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Commitment to Fair and Equal Access
The City of Las Cruces is committed to providing fair and equal
access to all programs, services and activities. The ADA Coordinator
assists City departments ensure that their programs, services and activities
comply with the Americans with Disabilities Act of 1990.
Ensuring Program Accessibility
Police Department Policy – Individuals with Hearing Impairments
Public Grievance Procedure
Notice to the Public
Dial-A-Ride Paratransit Services
Disabled Trash Services
Telephone
Communication
Persons with speech or hearing impairments using a
TTY may contact any City department by using the New Mexico Relay
Network by dialing 1-800-659-8331. Several departments have TTY's.
To contact those departments directly, click here for a directory
of TTY numbers.
Written Communication
All print materials developed by the City can be made available in alternative
formats upon request to the division/department responsible for the material.
The City will make every effort to provide print materials in the format being
requested. When this is not possible, the City will provide an equally effective
means of providing access.
Meeting/Program/Event Accessibility:
The City shall ensure that facilities used for all meetings, training, programs
or other events are accessible to the general public. If a person with a disability
needs an accommodation to fully participate in the event, contact the sponsoring
division/department to make that request. Whenever possible, requests for accommodations
are needed 48 hours before the event so the appropriate auxiliary aid or service
can be secured and provided.
Qualified Interpreters:
It is the policy of the City of Las Cruces to provide qualified interpreters
to ensure equally effective communication with participants who are deaf or hard
of hearing, upon request, unless doing so would cause a fundamental alternation
or undue burden.
The term qualified interpreter is defined as an individual who is able to interpret
effectively, accurately, and impartially using any necessary specialized vocabulary.
In most situations, it is not appropriate to use a family member or companion
as an interpreter.
In any situation involving lengthy, complex communication and all situations
involving medical or legal communication, the City of Las Cruces will secure
a Certified Interpreter.
Police
Department Policy – Individuals with Hearing Impairments
It is the policy of the Las Cruces Police Department
to furnish appropriate auxiliary aids and services whenever necessary
to ensure effective communication with individuals with hearing impairments.
Auxiliary aids and services include qualified interpreters, written materials,
note pads, and other effective methods of making aurally delivered material available
to individuals with hearing impairments.
The Las Cruces 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 individual(s).
"Primary consideration" means the Police Department must honor the choice
unless it can show that another equally effective means of communication is available
or that the 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
burden.
This policy addresses those situations where a police officer, after consulting
with an individual with a hearing impairment, determines that the services of
a qualified interpreter are necessary to ensure effective communication.
Procedure
Arrest upon probable cause where interview is not necessary
If an individual without a hearing impairment would have been arrested on probable
cause without an interview, then a suspect in the same situation does not need
to be provided with a qualified interpreter.
A qualified interpreter may still be required if an officer is unable to convey
to the arrestee the nature of the charges by communicating on a note pad or by
using other means of communication.
The arrestee should be transported to a holding cell at the Las Cruces Police
Department. Either the arresting officer or the transporting officer can convey
the information through the interpreter when the interpreter arrives.
When an interview is needed to arrest an 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 written communication is ineffective.
When the services of a qualified interpreter are not required to provide effective
communication, but the officer cannot wait until a qualified interpreter arrives,
the officer must postpone the interview and possible arrest until the officer
can make arrangements for a qualified interpreter to be present. If this is not
possible, the officer must document their investigation as completely as possible
and file the appropriate report.
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 accurately communicate 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 the interrogation whenever
an interpreter is needed for effective communication.
If exigent circumstances do not permit a delay in the interrogation of the arrestee
or if an interpreter cannot be located within a reasonable period of time, and
if: written communication between the officer and the arrestee was effective
in conveying an understanding of the Miranda Warnings and the arrestee specifically
declines the opportunity to communicate through and interpreter then the officer
may proceed with the interrogation by using a note pad.
If the 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.
Issuance of traffic or criminal citations (including codes violations)
If an individual without a hearing impairment would have been issued a traffic
or 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.
If an officer has stopped a suspect for committing an infraction, and if the
officer is unable to convey to the violator the nature of the infraction by communicating
on a note pad or by using another means of communication, then the officer should
use their discretion as to whether to call a qualified interpreter to the scene
or whether to give a warning.
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 critical 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, 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,
the investigating officer must document their investigation as completely as
possible and file the report.
All identifying information on the interpreter must be included in the report.
All written questions and responses between 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.
Public
Grievance Procedure
The City of Las Cruces has established grievance procedures
that provide for the prompt and equitable resolution of complaints
alleging any action that is prohibited by Title II of the Americans
With Disabilities Act (ADA). This grievance procedure is to be used
by persons with disabilities who are eligible for the services, benefits,
programs, or activities of the City of Las Cruces
Title II states in part, that "no otherwise qualified disabled person shall,
solely by reason of such disability, be excluded from the participation in, be
denied the benefits of, or be subjected to discrimination" in programs or
activities sponsored by a public entity.
Complaints should be sent to:
ADA Coordinator
P.O. Box 20000
Las Cruces, NM 88004
Phone: 528-3401 (voice) 528-3701 (TTY)
Step 1: A complaint should be filed in writing
containing the name and address of the complainant, a brief description
of the violation and the accommodation sought. The complaint shall
be filed within 60 working days after the complainant becomes aware
of the alleged violation. Within 10 working days of the receipt of
the written complaint, the ADA Coordinator will acknowledge in writing
receipt of the complaint. The ADA Coordinator shall review the complaint
for completeness and validity, shall make all parties to the complaint
aware of the violation, obtain additional information related to
the complaint if necessary, and shall attempt to resolve the complaint.
Step 2: If the ADA Coordinator is not able to resolve the complaint
in Step 1, s/he shall schedule a meeting with the City Manager within 15
working days. The City Manager will respond in writing to the complaint detailing
any actions taken or proposed by the City within 15 working days of the meeting.
Alternative Grievance Procedures
Nothing in this procedure prevents any individual who believes
they have a grievance under the ADA from taking other legal action
to seek resolution. The complainant is informed that at any time
prior to 180 days having elapsed from the date of occurrence,
the complainant may file a formal charge with the U.S. Department
of Justice.
Waivers: Any timelines established in these procedures may be waived by
written mutual consent.
Notice
to the Public
Should you wish to review the ADA or its interpretive
regulations, ask questions about your rights and remedies under the
ADA, or file a grievance with the City alleging non-compliance with
the ADA, please contact the City ADA Coordinator: 528-3401/voice
or 528-3701/TTY.
Should you wish to review the City's Facility, Employment or Program Evaluation
and Transition Plan, they are available at:
- The Thomas Branigan Memorial Library, 200 E. Picacho
- The City Clerk's Office, 200 N. Church; or
- The Office of the ADA Coordinator, 575 S. Alameda,
Room 246
Dial-A-Ride – Paratransit
Services
Dial-a-Ride is the paratransit transportation service offered by
the City of Las Cruces Transit Department providing curb-to-curb,
on-demand transportation for qualified individuals with disabilities,
in compliance with the Americans with Disabilities Act.
Who is eligible?
Qualified individuals with disabilities living within, or visiting
the City of Las Cruces. The Americans with Disabilities Act identified
three categories of individuals who are eligible for paratransit
service, as follows:
- Any individual who is unable as the result of a physical, visual
or mental impairment, to independently board, ride or exit from
a vehicle on the fixed-route bus system if it is readily accessible
to and usable by persons with disabilities.
- Any person with a disability who could use accessible fixed-route
transportation but accessible transportation is not available at
the time and on the route the customer needs.
- Any person with a specific disability that prevents the person
from traveling to or from a fixed-route bus stop.
How can I establish eligibility?
Complete the Paratransit Eligibility Application and be certified as eligible
by a personal physical or by the designated representative of a qualified social
service agency as unable to use regular public transportation services.
For an application, call 541-2777/voice or 541-2541/TTY.
If you are approved for Dial-a-Ride, you will be mailed an Identification Card
within 21 days. When eligibility questions arise, the final determination will
be made by an advisory committee.
Service hours
Dial-a-Ride service hours are generally the same as those of the fixed-route
system. Call the Transit Department for current service hours.
How do I schedule a ride?
Call 541-2777/voice or 541-2541/TTY. You may call up to 14 days in advance to
schedule a trip. Telephone reservation hours are:
8:00 a.m. to 5:00 p.m. Monday thru Friday.
Be prepared to provide the following information:
- The pick-up address
- The destination address.
- The time you need to be at your destination.
- The time for your return trip.
Can someone accompany me?
Eligible riders who require assistance should bring an attendant. This requirements
should be noted on the application form and should be mentioned each time the
service is requested. Attendants ride free of charge.
Companions may accompany qualified individuals and will pay the same fare as
the qualified rider.
Drivers may help passengers get on and off the van, however drivers are not permitted
to enter a building to assist passengers.
Rider Policies
- Be ready 15 minutes before your scheduled pickup time. Drivers
will not wait for more than three (3) minutes from the scheduled
pickup time.
- Cancellations should be made the day before and no later than
one (1) hour before your scheduled trip. This allows us to accommodate
other riders.
- If you plan several stops on a single trip, call the office and
schedule each trip separately. Drivers will not make unscheduled
trips or stops
No Show Policy
In order to accommodate all customers, it is important that you honor your scheduled
appointments. If you fail to show for your scheduled trip, you will be considered
a"no show." Your riding privileges could be temporarily suspended if
you accumulate more than three no shows within a 3-month period. Continued no
shows could lead to a permanent suspension of riding privileges. If a cancellation
is not made at least one hours prior to the scheduled trip, it will be considered
a "no show."
Conduct
If any passenger interferes or is involved in behavior detrimental to the safe
operation of the vehicle, his/her riding privileges may be revoked, suspended
or denied.
Cost
The cost is $.75 per one-way trip, payable at the time of pickup. Exact change
is required. A Punch Pass is available at the Transit Department for $22.50,
which includes 30 rides. |
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