include qualified interpreters, written materials, and note pad and pen. 8. In any situation involving an individual who is deaf or hard of hearing, the Police Department agrees to give the individual the opportunity to request the auxiliary aid or service of his or her choice. The Police Department agrees to give primary consideration to the expressed choice of the individual unless the Police Department can demonstrate that another equally effective means of communication is available, or that use of the means chosen would result in a fundamental alteration in the service, program, or activity or in undue financial and administrative burdens. 9. Within 120 days of the effective date of this Agreement, the Police Department agrees that it will incorporate in its training program guidelines, which are attached, to provide that in those situations where the provision of interpreting services is necessary to ensure effective communication, the Police Department will secure such services. 10. Beginning on the effective date of this Agreement, the Police Department will instruct all of its employees who are in any way responsible for the provision of appropriate auxiliary aids and services, including qualified interpreters, to comply with the provisions of this Agreement. 11. Within 180 days of the effective date of this Agreement, the Police Department will conduct a training seminar for current personnel to address the practical application of the ADA and this Agreement to police situations. 12. This Agreement is a public document. A copy of this document or any information contained in it, may be made available to any person. The Police Department will provide a copy of this Agreement to any person on request. 13. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect to any - 3 - deadline or any other provision herein will not be construed as a waiver of its right to enforce other deadlines and provisions of this Agreement. 14. The effective date of this Agreement is the date of the last signature below. 15. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, will be enforceable under its provisions. This Agreement is limited to the facts set forth in the first paragraph, and it does not purport to remedy any other potential violations of the Americans with Disabilities Act or any other Federal law. This Agreement does not affect the Police Department's continuing responsibility to comply with all aspects of title II of the ADA. For the Glendale Police For the United States: Department: (Signature) (Signature) DAVID DOBROTKA JOHN L. WODATCH, Chief Chief of Police JOAN A. MAGAGNA, Deputy Chief Glendale, Arizona ROBERT J. MATHER, Attorney 85301 Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 Date 11-13-95 Date 3-21-96 Attachment GLENDALE POLICE DEPARTMENT GUIDELINES FOR TRAINING ON EFFECTIVE COMMUNICATION IN POLICE SITUATIONS INVOLVING INDIVIDUALS WITH HEARING IMPAIRMENTS Successful police contact with citizens is characterized by effective communication between the parties whether it is a suspect, victim, or complainant with whom the officer is talking. As such, police officers encountering an individual with hearing impairment should use appropriate auxiliary aids and services whenever necessary to ensure effective communication with the individual. Auxiliary aids and services include qualified interpreters, written materials, note pads, and other effective methods of making aurally delivered materials available to individuals with hearing impairments. When an auxiliary aid or service is required to ensure effective communication, the Glendale Police Department must provide an opportunity for individuals with hearing impairments to request the auxiliary aids and services of their choice and must give primary consideration to the choice expressed by the individuals. "Primary consideration" means that the Glendale Police Department must honor the choice, unless it can show that another equally effective means of communication is available, or that use of the means chosen would result in a fundamental alteration in the nature of its service, program, or activity or in undue financial and administrative burdens. Police contact with citizens occurs most frequently during routine traffic stops. In situations involving drivers who are deaf and use sign language for communication, the officer should use appropriate sign language to initiate the exchange with the driver and should explain in writing the necessity for a stop and citation if the driver is to be charged with a traffic violation. The officer may not ask a family member or friend of the driver to interpret. These guidelines address only those situations where a police officer, after consulting with the individual with a hearing impairment, determines that the services of a qualified interpreter are necessary to ensure effective communication. A. Arrest Upon Probable Cause Without An Interview In circumstances where an individual without a hearing impairment would have been arrested on probable cause without an interview, then a suspect with a hearing - 2 - impairment in the same situation usually does not need to be provided with a qualified interpreter. However, a qualified interpreter may be required if an officer is unable to convey to the arrestee the nature of the criminal charges by communicating on a note pad or by using another means of communication. The arrestee should be transported to a holding cell at the Public Safety Building where either the arresting officer or the transporting officer can convey the information through the interpreter when he or she arrives. B. Interview Needed to Arrest Individual With A Hearing Impairment If a police officer needs to interview a suspect with a hearing impairment to determine if there is probable cause to make an arrest, a qualified interpreter must be provided if the written communication is ineffective. When the services of a qualified interpreter are required to provide effective communication, but the officer cannot wait until a qualified interpreter arrives because the officer has to respond to another more urgent call, the following procedures apply: 1) If the investigation does not involve a serious offense, the officer must postpone the interview and possible arrest until the officer can return to the scene when a qualified interpreter is present. If this is not possible, the officer must document his or her investigation as completely as possible and file the appropriate report. 2) If the investigation involves a serious offense, the officer, before leaving the scene, must contact the appropriate Investigations Division supervisor and advise the supervisor of the case. The supervisor will determine if a detective will be called in to wait for a qualified interpreter. If not, the officer must document his or her investigation as completely as possible and file the appropriate report. C. Interrogating An Arrestee With A Hearing Impairment If an officer cannot effectively inform the arrestee of the Miranda warnings without the use of an interpreter, then the officer must secure the services of a qualified interpreter in order to communicate accurately the warnings to the arrestee prior to any interrogation. An officer seeking to interrogate an arrestee with a hearing impairment must obtain the services of a qualified - 3 - interpreter prior to any interrogation whenever an interpreter is needed for effective communication. If exigent circumstances do not permit a delay in the interrogation of the arrestee, if an interpreter cannot be located within a reasonable period of time (which should occur very infrequently), if written communication between the officer and the arrestee was effective in conveying an understanding of the Miranda warnings, or if the arrestee specifically declines the opportunity to communicate through an interpreter, the officer may proceed with the interrogation by using a note pad. However, if written communication becomes ineffective, for example, because the factual pattern is complex, because the arrestee is having difficulty communicating without an interpreter, or because the arrestee chooses to discontinue the interrogation, the officer must discontinue the interrogation and wait until a qualified interpreter is present before continuing the interrogation. In most instances a qualified interpreter will be available and the interrogation will not be delayed. D. Issuance of Appearance Ticket In circumstances in which an individual without a hearing impairment would be issued an appearance ticket without being questioned by the investigating officer, then a suspect with a hearing impairment in the same situation does not need to be provided with a qualified interpreter. If an officer has stopped a suspect for committing a non-criminal infraction and if the officer is unable to convey to the violator the nature of the non-criminal infraction by communicating on a note pad or by using another means of communication, then the officer should use his or her discretion as to whether to call a qualified interpreter to the scene or whether to issue a warning rather than a citation. E. Interviewing A Victim or Critical Witness With A Hearing Impairment If an officer is able to communicate effectively by writing questions on a note pad and having the victim or witness with a hearing impairment write his or her responses, then the officer may proceed with the interview using a note pad. However, if an investigating officer is unable to communicate effectively with a victim or critical witness by using a note pad or some other means of communication other than a qualified interpreter, then the investigating officer must provide the victim or critical witness with a qualified interpreter. If the investigating officer cannot wait until a qualified interpreter arrives because the officer has to respond to another more urgent call, the following procedures apply: - 4 - 1) If the investigation does not involve a serious offense, then (a) the officer can have a qualified interpreter dispatched to the victim's or critical witness's location and request the dispatcher re- contact the officer when the interpreter arrives. If a qualified interpreter is unable to respond or if the officer cannot return to the scene, the officer must document his or her investigation as completely as possible and file the appropriate report; or (b) the officer can ask the victim or critical witness to come voluntarily to the section office when a qualified interpreter is available. At that time, the investigating officer can return to the station to complete the investigation. If a qualified interpreter is unable to respond or if the officer cannot return to the station, the officer must document his or her investigation as completely as possible and file the appropriate report. 2) If the investigation does involve a serious offense and if the victim or witness with a hearing impairment is critical to establishing probable cause for an arrest or for completing the investigation, then the investigating officer, before leaving the scene, must contact his or her supervisor and advise the supervisor of the case. The supervisor will determine if an investigator will be called in to wait for a qualified interpreter. If the supervisor determines that an investigator will not be responding; and if neither option (1)(a) nor (1)(b) above is available, then the officer may leave the victim(s) or witness(es) at the scene. The investigating officer must then document his or her investigation as completing as possible and file the report. F. Obtaining Qualified Interpreters Officers will arrange for a qualified interpreter the Valley Center for the deaf and request that a qualified interpreter be provided. If the person requests an interpreter other than from the Valley Center for the Deaf, the request should be honored if the interpreter is available and qualified. G. Reports/Evidence All identifying information on the interpreter must be included in the report, including the interpreter's name, the time the interpreter was called, and his/her time of arrival and departure. All written questions and responses between and among police officers and persons with hearing impairments must be treated as evidence and handled accordingly.