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HomeMy WebLinkAboutItem 02 Plan for the Investigation of the Use of Deadly Force by Police Officers January 22,2008 Work Session! Regular Meeting Police DepaIprmen Jerry Smith 726-3729 15 Minutes/Consent Calendar PLAN FOR THE INVESTIGATION OF THE USE OF DEADLY FORCE BY POLICE OFFICERS AGENDA ITEM SUMMARY Meeting Date: Meeting Type: Department: Staff Contact: Staff Phone No: Estimated Time: SPRINGFIELD CITY COUNCIL ITEM TITLE: ACTION REQUESTED: Work Session: Discuss and review the Interagency Deadly Physical Force Investigation Plan created by the Lane County Deadly Physical Force Planning Authority. Regular Meeting/Consent Calendar: AdoptINot Adopt the following Resolution: A RESOLUTION APPROVING THE LANE COUNTY DEADLY FORCE PLAN AS CREATED BY THE LANE COUNTY DEADLY PHYSICAL FORCE PLANNING AUTHORITY. Approve/Not Approve the Police Chiefto Execute the Interagency Deadly Force Investigations Team Memorandum of Understanding ISSUE STATEMENT: Should the City of Springfield adopt the Lane County Deadly Force Plan created by the Lane County Deadly Physical Force Planning Authority? ATTACHMENTS: 1. Resolution w/Deadly Physical Force Plan attached as Exhibit A 2. Memorandum of Understanding DISCUSSION/ FINANCIAL IMPACT: Senate Bill 111 passed by the 2007 Legislative Session requires that each county adopt a plan for the investigative response to "officer involved shootings." The legislation prescribes the constituency of the Planning Authority, specific elements that must be included in the plan and requires that the plan be completed and approved by two thirds of the governing bodies in the county. The plan must also be approved by the Attorney General after the Councils approve the plan on or before July 1, 2008. A public hearing was conducted by Lane County District Attorney Doug Harcleroad on December 17, 2007 at Harris Hall. The plan as constructed will have no impact upon the process used by the City of Springfield Police Department with respect to the investigation of officer involved shootings. Springfield has requested an outside investigation of these incidents as a matter of practice. Mental health, debriefings and other elements in the plan are consistent with the practices employed by the City of Springfield. CITY OF SPRINGFIELD, OREGON RESOLUTION NO. A RESOLUTION APPROVING THE LANE COUNlY DEADLY FORCE PLAN AS CREATED BY THE LANE COUNlY DEADLY PHYSICAL FORCE PLANNING AUTHORITY WHEREAS, Senate Bill 111, passed by the 2007 Oregon State Legislature, requires each County to create a deadly physical force planning authority made up of the following members: District Attorney and Sheriff of the. County, a non management police officer selected by the District Attorney and Sheriff, the City's Police Chief, a representative of the public selected by the District Attorney and Sheriff, and a representative of the Oregon State Police selected by the Superintendent of State Police; and WHEREAS, Senate Bill 111 requires that the planning authority develop a plan regarding education, outreach, training, investigation and aftermath of incidents in which a police officer uses deadly force; and WHEREAS, the planning authority shall submit the plan, and revisions of the plan to the governing body of each law enforcement agency within the County except for the Department of State Police aQd the Department of Justice; and WHEREAS, a governing body shall approve or disapprove the plan submitted to it within 60 days after receiving the plan. The governing body may not amend the plan; and WHEREAS; if the plan is not approved by at least two-thirds of the governing bodies to which the plan is submitted, the planning authority shall develop and submit a revised plan; and WHEREAS, if the plan is approved by at least two-thirds of the governing bodies to which the plan is submitted, the planning authority shall submit the approved plan to the Attorney General. NOW THEREFORE BE IT RESOLVED, by the Common Council of the City of Springfield as follows: Section 1. The City of Springfield has determined that the Deadly Physical Force Plan created by the Lane County Deadly Physical Force Planning Authority, and attached herein as Exhibit A, complies with SB111 and by resolution, approves this plan. Section 2. As per SB111, upon approval of the plan by at least two-thirds of the governing bodies and the Attorney General: 1. Each law enforcement agency within the County to which the plan applies is subject to the provisions of the plan; and 2. Each law enforcement agency subject' to the plan is entitled to grants as provided in Section 4 of this 2007 Act. Section 3. This Resolution shall become effective upon its adoption and approval by the Mayor. ATTACf.IMENT 1 - PAGE 1 Adopted by the Common Council and approved by the Mayor of the City of Springfield, Oregon this day of January, 2008 adopted by a vote of _ for and --'- against. Mayor ATTEST: ri [lLq l:!{ li P [a [D AS -~.-c FC)F:r,/ &~__tL~<<~ DATE: _.1LL2hJl_ OFFICE OF CITY ,'\TTORNEY Amy Sowa, City Recorder - ATTACflMENT 1 - PAGE 2 DEADLY PHYSICAL FORCE PLAN Lane County , Use of Deadly Physical Force Planning Authority EXHIBI1 r A ATTACflMENT 1 - PAGE 3 Table of contents MEMBERS OF THE PLANNING AUTHORITY ................................................... 2 PREAM B LE ......... .'............................................................................................... 3 SECTION 1 : ADMINISTRATION ......................................................................... 3 SECTION 2: APPLICABILITY OF THE PLAN .................................................... 3 SECTION 3: DEFINITIONS ................................................................................. 3 SECTION 4: IMMEDIATE AFTERMATH ............................................................. 4 SECTION 5: SERIOUS PHYSICAL INJURY/DEA TH.......................................... 5 SECTION 6: INVESTIGATION PROTOCOLS..................................................... 8 SECTION 7: DISTRICT ATTORNEy................................................................... 9 SECTION 8: DEBRIEFI NG ................... ................ ......... .................................... 10 SECTION 9: REPORTING, TRAINING, OUTREACH ..............................'......... 10 SECTION 10: FISCAL IMPACT ........................................................................ 12 SECTION 11: PLAN REVISION ........................................................................ 12 SECTION 12: AGENCY POLICIES ................................................................... 12 Plan page I ~-~---~ --- ~ ~~ - - --- ATTACf.IMENT 1 - PAGE 4 \ Members of the Planning Authority Doug Harcleroad, Lane County District Attorney (co-chair) Russ Burger, Lane County Sheriff (co-chair) Lt. Mike Bloom, Oregon State Police Chief Jerry Smith, Springfield Police Department Deputy Les Sieczkowski, Labor Union Representative David Crowell, Public Member Officer Corey Mertz (non-voting member) On January 2,2007, this Plan was approved by the Planning Authority, and submitted for approval to governing bodies of the following jurisdictions: Lane County------------------------------------------------------ Approved/Disapproved ( date) City of Coburg--------------------------------------------------- Approved/Disapproved ( date) City of Cottage Grove------------------------------------------- Approved/Disapproved ( date) City of Eugene---------------------------------------------------- Approved/Disapproved ( date) City of Florence-------------------------------------------------- Approved/Disapproved ( date) City of Junction City--------------------------------------------- Approved/Disapproved ( date) City of Oakridge------------------------------------------------- Approved/Disapproved ( date) City of Springfield----------------------------------------------- Approved/Disapproved ( date) Plan page 2 ATTACflMENT 1 - PAGE 5 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' (1) 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. (2) There shall be six voting members ofthe Planning Authority. The approval of the Plan, elements or revisions thereof, shall be by majority vote. (3) The presence of 2/3 ofthe voting members shall be required in order to hold any vote. (4) Any meeting of a quorum of the voting members of the Planning Authority is subject to Oregon's open meeting law. Section 2: Arwlicability of the Plan (1) This plan shall be applicable, as set forth herein, to any use of deadly physical force by a police officer acting in the course of and in furtherance of his /her official duties, occurring within Lane County. Section 3: Definitions Agency - Means the law enforcement organization employing the officer who used deadly physical force. Plan - 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. '\ Plan page 3 ATTACf.IMENT 1 - PAGE 6 Police- Officer Deadly - Physical Force Serious- Physical Injury Physical- Injury Involved- Officer Means a police officer or reserve officer as defined in ORS 181.610 and who is employed by a law enforcement agency to enforce the criminal laws of the State of Oregon. Means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury. Has the same meaning as "serious physical injury" as defined in ORS 161.015(8). 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. Section 4: Immediate Aftermath (1) When an officer uses deadly physical force, 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) Aftertaking such steps, the officer shall immediately notify his or her agency of the use of deadly physical force. (b) Thereafter, the officer, ifable, 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. (2) If the use of deadly physical force results in physical injury, the Agency may employ its own resources to investigate and document the incident. Plan page 4 ATTACf.IMENT 1 - PAGE 7 (a) This section does not prohibit the Agency from requesting assistance from an outside law enforcement agency. Section 5: Serious Physical Injury/Death When the use of deadly physical force results in death or serious physical injury to 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 ofthe 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 a medical examination. If the officer is not in need of medical treatment, the officer shall be taken to the Agency offices. Ifrequested by the Involved Officer, the officer's union representative shall be notified. (3) As soo~ 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 interview of the involved officer(s) who discharged a firearm during a use of deadly physical force incident resulting in death or serious physical injury, shall occur after a reasonable period of time to prepare for the interview and taking into account the emotional and physical state of the officer(s). The interview shall occur no sooner than 48 hours after the incident, unless this waiting period is waived by the officer. (b) The waiting period does not preclude an initial on-scene conversation with the officer to assess and make an initial evaluation of the incident. (c) The on-scene supervisor shall take immediate action to stabilize the situation, ensure notification of the appropriate staff and agencies, and shall obtain a Plan page 5 ATTACF.IMENT 1 - PAGE 8 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.). (d) 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 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 may 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 death or serious physical injury 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 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 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 8 (1) of this Plan. Plan page 6 ATTACHMENT 1 - PAGE 9 (a) This provision does not prevent the Agency from requiring additional notification requirements within their respective agency policies. (9) In the event of a use of deadly force that results in death or serious physical injury, the investigation shall be conducted by the Interagency Deadly Force InvestigatIons Team (IDFIT). A written agreement shall be adopted and approved by each jurisdiction employing a law enforcement agency. At a minimum, the agreement shall provide for: (a) A mission statement. (b) Who will be the supervisor of the investigating officers, and the manner in which conflicts of interest will be resolved. ( c) The membership of the team, and the manner for selecting the members. (d) Investigative protocols that do not conflict with the requirements of this Plan. ( e) Training of the members in the investigation of use of deadly force incidents. (f) The assignment of at least one officer from an agency other than the involved officer's agency. (g) The assignment of at least one officer from the involved officer's agency. (10) In the event that a conflict exists in the use ofthe IDFIT, the Involved Officer's Agency and the District Attorney shall consult and determine the appropriate manner in which the investigation will proceed. (11) The assignment of outside investigative personnel does not preclude the 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. (12) In order to preserve the integrity ofthe investigation and prosecution, if one occurs, the scene supervisor and investigative supervisor shall notify all involved officers to refrain from making public statements about the investigation, until, Plan page 7 ATTACHMENT 1 - PAGE 10 such time as the investigation has concluded and the District Attorney has made a determination regarding the criminal responsibility of all involved persons. (13) The 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. (14) , Prior to a final determination being made by the District Attorney, the District Attorney and the primary investigative agency shall consult with each other and make a public release of information as is deemed appropriate. Section 6: I nvestigation Protocols (1) 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) (2) The investigation shall be documented in written reports. (a) The IDFIT shall include in the Standard Operating Procedure, a provision regarding the filing of reports regarding the criminal investigation. All police reports regarding the criminal investigation shall be made available to the IDFIT. ' (b) All police reports shall be provided to the District Attorney. Plan page 8 ATTACHMENT 1 - PAGE 11 Section 7: District Attorney (1) When an incident ofthe use of deadly physical force by an officer occurs, and death or serious physical injury 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 or serious physical injury 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. (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 ofthe 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) Ifthe 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. (4) If the use of deadly physical force results in physical injury to someone other than a police officer, upon completion of the investigation, all investigative information shall be forwarded to the District Attorney for review. Plan page 9 - -- ATTACf.IMENT 1 - PAGE 12 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 function. 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 Agency. The requirements of this section provide a minimum framework, and are not intended to take the place of Agency policy. Agencies are encouraged to develop formal procedures to deal with an officer's stress response following a use of deadly force incident. Such policies should include a procedure that is implemented from the time of the incident and continue over time. (1) Upon a final determination by the District Attorney, the Agency shall conduct an internal review of the matter for compliance with agency policy. Such review, at, a minimum shall include a review of the incident with the involved officer. (2) Ifthe incident is of such a magnitude that agency-wide morale is implicated, the Agency shall take such steps as it deems necessary to ensure professional police services are provided, and to develop strategies to restore morale. (3) Each agency shall provide for a process for any officer who makes a request, to participate in a critical incident debriefing. (4) Ifavailable, agencies should encourage officers to take advantage of Employee Assistance Programs, and if appropriate, agencies should request assistance from other agencies that may have in place formal programs for dealing with critical incidents. Section 9: Reporting, training, outreach (1) Each law enforcement agency within Lane County, shall include in the agency policy regarding the use of deadly force, a provision regarding engaging members of the community in a discussion regarding the Agency's policies on the use of deadly force, and well as discussions regarding the use of deadly force by the Agency's personnel. ' J Plan page 10 ATTACf. [MENT 1 - PAGE 13 (2) Each law enforcement agency within Lane County shall provide a copy of this Plan to. every officer, incorporate the plan into agency policy dqcuments and provide training to officers on the implementation of the plan. (3) Upon the conclusion ofthe investigation, the announcement by the District Attorney pursuant to Section 8 (3) of this Plan, and the debriefing, the Agency shall complete the Attorney General's report regarding the use of force, and submit the report to the Attorney General. (4) 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. 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 ofless than lethal force. f. Crisis intervention and the use of force. g. Use of force in dealing with the mentally ill. Each agency shall have a written policy and monitoring system to ensure that the standards are met. ,(5) Upon adoption ofthis 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, and quasi- governmental bodies. (6) At least once per calendar year, the Agencies subject to this Plan shall collectively conduct a seminar intended to educate the media, government lawyers, and selected members of the Lane County community in the use of force by law enforcement officers ,and the investigation of such incidents. (7) Prior to the adoption of this Plan, the Planning Authority shall take steps to engage the Lane County community in a discussion regarding the purpose of the Plan page 11 ATTACHMENT 1 - PAGE 14 PI~, 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 ofthe Plan as described in sections (a) to (e) of Section 2 (4) of Senate Bill!!!, Oregon Laws 2006. Section 11: Plan Revision (1) As provided in the IDFIT written agreement, the Planning Authority shall meet to review and discuss the operation ofthe Plan and the IDIFT. (2) Ifa 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 Plan page !2 ATTACHMENT 1 - PAGE 15 ;. Interagency Deadly Force Investigations Team Memorandum of Understanding In conjunction with the Lane County Use of Force Plan, the undersigned agencies believe that an interagency team of investigators that is available to conduct investigations into a use of deadly physical force incident, will result in increased public confidence in the outcome of such investigations. The undersigned agencies are able to contribute high quality investigators to this team; resulting in thorough, fair and professional investigations. ' , The investigation conducted by the Team is a criminal investigation, to ascertain the presence or absence of criminal activity as a result of the use of deadly physical force by the officer, or to determine the presence of criminal activity by any other person associated with the incident. Therefore, the undersigned agencies agree as follows: Team membership 1. The Team will be supervised by a detective Sergeant from the Oregon State Police. 2. The detective Sergeant from the Lane County Sheriffs Office will be assigned to the Team, and work in conjunction with the State Police Sergeant, and may assume the Supervising Sergeant responsibilities, as needed. 3: 2 detectives will be assigned from the Eugene Police Department. 4. 2 detectives will be assigned from the Springfield Police Department. 5. 2 detectives will be assigned from the Lane County Sheriffs Office. IDPFIT Agreement Page I ATTACf.IMENT 2 - PAGE 1 6. 2 detectives will be assigned from the Oregon State Police. 7. 2 investigators will be assigned from the ranks of the remaining departments that are a party to this agreement. The investigators will be chosen from 2 separate agencies. 8. Each participating agency with an officer assigned to the Team as set forth in sections 1-7 above, shall also identify back-up investigators, so that a readily identifiable source of additional investigators is available to the Supervising Sergeant. Back-up investigators are not obligated to participate in Team training. Selection of Members 1. The selection of the members of the Team, or changes to membership, will be made by the Supervising Sergeant. Each participating agency will submit the names of potential candidates along with a description oftheir qualifications that make them suitable for assignment to the Team. 2. Member agencies shall endeavor to make a 3-year commitment of the investigator to the Team. Additional Investigative Resources 1. In all investigations, the Supervising Sergeant shall make sure that at least one officer is assigned to the team from the agency employing the officer involved in the use of deadly physical force. 2. In the event that additional investigative resources are needed, the Supervising Sergeant may call upon any of the agencies that are a party to this agreement, to provide those resources. Supervising Sergeant Responsibilities 1. The Supervising Sergeant is responsible for coordinating the investigation and making assignments to investigators. 2. The Supervising Sergeant is responsible for assigning a Lead Investigator to the case. The Lead Investigator shall not be from the involved officer's agency. IDPFIT Agreement Page 2 ATTACF.IMENT 2 - PAGE 2 3. The Supervising Sergeant is responsible for ensuring that the investigation complies with the terms of the Lane County Deadly Physical Force Plan. 4. The Supervising Sergeant is responsible for briefing the administration of the involved officer's agency and the District Attorney, and for keeping them apprised of the progress of the investigation. 5. The Supervising Sergeant is responsible for ensuring a comprehensive investigation, and presenting the results thereof to the District Attorney. 6. The Supervising Sergeant shall be responsible for briefing persons responsible for the administrative investigation, and if appropriate, allow the administrative investigators access to the crime scene for the purposes of familiarization. 7. The Supervising Sergeant is responsible for notifying the Medical Examiner, in the event of a use of deadly force incident resulting in a death. 8. At the conclusion ofthe investigation, the Supervising Sergeant is responsible for I ensuring the preparation of a casebook to be delivered to the District Attorney for reVIew. 9. The Supervising Sergeant is responsible for establishing minimum training requirements, and ensuring compliance with those requirements by members of the Team. Member Agency Responsibilities 1. Individual members of the Team remain responsible to respective agencies for conduct, performance, and activities while assigned to the Team. 2. Member agencies are responsible for all expenses associated with the assignment of an investigator to the team, including education and training. 3. When an incident involving the use of deadly physical force by an officer results in death or serious physical injury, the involved officers agency is responsible for notifying the Supervising Sergeant of the incident, and for notifying the District Attorney's Office of the incident. 4. The involved officer's agency shall identify to the Supervising Sergeant and Lead Investigator the investigator or other staff that will be conducting the administrative investigation, if any. 5. The Lane County Sheriffs Office shall responsible for data entry (AIRS, LEDS, NCIC) regarding any incident investigated by the Team. IDPFIT Agreement Page 3 ATTACHMENT 2 - PAGE 3 Investigative Protocols 1. The investigation conducted by the Team will at all times have priority over any administrative investigation. 2. The Team has the responsibility for the collection and preservation of evidence at the scene. The Supervising Sergeant, in consultation with the District Attorney's Office is authorized to make the decision on whether the crime scene services of the Oregon State Police, or the Eugene Police Department, will be deployed. The crime scene services ofthe involved officer's agency will not be utilized, unless exigent circumstances exist. a. The crime scene services unit shall be responsible to the Supervising Sergeant and the Lead Investigator. 3. The Supervising Sergeant is also authorized to make the decision on which agency will be designated to take control of seized evidence. That agency will assign an appropriate person or persons to be designated as the evidence officer. 4. Upon arrival, the Team shall assume control of the incident scene. The Supervising Sergeant is authorized to call upon the resources of any agency to provide crime scene security. Access to the scene will be under the control 'of the Team. Appropriate records will be kept regarding persons who 'access the scene. No items will be removed from the scene without the permission ofthe Supervising Sergeant or Lead Investigator. 5. All original reports shall be submitted to the Supervising Sergeant for approval prior to formal submission to the investigators agency. Copies of all reports will be provided to the Supervising Sergeant and Lead Investigator. 6. On or before September 1, 2008, the Team will establish written compilation of standard operating procedures to act asa guide to Team investigations. Training 1. The Supervising Sergeant is responsible for scheduling periodic meetings of the Team. The Team shall meet at a minimum once each quarter of the fiscal year. 2. Each agency which has an officer assigned to the Team is responsible for arranging training appropriate to the assignment of the officer to investigations involving the use of deadly physical force by law enforcement. rDPFIT Agreement Page 4 ATTACHMENT 2 - PAGE 4 Review 1. The parties to this Agreement shall jointly meet with the Lane County Deadly Force Planning Authority, annually on the first Monday in February, or as otherwise needed, to review the operation of this Agreement and the Deadly Physical Force Plan. Effective Date 1. The investigative responsibilities of the Team become effective upon the final approval of the Lane County Deadly Force Plan. I have reviewed this document and agree to the conditions contained therein. My signature confirms my agency's commitment to participation in the Interagency Deadly Force Investigations Team. Mike Bloom, Lt. Oregon State Police Date Russ Burger Lane County Sheriff Date Date Robert Lehner,' Chief Eugene Police Department Jerry Smith, Chief Springfield Police Deparment Date Ken Hancock, Chief Junction City Police Department Date IDPFIT Agreement Page 5 n ATTACHMENT 2 - PAGE 5 Mike Grover, Chief Cottage Grove Police Department Date Maurice Sanders, Chief Florence Police Department 'Date Louis Gomez, Chief Oakridge Police Department Date John Bosley, Chief Coburg Police Department Date Brad Kneaper, Chief Confederated Tribes ofthe C,LU, and S, Police Department Date IDPFIT Agreement Page 6 ATTACf.IMENT 2 - PAGE 6