Notice of Population-Level ADA Communication Risk – East Rochester
Transparent Law Enforcement has issued a formal notice to the Town/Village of East Rochester regarding conditions identified through a records-based review of the East Rochester Police Department’s communication access framework for individuals who are Deaf or hard of hearing.
This notice follows the publication of the East Rochester Police Department audit as part of the Monroe County Interpreter Access Audit (MCIAA).
The notice is population-level and structural in nature. It is not based on any single incident and does not request enforcement action. Its purpose is documentation of observed conditions relevant to compliance, governance, and risk exposure.
Notice of Population-Level ADA Communication Risk – Town/Village of East Rochester
from: Cadhla McBride admin@transparentlawenforcement.com
to: Martin D'Ambrose mdambrose@eastrochesterny.gov,
jalfieri@eastrochesterny.gov
cc: Deaf Equity DeafEquity@monroecounty.gov,
mail@drny.org,
dbryson@lacykatzen.com
date: Feb 27, 2026, 2:56 PM
subject: Notice of Population-Level ADA Communication Risk – Town/Village of East Rochester
mailed-by: transparentlawenforcement.com
This correspondence serves as formal notice of population-level ADA Title II communication risk within the Town/Village of East Rochester, based on the Village’s written FOIL responses and the absence of identified governance records.
This notice is not incident-based. It is structural.
I. FOIL-Confirmed Governance Posture
Based on the Village’s written responses, the Village has affirmed that it has no records responsive to requests for:
Policies, procedures, directives, training materials, or general orders governing effective communication with Deaf or hard-of-hearing individuals during:
Motor vehicle stops
Traffic accident investigations
Other routine motorist interactions
Contracts, MOUs, or vendor agreements for interpreter services used during traffic-related encounters
Public-facing materials (e.g., visor cards or informational documents) for Deaf or hard-of-hearing motorists
Separately, in response to a focused request, the Village has affirmed that it has no records identifying:
A designated ADA Title II Coordinator (name, title, contact information, or designation record); and
An adopted ADA Title II grievance procedure.
These representations establish the Village’s documented governance posture as of February 2026.
II. Population-Level Risk Implications
The absence of documented structure in these areas creates systemic risk across routine law enforcement and municipal interactions involving Deaf or hard-of-hearing residents and visitors.
- Effective Communication Risk (Operational Level)
Without documented interpreter activation procedures or access protocols:
Officers are left to individual discretion during high-consequence encounters.
Communication methods may vary unpredictably between incidents.
Critical advisements (rights, instructions, safety commands) may not be reliably conveyed.
Documentation of interpreter activation (or non-activation) may be inconsistent or absent.
This creates both operational safety risk and post-incident defensibility risk.
- Governance and Compliance Risk (Administrative Level)
Publicly available payroll data for 2025 reflects approximately 70 employees on the Town/Village payroll (SeeThroughNY), indicating that the Village likely meets the 50-employee threshold applicable under 28 C.F.R. § 35.107 for designation of an ADA Title II Coordinator and adoption of a grievance procedure.
In response to FOIL requests, however, the Village has affirmed that it has no records identifying:
A designated ADA Title II Coordinator (name, title, contact information, or designation record); and
An adopted ADA Title II grievance procedure.
If the Village meets the federal employee threshold, the absence of identifiable designation and grievance procedure records presents structural compliance exposure.
Even if such roles or procedures exist informally, the inability to identify or produce them through ordinary records channels indicates governance fragility and intake ambiguity for disability-related matters.
- Auditability and Defensibility Risk
Structured systems generate artifacts, including:
Designation memoranda
Written directives
Interpreter activation logs
Vendor contracts
Training documentation
Public-facing materials
The absence of such records limits the Village’s ability to demonstrate consistent compliance in the event of:
Civil complaints
Administrative review
Insurance inquiries
Litigation discovery
This is not a hypothetical risk category. It is a documentation risk category.
III. Risk Category Summary
Based on FOIL-confirmed representations, East Rochester currently reflects:
No documented interpreter activation framework for traffic-related encounters
No documented ADA Title II Coordinator designation
No documented ADA grievance procedure
No documented public communication materials for Deaf or hard-of-hearing motorists
This combination creates population-level communication risk.
IV. Notice Function
This letter serves as formal notice that:
The absence of documented structure has been identified;
The risk has been articulated in writing; and
The Village is now on notice of the structural exposure.
No further action is requested in this correspondence. The purpose is documentation of risk and preservation of record.
Respectfully,
Cadhla McBride
Transparent Law Enforcement
admin@transparentlawenforcement.com
This notice has been provided for documentation and public record purposes. Any clarification or additional materials provided by the Town/Village will be reflected in future updates.