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:
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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