U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box 66118 Washington, D.C. 20035-6118 SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND SAGINAW TOWNSHIP POLICE DEPARTMENT, SAGINAW, MICHIGAN DEPARTMENT OF JUSTICE COMPLAINT NUMBER XXXX This matter was initiated by a complaint filed under Title II of the Americans with Disabilities Act (ADA), 42 U.S.C.  12131-12134, with the United States Department of Justice (Department of Justice) against the Saginaw Township Police Department (Police Department). The complaint alleged that when an individual who was deaf and used sign language for communication was arrested, his request for an interpreter was denied. The Department of Justice is authorized under 28 C.F.R. Part 35, Subpart F, to investigate fully the allegations of the complaints in this matter to determine the 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. The parties to this Agreement are the United States of America and the Saginaw Township 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 hereby agree as follows: 1. The Police Department does not admit by the signing of this Agreement that the operation of its police services, policies, or practices violates in any respect the ADA or its implementing regulation. 2. The ADA applies to the Police Department because it is a public entity as defined in the Department of Justice's regulation implementing Title II. 28 C.F.R.  35.104. - 2 - 3. The subject of this Settlement Agreement is the provision of qualified interpreting services to ensure effective communication with individuals who are deaf and hard of hearing in various police situations. 4. 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. 5. 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. 6. The Saginaw Township Police Department has developed a written policy, which is 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. 7. Copies of the policy will be provided to members of the public upon request. 8. In order to inform members of the public regarding the provisions of Title II and their applicability to the Saginaw Township Police Department, it will publish, within 30 days of the effective date of this Agreement, the following notice or an equivalent on two separate occasions in a newspaper of general circulation serving Saginaw, Michigan. In accordance with the requirements of Title II of the Americans with Disabilities Act, the Town of Saginaw will not discriminate against qualified individuals with disabilities on the basis of disability in the Saginaw Township Police Department's services, programs, or activities. The Saginaw Township Police Department will provide appropriate auxiliary aids and services, including qualified interpreters, whenever necessary to ensure effective communications with individuals who are deaf or hard of hearing. 9. The Police Department will provide a copy of the notice to any person upon request. 01-06028 - 3 - 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 60 days of the effective date of this Agreement, the Police Department will submit a report to the Department of Justice dealing with the actions it has taken to comply with the preceding provisions. This report will include copies of notices published in the newspapers. 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. The Department of Justice may review compliance with this Agreement at any time. If the Department of Justice believes that this Agreement or any requirement thereof has been violated, it may institute civil action seeking specific performance of the provisions of this Agreement in an appropriate Federal court. 14. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect to any 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. 15. The effective date of this Agreement is the date of the last signature below. 16. 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. 01-06029 - 4 - For the Saginaw Township For the United States: Police Department: Kenneth P. Ott (signature) Merrily A. Friedlander (signature) KENNETH P. OTT MERRILY A. FRIEDLANDER Chief of Police Acting Chief ROBERT J. MATHER, Attorney LINDA L. KING, Investigator Coordination & Review Section Civil Rights Division U.S. Department of Justice P.O. Box 66118 Washington, D.C. 20035-6118 Date 12-7-94 (handwritten) Date 12/22/94 (handwritten) 01-06030 SAGINAW TOWNSHIP POLICE DEPARTMENT POLICY ON EFFECTIVE COMMUNICATION IN SITUATIONS INVOLVING INDIVIDUALS WITH HEARING IMPAIRMENTS It is the policy of the Saginaw Township Police Department that it will furnish appropriate auxiliary aids and services whenever necessary to ensure effective communication with individuals with hearing impairments. 1. 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. 2. The Saginaw Township 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 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 the service, program, or activity or in undue financial and administrative burdens. 3. This policy addresses 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. COMMUNICATING WITH A SUSPECT WITH A HEARING IMPAIRMENT PRIOR TO AN ARREST WHEN A POLICE OFFICER HAS PROBABLE CAUSE WITHOUT HAVING TO INTERVIEW THE SUSPECT If an individual without a hearing impairment would have been arrested on probable cause, then a suspect with a hearing 01-06031 - 2 - impairment in the same situation does not need to be provided with a qualified interpreter. For example, if an officer responds to an aggravated battery call and upon arriving at the scene observes the victim bleeding and the individual with a hearing impairment holding a weapon in his hand and is told by witnesses and the victim that the individual with a hearing impairment struck the victim with the weapon, the officer obviously has sufficient probable cause to make a felony arrest without taking any statement from the suspect. However, a qualified interpreter may still 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. If the arrestee does not decline the opportunity to communicate through an interpreter, the arrestee should be transported to a holding cell at the Saginaw Township Police Department. Either the arresting officer or the transporting officer can convey the information through the interpreter when the interpreter arrives. B. INTERVIEWING A SUSPECT WITH A HEARING IMPAIRMENT WHEN THE POLICE OFFICER NEEDS TO INTERVIEW THE SUSPECT TO ESTABLISH PROBABLE CAUSE 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. 01-06032 - 3 - 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 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, and 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. COMMUNICATING WITH A SUSPECT WITH A HEARING IMPAIRMENT PRIOR TO THE ISSUANCE OF A NON-CRIMINAL CITATION WHEN A POLICE OFFICER HAS PROBABLE CAUSE WITHOUT HAVING TO INTERVIEW THE SUSPECT If an individual without a hearing impairment would have been issued a non-criminal citation 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. For example, if the suspect with a hearing impairment is caught on radar speeding, the investigation officer does not have to provide an interpreter to the violator. 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. 01-06033 - 4 - E. INTERVIEWING A VICTIM OR CRITICAL WITNESS WITH A HEARING IMPAIRMENT DURING AN INVESTIGATION OF AN OFFENSE 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: (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 communications division to 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 station 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 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 the supervisor determines that a detective 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 completely as possible and file the report. 01-06034 - 5 - All identifying information on the interpreter must be included in the report. All written questions and responses between and among police officers and persons with hearing impairments must be treated as evidence and handled accordingly. A copy of the written questions and responses must be forwarded with the police report, and the originals must be placed into evidence. 01-06035 U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box 66118 Washington, D.C. 20035-6118 DEC 22 1994(Stamp) Chief Kenneth P. Ott Saginaw Township Police Department 4930 Shattuck Saginaw, Michigan 48603 RE: Complaint Number 204-37-31 Dear Chief Ott: This letter is to inform you that the Settlement Agreement between the Saginaw Township Police Department and the Department of Justice concerning Title II of the Americans with Disabilities Act of 1990 (ADA) becomes effective as of the date of this letter. Enclosed is a copy of the fully-executed Settlement Agreement that resolves a complaint alleging that effective communication was not provided to a deaf person when he was arrested. The Agreement states that the Saginaw Township Police Department will provide auxiliary aids, including sign language interpreters, to ensure effective communication. Based upon the assurances made by the Police Department in this Agreement, we are closing our files in this complaint as of the date of this letter. Continued compliance is contingent upon the Police Department's completion of the actions required by the Agreement. Failure to implement the requirements of the Agreement may result in a finding of noncompliance with Title II of the ADA. The Coordination and Review Section will monitor the Police Department's progress in implementing the requirements of the Agreement. To begin the monitoring process, the Police Department will submit a written report, as required by paragraph 11 of the Agreement, on February 23, 1995, sixty days after the effective date of the Agreement. The Police Department will then submit additional reports if necessary. 01-06036 - 2 - This letter and the enclosed Agreement are not intended, and should not be construed, to cover any other issues regarding compliance with Title II which may exist and which are not specifically discussed herein. Under the Freedom of Information Act, 5 U.S.C.  522, we may be required to release this letter and other correspondence and records related to this complaint in response to a request from a third party. Should we receive such a request, we will safeguard, to the extent permitted by the Freedom of Information Act and the Privacy Act, the release of information which could constitute an unwarranted invasion of privacy. We appreciate the cooperation of the Police Department and Mr. Donald Gilbert during our investigation and settlement negotiations. If you have any questions concerning this letter, please feel free to call Linda King at (202) 307-2231. Sincerely, Merrily A. Friedlander (signature) Merrily A. Friedlander Acting Chief Coordination and Review Section Civil Rights Division Enclosure 01-06037 U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box 66118 Washington, D.C. 20035-6118 DEC 22 1994 Chief Kenneth P. Ott Saginaw Township Police Department 4930 Shattuck Saginaw, Michigan 48603 RE: Complaint Number XXXX Dear Chief Ott: This letter is to inform you that the Settlement Agreement between the Saginaw Township Police Department and the Department of Justice concerning Title II of the Americans with Disabilities Act of 1990 (ADA) becomes effective as of the date of this letter. Enclosed is a copy of the fully-executed Settlement Agreement that resolves a complaint alleging that effective communication was not provided to a deaf person when he was arrested. The Agreement states that the Saginaw Township Police Department will provide auxiliary aids, including sign language interpreters, to ensure effective communication. Based upon the assurances made by the Police Department in this Agreement, we are closing our files in this complaint as of the date of this letter. Continued compliance is contingent upon the Police Department's completion of the actions required by the Agreement. Failure to implement the requirements of the Agreement may result in a finding of noncompliance with Title II of the ADA. The Coordination and Review Section will monitor the Police Department's progress in implementing the requirements of the Agreement. To begin the monitoring process, the Police Department will submit a written report, as required by paragraph 11 of the Agreement, on February 23, 1995, sixty days after the effective date of the Agreement. The Police Department will then submit additional reports if necessary. 01-06038 - 2 - This letter and the enclosed Agreement are not intended, and should not be construed, to cover any other issues regarding compliance with Title II which may exist and which are not specifically discussed herein. Under the Freedom of Information Act, 5 U.S.C.  522, we may be required to release this letter and other correspondence and records related to this complaint in response to a request from a third party. Should we receive such a request, we will safeguard, to the extent permitted by the Freedom of Information Act and the Privacy Act, the release of information which could constitute an unwarranted invasion of privacy. We appreciate the cooperation of the Police Department and Mr. Donald Gilbert during our investigation and settlement negotiations. If you have any questions concerning this letter, please feel free to call Linda King at (202) 307-2231. Sincerely, Merrily A. Friedlander (signature) Merrily A. Friedlander Acting Chief Coordination and Review Section Civil Rights Division Enclosure 01-06039 U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box 66118 Washington, D.C. 20035-6118 DEC 22 1994 Ms. Cheryl A. Thies V.O.I.C.E. for the Hearing-Impaired 1017 So. Washington Ave. Saginaw, Michigan 48601-2556 RE: Complaint Number XXXX Dear Ms. Thies: This letter is in reference to the complaint you filed on behalf of XXXXXX with the Department of Justice, Civil Rights Division, Coordination and Review Section, alleging that effective communication was not provided to XXXXXXX , who is deaf, when he was arrested by officers of the Saginaw Township Police Department. XXXXXXXX also alleged that he was not able to make a telephone call at the Saginaw County Sheriff's Department jail. Enclosed is a copy of the fully-executed Settlement Agreement between the Department of Justice and the Saginaw Township Police Department. The Settlement Agreement states that the Saginaw Township Police Department will provide auxiliary aids, including sign language interpreters, when needed to ensure effective communication with the public. Based upon the assurances in this voluntary Settlement Agreement, we have determined that the Police Department is in compliance with Title II and we are closing this case as of the date of this letter. Continued compliance is contingent upon the Police Department's completion of the actions required by the Settlement Agreement. The Coordination and Review Section will monitor the Police Department's implementation of the requirements of the Settlement Agreement. If XXXXXX is dissatisfied with the terms of the Settlement Agreement, he may 01-06040 - 2 - file a private complaint in the appropriate United States District Court under Title II of the ADA. Our determination of the Police Department's compliance is not intended, nor should it be construed, to cover any other issues regarding compliance with Title II that may exist and that are not specifically addressed in the Settlement Agreement. Regarding XXXXXXX complaint against the Saginaw County Sheriff's Depart, we are currently negotiating a settlement agreement with that department. The jail has purchased a TDD for inmate use. You should be aware that no one may intimidate, threaten, coerce, or engage in other discriminatory conduct against anyone because he or she has either taken action or participated in an action to secure rights protected by the ADA. Any individual alleging such harassment or intimidation may file a complaint with the Department of Justice. We would investigate such a complaint if the situation warrants. Under the Freedom of Information Act, 5 U.S.C.  522, we may be required to release this letter and other correspondence and records related to this complaint in response to a request from a third party. Should we receive such a request, we will safe- guard, to the extent permitted by the Freedom of Information Act and the Privacy Act, the release of information which could constitute an unwarranted invasion of privacy. If you have any questions concerning this letter, please feel free to call Linda King at (202) 307-2231. Sincerely, Merrily A. Friedlander (signature) Merrily A. Friedlander Acting Chief Coordination and Review Section Civil Rights Division Enclosure 01-06041