2008-106-Resolution No. 2008-016 Recorded 2/28/2008WED
LEGAL COUNSEL
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
it I I III Iilllllillllll II III
Z -1
RECORDS CJ 2008��0�
CLERK
0212812008 03;10;14 PM
For Recording Stamp Only
BEFORE THE GOVERNING BODY OF THE BLACK BUTTE RANCH SERVICE DISTRICT
A Resolution regarding the Deschutes County
Planning Authority's Use of Deadly Physical * RESOLUTION NO. 2008-016
Force Plan
WHEREAS, Senate Bill 111, passed by the 2007 Legislature and approved by the Governor,
requires every law enforcement agency in the state to adopt a policy dealing with the use of deadly
force by its police officers; and
WHEREAS, Senate Bill 111 appoints Sheriffs and District Attorneys co-chairs of a county
Planning Authority that must complete and submit to the governing bodies of each law enforcement
agency within the county a proposed plan about the use of deadly physical force on or before July 1,
2008; and
WHEREAS, under Senate Bill 111, the governing bodies of each law enforcement agency shall
approve or disapprove the plan, but may not amend the plan, within sixty (60)days after receiving the
plan; and
WHEREAS, the Black Butte Ranch Service District is the governing body for the Black Butte
Police Department, a law enforcement agency; and
WHEREAS, in accordance with Senate Bill 111, the Deschutes County Planning Authority has
submitted a use of deadly physical force plan to the Black Butte Ranch Service District governing
body for approval or disapproval; now, therefore,
BE IT RESOLVED BY THE GOVERNING BODY OF THE BLACK BUTTE RANCH
SERVICE DISTRICT, as follows:
PAGE 1 of 1 — RESOLUTION NO. 2008- 016 (01/30/08)
Section 1. That the Deschutes County Planning Authority's use of deadly physical force plan,
attached hereto as Exhibit A, is hereby approved disapproved.
Dated this -2- of r 008
ATTEST:
Recording Secretary
PAGE 2 OF I — RESOLUTION NO. 2008- 016 (01/30/08)
GOVERNING BODY OF THE BLACK BUTTE
RANCH SERVICE DISTRICT
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
C& I -4-0� —,/'
TAMMY ( ANEY) MELTON, Vice Chair
Exhibit A
DEADLY
PHYSICAL
FORCE
PLAN
Deschutes County
Use of Deadly Physical Force
Planning Authority
Table of contents
PLANNING A
MEMBERS OF THE
... 3
PREAMBLE .......................... .......................
TION ........................
SECTION 1: ADMINISTRA ......••••"'""""""...••�
.......... 3
OF N ."""'""...........""...............
THE PLA
SECTION 2: APPLICABILITY
...........................
3: DEFINITIONS ...•••••••••••••••"""""
SECTION
AFTERMATH......................................................
SECTION 4: IMMEDIATE
••••••• 6
PROTOCOLS ................................••••..
SECTION 5: INVESTIGATION
......................
INVESTIGATION ...............••"""""""'
SECTION 6: CRIMINAL
.... 8
DISTRICT ATTORNEY ......................
SECTION 7:
SECTION 8: DEBRIEFING ...••••••••••••••••" .............
9: EDUCATION, TRAINING, OUTREACH ........••••••••••"""""
SECTION
1
...................
10: FISCAL IMPACT ...••••••••••••••••""""""""•
SECTION
..............
11: PLAN REVIEW ••••••••••••••••"""""""'�
SECTION
•.11
POLICIES .....................................
SECTION 12: AGENCY ..................
Plan page 1
Members of the Planning Authorit
Co-chair — Mike Dugan — Deschutes County DA
Co-chair — Sheriff Larry Blanton
Chief Ron Roberts — City of Redmond
Po lice Department
Sergeant Tom Kipp — Oregon S Represent
Detective Mike Tabor — Bend PD (Labor Union Rep
Tom York - Citizen
st 008 this Plan was approved by a unanimous vote of the Planning
On January 31 , 2 approval to governing bodies of the following jurisdictions:
Authority, and submitted for app roved (date)
Deschutes County---------"""
Black Butt Ranch
an� hsherif lice Ds office
Deschutes Y
Sunriver Police Department --
------"_---
City of Bend--------------
-----------------------------
--------
City of Redmond-----------
--------------------
Plan page 2
Approved/Dlsapp
Approved/Disapproved (date)
Approved/Disapproved (date)
Preamble
ersonnel is a matter ofcritical of this
The use of deadly physical force by law enforcement p t The pure
o
uni
concern both to the public and to the law of such force, forcement r o be a substitute for agency
Plan is not to set the standards for the use use rode a framework for a consistent response
policy regarding of force, but rather to p
deadly physical force that treats the law enforcement officer fair y,
to an officer's use of Y
and promotes public confidence in the criminal justice system.
Section 1: Administration
planning authority is unable to 1 otf Senate Bill
(1) In the event that a member of the op anninted as provided in Section 2( )
serve, a replacement shall be app
Authority. The approval of the
111, Oregon Laws 2007.
(2) There shall be six voting members of the Plann ngAuthority'
vote.
Plan, elements or revisions thereof, shall be bymajority
(3) The presence
of 2/3 of the voting members shall be required in order to hold any
vote. g Authority is
An meeting of a quorum of the voting members of the Planning
(4) Y en meeting law.
subject to Oregon's op
Section 2: A licabilit of the Plan
to any use of deadly physical
(1) This plan shall be applicable, as set forth herein,lice officer acting in the course of
force, that results in a death of a person, by p
furtherance of his/her official duties, occurring within Deschutes County.
and in forth
Section 3: Definitions
Means the law enforcement organization cers r organitions
za
employing the involved officer
roved by the Planning Authority,
Means the final document approved bodies employing law
adopted by two-thirds of the governing the Attorney General.
enforcement agencies, and approved by
Any approved revisions shall become a part of the Plan.
Parent Agency -
Plan -
Plan page 3
ch it
physical — Means physical force that under the circumstances us physical injury
Deadly Y death
Force used is readily capable of causing
Physical condition or substantial pain that
Injury -
physical Injury- Means impairment of phy "
does not amount to "serious physical injury."
erson whose official conduct, or official order, was the
Involved Officer- Means thePerson person. "Involved officer" also
cause in fact of the death of a p
means an officer whose conduct was rinot
dent before or during the
death, but who was involved in the
use of deadly physical force, and this in of e m otf stress ess was reasonably
likely to expose the officer to a heightenedl
trauma.
ere
off cer
LEA
of- Means the agency with jurisdictions er it may orthority hmay n t be the
Primary involved incident takes place, how
Responsibility parent agency for involved officer(s). The La rel of Enforcement
role
P Agency (LEA) of primary Responsibility may q
upon consultation with the District Attorney and agreement from
another agency to assume the role.
Section 4: Immediate Aftermath
force that results in a death of a person the
(1) When an officer uses deadly physical s are reasonable and necessary to
officer shall immediately take whatever steps
of the public.
protect the safety of the officer and any n
U
(a)
(b)
(c)
Plan page 4
After taking such steps, the officer shall immediately notify his or eT
agency of the use of deadly physical force.
Thereafter, the officer, if able, shall take such steps as are reasonably
necessary to preserve the integrity of the scene and to preserve evidence.
Upon request, the officer shall provide information
regarding
p rty� pTeServe any
circumstances as necessary to protectpersons
evidence, and to provide a framework for the investigation.
Section 5: Investi ation Protocols
1 There will be two investigations regarding officer
wille conducted by a Law
volved critical incidents that
() A Criminal investigation
occur in Deschutes County. Responsibility to determine if any
Enforcement Agency (LEA) of Primary p
criminal conduct occurred during a critical incident. The Parent Agency of the
involved officer(s) will conduct a secondary personnel investigation regarding the
policies of the parent agency.
()
2 The LEA of Primary Responsibility will designate an Incident Commander- All
the criminal investigative activities shall be directed and coordinated by the
The primary responsibility of the Incident Commander is
Incident Commander.
e investigation.
direction and coordination of the entire oris b ity o incident other partner
may appoint personnel from the LEA of Primary R p
agencies to his/her command staff -
(3)
3 The Incident Commander shall ensure that at least one officer not employed by
the Parent Agency of involved officer(s) is assigned as an active investigative
participant until the conclusion of the investigation.
4 The Incident Commander may activate and enlist thoe Incident ce of allor eam to asspart
ton
()the Tri -County, (Jefferson, Crook, Ma or Incident Team Memorandum of
the investigation. (The Tri -County � Commander may enlist
The Incident
Understanding will be attached to this plan.) limited to,on State Police
other specialized investigators such as, but not polygraph examithe ners medical
Crime Laboratory, scale diagram specialists,
personnel, the Medical Examiner, The State Medical Examiners Office, firearm
experts, use of force experts and other officers investigation.et enced in the criminal
investigation of critical incidents to assist in the
()
5 The Incident Commander shall ensure that the investigation, at a minimum, shall
consist of:
(a) Eyewitness interviews.
(b) Evidence collection.
(c) Scene documentation.
(d) Background interviews.
(e) Involved Officer interview(s)
O
6 The Incident Commander shall ensure that the investigationLEAof Primary documented in
written reports and that the reports are filed with
Plan page 5
Responsibility, the District Attorney and at the discretion of the District Attorney,
with the Parent Agency.
Section 6: Criminal Investi_
person, in addition to the
When the use of deadly physical force results in a death any agency the
requirements of Section 4 (1) of this Plan, and noithstananding Policy,
following provisions apply
Upon the arrival of additional officers,
(1) sufficient to manage the scene, each
p
volved Officer shall be relieved of the above dutivolvedpolice personnel. o
In
the Plan, and the duties shall be re -assigned to unin
soon as practicable, each Involved Officer shall leave n medical treatment as
I as ed by
scene
(2) Ass
his or he supervisor, and be offered an opportunity fo
If the officer is not in need of medical treatment, te involved cer shall be
necessary. ed Officer, the
taken to a local police or sheriff's office. If request y
officer's union representative shall be notified.
(3) As soon as practicable,
the duty weapon of any officer who fired their weapon or
o was in the immediate vicinity where weapons w i rshall y
wh be seized
investigators, and replaced with a substitute weapon,appropriate.
(4) Interview of an "Involved Officer":
of the iew
As used in this section "interview" refers to formalreasonintable time after the officer by
that occurs a
assigned investigative afterthe officer has had an Opportunity to consult with
incident, an
counsel, if so desired.
(a)
The waiting period does not preclude an initial o - o fe inc denttion with
the officer to assess and make an initial evaluation
all take immediate
The on -scene supervisor sh-o nate staff and agencies, and
(b) The
ensure notification of the appy p as
shall obtain a preliminary statement from the involved officer to so
The purpose in obtaining this statement wi
possible. ll be to obtain public
standing suspects, location of evidence,
safety information (e.g. out
direction of travel, etc.).
d consistent with the control of any
(c) The scene shall be secured and manage
to conduct the
other major crime scene. Only personnel necessary
investigation shall be permitted access to the scene. When it is
the
determined that no evidence will be contaminated or destroy
plan page 6
officer (s) involved may conduct a "walk through" to assist in the
investigation.
(5) For at least 72 hours immediately following an incident in which the use of
deadly physical force by a police officer resulted in the death of a person, a law
enforcement agency shall not return an Involved Officer to duties that might
place the officer in a situation in which the officer has to use deadly force.
(a) Officer (s) involved in discharging his or her firearm that results in a death
to any person shall immediately be placed on administrative leave until
such time as sufficient information exists to determine the justification in
the use of deadly physical force and that the officer (s) have had an
opportunity for mental health counseling with an outcome that no issues
would preclude the officer (s) from performing the duties of a police
officer.
(6) In the 6 months following a use of deadly physical force incident that results in a
death, the Parent Agency shall offer each Involved Officer a minimum of two
opportunities for mental health counseling. The officer shall be required to attend
at least one session of mental health counseling.
(a) At agency expense, the involved officer (s) shall be scheduled for
an appointment with a licensed mental health counselor for a
counseling session with a follow-up session scheduled
at a date determined by the mental health professional.
(b) The counseling sessions are not to be considered fitness for duty
evaluations, and are to be considered privileged between the
officer and counselor.
(7) After consultation with the involved officer, the Parent Agency or officer shall
notify the officer's family according to the Agency's General Order, or other
policy regarding such notification.
(8) As soon as practicable after the arrival of a supervisor, notification shall be made
to the District Attorney as provided in Section 7 (1) of this Plan.
(a) This provision does not prevent the Parent Agency from requiring
additional notification requirements within their respective agency
policies.
Plan page 7
(9) The assignment of outside investigative personnel does not preclude the Parent
Agency involved from conducting a concurrent investigation for administrative
purposes as established by that agency. Such investigations may be necessary for
civil preparation, determination of policy violations or training issues.
(10) In order to preserve the integrity of the investigation and prosecution, if one
occurs, the incident commander or his designee shall notify all involved
officers to refrain from making public statements about the investigation, until
such time as the investigation has concluded and the District Attorney has made
a determination regarding the criminal responsibility of all involved persons.
(11) The Parent Agency shall designate a representative to make an initial public
statement about the incident. Such statement shall include:
(a) The time and place of the incident.
(b) The condition of any suspect.
(c) The nature of the use of deadly physical force.
(12) Prior to a final determination being made by the District Attorney, the District
Attorney and the LEA of Primary Responsibility shall consult with each other and
make a public release of information as is deemed appropriate.
Section 7: District Attorney
(1) When an incident of the use of deadly physical force by an officer occurs, and
death of a person results, the agency shall, as soon as practicable notify the
District Attorney's Office.
(a) Notification shall be made to the District Attorney, Chief Deputy, or other
senior member of the District Attorney's staff.
(2) When a use of deadly physical force by an officer occurs, and death of a person
results, the District Attorney, and/or a senior member of his staff, will consult
with the agency regarding the investigation and implementation of the other
elements of this plan.
Plan page 8
(3) The District Attorney has the sole statutory and constitutional duty to make the
decision on whether to present a matter to a Grand Jury.
(a) Preliminary Hearings will not be used as a method of reviewing an
officer's use of deadly force.
(b) The District Attorney will consult with the investigating agency and make
the decision on whether to present the case to a Grand Jury.
(1) The timing of the decision will be made by the District Attorney at
such time as he has determined that sufficient information is
available to competently make the decision.
(c) If the District Attorney decides to present a case to the Grand Jury, the
District Attorney shall promptly notify the investigating agency, the
involved officer's agency, and the involved officer's representative.
(d) If the District Attorney decides that the investigation reveals that the
officers use of deadly force was justified under Oregon law, and that
Grand Jury review is unnecessary, the District Attorney shall so notify the
Agency, the involved officer, the involved officer's representative, and the
public.
Section 8: Debriefing
The use of deadly physical force by an officer has the potential to create strong
emotional reactions which have the potential to interfere with an officer's ability to
perform his/her duties. These reactions may be manifested immediately, or over time.
Further, these reactions may occur not only in an officer directly involved in the incident,
but also in other officers within the Parent Agency.
The requirements of this section provide a minimum framework, and are not
intended to take the place of Parent Agency policy rules and regulations. Agencies are
encouraged to develop formal procedures to deal with an officer's stress response
following a use of deadly force incident.
(1) At the conclusion of the investigation the Incident Commander shall ensure that
adequate time is allotted for a full critique of the operational effectiveness of the
investigation and the plan. The critique shall be held in private and shall be
attended by investigators or other personnel who were actively involved in the
investigation.
Plan page 9
(2) If any item of significance is found as a result of the critique, the Incident
Commander shall submit an after -action report to the LEA of Primary
Responsibility and the Deschutes County Deadly Force Planning Authority.
(3) The Incident Commander shall assure that the appropriate information is collected
and provided to the District Attorney. The District Attorney will then submit the
report to the Attorney Generals Office. The report must include the date, time and
location of the incident, the name, gender, race, ethnicity and age of the decedent,
and a brief description of the circumstances surrounding the incident.
Section 9: Education, Training, Outreach
(1) The Board and Department of Public Safety Standards and Training requires 8
hours per year, 24 hours over a 3 year period of training from either the
"firearms" or "use of force" subject areas. Each agency subject to this Plan shall
require that a minimum of 4 hours per year, 12 hours over a 3 year period, of that
training be on the use of force. The training must include education on the
agency's use of force policy and the Deadly Physical Force Plan. This training
may also include, but is not limited to:
a. Defensive Tactics.
b. Tactical Shooting.
C. SWAT training.
d. Use of force in making an arrest.
e. Use of non -lethal force.
f. Range 3000.
g. In -Service and Briefing Training.
Each agency shall have a written policy and monitoring system to ensure that
the standards are met.
(2) Upon adoption of this Plan, to the extent they are fiscally able, each agency shall
take steps to publicize the Plan to their respective communities, by providing
information to the media, general public, community organizations, citizens
academy's and quasi -governmental bodies.
Plan page 10
(3) At least once per calendar year the District Attorney's Office shall provide their
Attorneys training on the use of force by law enforcement officers, the
investigation of such incidents and the Deadly Physical Force Plan.
(4) At least once per calendar year, the Planning Authority shall conduct outreach
intended to educate the media, government bodies and members of the Deschutes
County community in the use of force by law enforcement officers and the
investigation of such incidents.
(5) Prior to the adoption of this Plan, the Planning Authority shall take steps to
engage the Deschutes County community in a discussion regarding the purpose of
the Plan, and the elements contained therein. Such steps shall include, but are not
limited to general public release of the draft, discussion with the media, providing
the draft to agency employees, union representatives, elected officials, and
members of relevant boards or commissions.
Section 10: Fiscal Impact
(1) At the conclusion of each fiscal year following the adoption of the Plan, each
agency shall submit to the administrator of the Plan, a report outlining the fiscal
impact of each element of the Plan as described in sections (a) to (e) of Section 2
(4) of Senate Bill 111, Oregon Laws 2006.
Section 11: Plan Review
(1) The Planning Authority will meet annually to review and discuss the operation of
the Plan.
(2) If a revision of the Plan becomes advisable, the Planning Authority shall meet and
discuss such a revision. If the Planning Authority adopts a revision, such revision
shall be submitted for approval as provided by statute.
Section 12: Agency Policies
Use of Force policies, from all law enforcement agencies covered under
this plan, is attached.
Plan page 11
Attached Policies
#1 6 Pages Tri -County Major Incident Team Memorandum of Understanding
#2 6 Pages Bend PD "Officer Involved Deadly Force Investigation"
#3 6 Pages Bend PD "Use of Force"
#4 5 Pages Black Butte Ranch PD "Use of Force"
#5 8 Pages Black Butte Ranch PD " Use of Force, Specific Instrumentality"
#6 5 Pages Deschutes County SO "Use of Force"
#7 6 Pages Deschutes County SO "Deputy Involved Deadly Force Investigations"
#8 12 Pages Redmond PD "Response to Resistance/Aggression"
#9 9 Pages Redmond PD "Critical Incident Stress Management"
#10 11 Pages Sunriver PD "Use of Force"
#11 17 Pages Sunriver PD "Use of Force, Specific Instrumentality"
#12 10 Pages Sunriver PD "Officer Involved Use of Force Investigation"
#13 8 Pages Department of State Police "Use of Force"
Plan page 12
This plan has been approved by the Deschutes County Planning Authority Board on
January 31, 2008.
Sheriff Larry Blanton
Co -Chair
Plan page 13
District Attorney Mike Dugan
Co -Chair