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2008-111-Resolution No. 2008-015 Recorded 2/28/2008COUNTY OFFICIAL TES NANCYUBLANKENSHIP, COUNTY CLERKOS COMMISSIONERS' JOURNAL 02/28/2008 03;10;14 PM REV WED ligillIIIIIIIIIIIIIIIIIIIIIIII LEGAL COUNSEL 2-111 For Recording Stamp Only BEFORE THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT A Resolution regarding the Deschutes County Planning Authority's Use of Deadly Physical * RESOLUTION NO. 2008-015 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 Sunriver Service District is the governing body for the Sunriver 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 Sunriver Service District governing body for approval or disapproval; now, therefore, BE IT RESOLVED BY THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT, as follows: PAGE 1 OF 1 — RESOLUTION NO. 2008- 015 (01/30/08) P.. 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 O / ` of , 2008 ATTEST: q1&.- Recording Secretary PAGE 2 of 1— RESOLUTION NO. 2008- 015 (01/30/08) GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT OF DESCHUTVS COUNTY, OREGON DENNI$Jt.-LAJU, Chair TAlM4M-Y'(BANEY) MELTON, Vice Chair MICKV179. ALY, Commi loner Exhibit A DEADLY PHYSICAL FORCE PLAN Deschutes County Use of Deadly Physical Force Planning Authority Table of contents plan page 1 PLANNING AUTHORITY ••••••........... """""•�•••••••' MEMBERS OF THE PREAMBLE ....••••••••••••••••" 1: ADMINISTRATION .................""""..... ................... SECTION THE PLAN ""'••""•• OF ........................... APPLICABILITY SECTION 2: APPLICA 3: DEFINITIONS SECTION •.•••• 4 AFTERMATH ...................""...... ............... SECTION 4: IMMEDIATE PR SECTION 5: INVESTIGATION •..•• 6 INVESTIGATION ...................... ..................... SECTION 6: CRIMINAL .... 8 DISTRICT ATTORNEY ..................................... ................ SECTION 7: 8: DEBRIEFING SECTION 9: EDUCATION, TRAINING, OUTREACH ....................................... SECTION 11 ............................... SECTION 10: FISCAL IMPACT .................. 11: PLAN REVIEW ..................... """"••'•• ........... SECTION SECTION 12: AGENCY PO •••"" plan page 1 M embersof the Plan nin Authorit Co-chair — Mike Dugan — Deschutes County DA Co-chair — Sheriff Larry Blanton anent Chief Ron Roberts — City of Redmond Police Dep Sergeant Tom Kipp — Oregon State Police Representative) Detective Mike Tabor — Bend PD (Labor Union Rep Tom York - Citizen sc was approved by a unanimous vote of the Planning ions: on January 31 , 2008 this Plan overning bodies of the following j urisdict Authority, and submitted for approval to g roved (date) Deschutes County---- "" ---- Department Black Butte Ranch Police Dep Deschutes County Shoffice Sunriver Police Department--------------------------- City of Bend------------------- ------ City of Redmond------ ------------- ------ Plan page 2 Approved/Disapp Approved/Disapproved (date) Approved/Disapproved (date) Preamble law enforcement personnel is a matter of critical to f this The use of deadly physical force by t The perp Cern both to the public and to the law enforcement such force, Conn nullity. b a substitute for agency con Plan is not to set the standards for the use o rovide a framework for a consistent response policy regarding use of force, but rather to p dl Physical force that treats the law enforcement officer fairly, to an officer's use of deadly P and promotes public confidence in the criminal justice system. Section 1: Administration continue to ber of the Ding authority is unable to co o f Senate Bill (1) In the eventreplt a acement she be appointed as provided in Section 2(1) serve, a rep The approval of the 111, Oregon Laws 2007. Authority. (2) There shall be six voting members s the Pl bymajority vote. Plan, elements or revisions thereof,behall be required in order to hold any (3) The presence of 2/3 of the voting Authority is vote. of the voting members of the Planning (q) Any meeting of a quorum law. subject to Oregon's open meeting ction 2: A licabilit of the Plan Se to any use of deadly Physical applicable, as set forth herein,police officer acting in the course of (1) This plan shall be app person, by p force, that results in a death of a p within Deschutes County• and in furtherance of his/her official duties, occurring Section 3: Definitions organization or organizations Parent Agency- Means the law enforcement employing the involved officer or officers. the planning Authority, Means the final document approved by to n law Plan - overning bodies employing g adopted by two of the g roved by the Attorney General. enforcement agencies, and app art of the plan. Any approved revisions shall become a p plan page 3 ich it Means physical force that under the circumstances ous physilcal injury. Deadly Physical — able of causing death Force used is readily cap Means does not amount to impairment of physical condition or substantial "serious physical pain that Physical Injury- sical injury Means the person whose official conduct or official or crg was the Involved officer- person. in cause in fact of the death of a p lso means an officer whose conduct was not befose in fact Of the re or during the death, but who was involved in the incident use of deadly physical force, and this inv d tem1eveof stress orwas onably likely to expose the officer to a heighten trauma. Means the agency with jurisdictional authority may orhere an maytfficer be the LEA of- lace, however, Primary involved incident takes pffiThe Law Enforcement Responsibility parent agency for involved officer(s). relinquish the role Agency (LEA) of Primary Responsibility may from upon consultation with the District Attorney and agreement 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 ifmm diatiely take of the officer andever anY member of the public. protect the safety U' r her (a) (b) (c) Plan page 4 After taking such steps, the officer shall immediately notify is o agency of the use of deadly physical force. are reasonably Thereafter, the officer, if able, shall take such steps and to preserve evidence• as necessary to preserve the integrity of the scene ding U on request, the officer shall provide infoormaand property, pthe any Pon to protect per circumstances as necessary framework for the investigation. evidence, and to provide a Section 5' Investigation Protocols l There will be two investigations regarding officer involved will be conducted by a Law () critical incidents that occur in Deschutes County. A Criminal investigation e e Responsibility to determine if any Enforcement Agency (LEA) of Primary cal incident. The Parent Agency of the criminal conduct occurred during personnel investigation regarding the involved officer(s) will conduct a secondary p 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 theis Incident Commander. The primary responsibilityf the incidIncident nt Commander direction and coordination of the entire investigatioResponsibility or other partner may appoint personnel from the LEA of primary Res p agencies to his/her command staff. 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 the assistance nc dent Team to assist in the Tri -County, (Jefferson, Crook, Deschutes), Maiof the investigation. (The Tri -County Major Incident Incide Memorandum mmandermay enlist Understanding will be attached to this plan.) The other specialized investigators such as, but not limited too,XhOregon t celPolice inersi Crime Laboratory, scale diagram specialists, polygrp personnel, the Medical Examiner, The State Medical Examiners Office, firearm experts, use of force experts and other officers per t gati enced in the criminal investigation of critical incidents to assist in e inv5 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) () 6 The Incident Commander shall ensure that the investigationLEA of Primary is documented in written reports and that the reports are filed with the Plan page 5 Responsibility, the District Attorney and at the discretion of the District Attorney, with the Parent Agency. Section 6:Criminal Investi ation physical force results in a death of any person, in addition to the When the use of deadly phy and notwithstanding agency policy, the requirements of Section 4 (1) of this Plan, following provisions apply: Upon the arrival of additional officers, sufficient to manage the scene, each (1) Up ersonnel. involved Officer shall be relieved of the above dutieolved police Section 4 (1) o the plan, and the duties shall be re -assigned to uninv p directed by cen 2 As soon as practicable, each involvedofficersal lortunityfor eavathsmedical treatment as () his or her supervisor, and be offered pp necessary. If the officer is not in need of medical treatment, the theinvolvedOfficer, the taken to a local police or sheriff s office. if entat ve shall be notified. ueste y officer, s union repres (3) As soon as practicable, the duty weapon of any officer who fired their weapon or red who was in the immediate vicinity where weapons w f 1prop riat shall be seized y investigators, and replaced with a substitute weapon, i pp (4) Interview of an "Involved Officer": of the As used in this section "interview" refers to formal interview time after the officer by assigned investigative personnel that occurs ornc�n ty to consult with incident, and after the officer has had an opp counsel, if so desired. waitin period does not preclude an initial on -scene f the incident- The nc dentconversation with (a) The g the officer to assess and make an initial evaluation The on -scene supervisor shall take immedstaff and agenc eaction to stabize th and �) situation, ensure notification of the appropriate all obtain a preliminary statement from the involved officer as soon pas ublic bl c possible. The purpose in obtaining this statement oln of evidence, p p outstanding suspe , safety information (e.g. direction of travel, etc.). The scene shall be secured and managed consistent with the control of any (c) Th personnel necessary to conduct the other major crime scene. Only p scene. When it is investigation shall be permitted accessn�amHated or destroyed, the determined that no evidence will be co 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 . Such investigations may be necessary for purposes as established by that agency 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 beingResponsibility by he lshall consulistrict tney, thewith ea h other and istrict Attorney and the LEA of Primary 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