HomeMy WebLinkAboutRes 015 - Deadly Phys Force Plan - Sunriver PDe
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of February 27th, 2008
Please see directions for completing this document on the next page.
DATE: February 11, 2008
FROM: Sue Brewster Sheriffs Office Legal Counsel 385-1714
TITLE OF AGENDA ITEM:
Resolutions No. 2008 - 014, 2008 - 015 and 2008 - 016. A Resolution regarding the Deschutes County
Planning Authority's Use of Deadly Physical Force.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
In 2007 the Oregon Legislature passed Senate Bill 111 which requires every law enforcment agency in
the State to adopt a policy dealing with the use of deadly force by its police officers. The County
Planning Authority is required under SB 111 to submit a proposed plan about the use of deadly force to
the governing bodies of each law enforcement agency within the county. Resolution 2008 - 014
approves or disapproves this plan for the Sheriffs Office; 2008 - 015 approves or disapproves the plan
for Sunriver Police Department; 2008 - 016 approves or disapproves the plan to Black Butte Ranch
Police Department.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Approval or disapproval of the attached resolutions. A copy of the proposed plan is attached to each
resolution as Exhibit A.
ATTENDANCE: Capt. Tim Edwards
DISTRIBUTION OF DOCUMENTS:
Return signed copies to Sheriffs Office Legal Counsel.
REVIEWED
LEGAL COUNSEL
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
Force Plan
*
*
*
RESOLUTION NO. 2008-015
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)
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 of , 2008 GOVERNING BODY OF THE SUNRIVER
SERVICE DISTRICT
OF DESCHUTES COUNTY, OREGON
ATTEST:
DENNIS R. LUKE, Chair
TAMMY (BANEY) MELTON, Vice Chair
Recording Secretary MICHAEL M. DALY, Commissioner
PAGE 2 OF 1 - RESOLUTION NO. 2008- 015 (01/30/08)
Exhibit A
DEADLY
PHYSICAL
FORCE
PLAN
Deschutes County
Use of Deadly Physical Force
Planning Authority
Table of contents
MEMBERS OF THE PLANNING AUTHORITY 2
PREAMBLE 3
SECTION 1: ADMINISTRATION 3
SECTION 2: APPLICABILITY OF THE PLAN 3
SECTION 3: DEFINITIONS 3
SECTION 4: IMMEDIATE AFTERMATH 4
SECTION 5: INVESTIGATION PROTOCOLS 6
SECTION 6: CRIMINAL INVESTIGATION 6
SECTION 7: DISTRICT ATTORNEY 8
SECTION 8: DEBRIEFING 9
SECTION 9: EDUCATION, TRAINING, OUTREACH 10
SECTION 10: FISCAL IMPACT 11
SECTION 11: PLAN REVIEW 11
SECTION 12: AGENCY POLICIES 11
Plan page 1
Members of the Planning Authority
Co-chair — Mike Dugan — Deschutes County DA
Co-chair — Sheriff Larry Blanton
Chief Ron Roberts — City of Redmond Police Department
Sergeant Tom Kipp — Oregon State Police
Detective Mike Tabor — Bend PD (Labor Union Representative)
Tom York - Citizen
On January 31St, 2008, this Plan was approved by a unanimous vote of the Planning
Authority, and submitted for approval to governing bodies of the following jurisdictions:
Deschutes County
Black Butte Ranch Police Department
Deschutes County Sheriffs Office
Sunriver Police Department
City of Bend
City of Redmond
Plan page 2
ApprovediDisapproved (date)
Approved/Disapproved (date)
Approved/Disapproved (date)
Preamble
The use of deadly physical force by law enforcement personnel is a matter of critical
concern both to the public and to the law enforcement community. The purpose of this
Plan is not to set the standards for the use of such force, or to be a substitute for agency
policy regarding use of force, but rather to provide a framework for a consistent response
to an officer's use of deadly physical force that treats the law enforcement officer fairly,
and promotes public confidence in the criminal justice system.
Section 1: Administration
In the event that a member of the planning authority is unable to continue to
serve, a replacement shall be appointed as provided in Section 2(1) of Senate Bill
111, Oregon Laws 2007.
There shall be six voting members of the Planning Authority. The approval of the
Plan, elements or revisions thereof, shall be by majority vote.
The presence of 2/3 of the voting members shall be required in order to hold any
vote.
Any meeting of a quorum of the voting members of the Planning Authority is
subject to Oregon's open meeting law.
Section 2: Applicability of the Plan
(1)
This plan shall be applicable, as set forth herein, to any use of deadly physical
force, that results in a death of a person, by a police officer acting in the course of
and in furtherance of his/her official duties, occurring within Deschutes County.
Section 3: Definitions
Parent Agency- Means the law enforcement organization or organizations
employing the involved officer or officers.
Plan -
Plan page 3
Means the final document approved by the Planning Authority,
adopted by two-thirds of the governing bodies employing law
enforcement agencies, and approved by the Attorney General.
Any approved revisions shall become a part of the Plan.
Deadly Physical —
Force
Physical Injury -
Involved Officer -
LEA of -
Primary
Responsibility
Means physical force that under the circumstances in which it is
used is readily capable of causing death or serious physical injury.
Means impairment of physical condition or substantial pain that
does not amount to "serious physical injury."
Means the person whose official conduct, or official order, was the
cause in fact of the death of a person. "Involved Officer" also
means an officer whose conduct was not the cause in fact of the
death, but who was involved in the incident before or during the
use of deadly physical force, and this involvement was reasonably
likely to expose the officer to a heightened level of stress or
trauma.
Means the agency with jurisdictional authority where an officer
involved incident takes place, however, it may or may not be the
parent agency for involved officer(s). The Law Enforcement
Agency (LEA) of Primary Responsibility may relinquish the role
upon consultation with the District Attorney and agreement from
another agency to assume the role.
Section 4: Immediate Aftermath
(1)
When an officer uses deadly physical force that results in a death of a person the
officer shall immediately take whatever steps are reasonable and necessary to
protect the safety of the officer and any member of the public.
(a) After taking such steps, the officer shall immediately notify his or her
agency of the use of deadly physical force.
(b) Thereafter, the officer, if able, shall take such steps as are reasonably
necessary to preserve the integrity of the scene and to preserve evidence.
(c) Upon request, the officer shall provide information regarding the
circumstances as necessary to protect persons and property, preserve any
evidence, and to provide a framework for the investigation.
Plan page 4
Section 5: Investigation Protocols
(1) There will be two investigations regarding officer involved critical incidents that
occur in Deschutes County. A Criminal Investigation will be conducted by a Law
Enforcement Agency (LEA) of Primary Responsibility to determine if any
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
Incident Commander. The primary responsibility of the Incident Commander is
direction and coordination of the entire investigation. The Incident Commander
may appoint personnel from the LEA of Primary Responsibility or other partner
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 of all or part of
the Tri -County, (Jefferson, Crook, Deschutes), Major Incident Team to assist in
the investigation. (The Tri -County Major Incident Team Memorandum of
Understanding will be attached to this plan.) The Incident Commander may enlist
other specialized investigators such as, but not limited to, the Oregon State Police
Crime Laboratory, scale diagram specialists, polygraph examiners, medical
personnel, the Medical Examiner, The State Medical Examiners Office, firearm
experts, use of force experts and other officers experienced in the criminal
investigation of critical incidents to assist in the investigation.
(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)
(6) The Incident Commander shall ensure that the investigation is documented in
written reports and that the reports are filed with the LEA of Primary
Plan page 5
Responsibility, the District Attorney and at the discretion of the District Attorney,
with the Parent Agency.
Section 6: Criminal Investigation
When the use of deadly physical force results in a death of any person, in addition to the
requirements of Section 4 (1) of this Plan, and notwithstanding agency policy, the
following provisions apply:
(1)
Upon the arrival of additional officers, sufficient to manage the scene, each
Involved Officer shall be relieved of the above duties set forth in Section 4 (1) of
the Plan, and the duties shall be re -assigned to uninvolved police personnel.
(2) As soon as practicable, each Involved Officer shall leave the scene, as directed by
his or her supervisor, and be offered an opportunity for medical treatment as
necessary. If the officer is not in need of medical treatment, the officer shall be
taken to a local police or sheriff's office. If requested by the Involved Officer, the
officer's union representative shall be notified.
(3)
As soon as practicable, the duty weapon of any officer who fired their weapon or
who was in the immediate vicinity where weapons were fired, shall be seized by
investigators, and replaced with a substitute weapon, if appropriate.
(4) Interview of an "Involved Officer":
As used in this section "interview" refers to formal interview of the officer by
assigned investigative personnel that occurs a reasonable time after the
incident, and after the officer has had an opportunity to consult with
counsel, if so desired.
(a) The waiting period does not preclude an initial on -scene conversation with
the officer to assess and make an initial evaluation of the incident.
(b) The on -scene supervisor shall take immediate action to stabilize the
situation, ensure notification of the appropriate staff and agencies, and
shall obtain a preliminary statement from the involved officer as soon as
possible. The purpose in obtaining this statement will be to obtain public
safety information (e.g. outstanding suspects, location of evidence,
direction of travel, etc.).
(c) The scene shall be secured and managed consistent with the control of any
other major crime scene. Only personnel necessary to conduct the
investigation shall be permitted access to the scene. When it is
determined that no evidence will be contaminated or destroyed, the
Plan page 6
(5)
officer (s) involved may conduct a "walk through" to assist in the
investigation.
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.
(7)
(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.
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 District Attorney Mike Dugan
Co -Chair Co -Chair
Plan page 13