HomeMy WebLinkAboutResolution 08-02 01/22/2008
CITY OF SPRINGFIELD, OREGON
RESOLUTION NO. 08-02
A RESOLUTION APPROVING THE LANE COUNTY DEADLY FORCE PLAN AS
CREATED BY THE LANE COUNTY 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 nonmanagement 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 and 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.
Adopted by the Common Council and approved by the Mayor of the City of Springfield, Oregon
this ? ?nd day of January, 2008 adopted by a vote of -L for and ~ against.
ATTEST:
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Amy sowa(Jity Recorder
REV![WED 81 A~PROVED
AS TO FORM
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DATE: 1117/0)1
OFFICE OF CITY ATTORNEY
RESOLUTION NO. 08-02
DEADLY
PHYSICAL
FORCE
PLAN
Lane County ,
Use of Deadly Physical Force
Planning Authority
RESOLUTION NO. 08-02
EXHIBIT<K
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 INJURYIDEA TH..................................~....... 5
SECTION 6: INVESTIGATION PROTOCOLS..................................................... 8
SECTION 7: DISTRICT ATTORNEy................................................................... 9
SECTION 8: DEBRIEFING ................................................................................ 10
SECTION 9: REPORTING, TRAINING, OUTREACH ....................................... 10
SECTION 10: FISCAL IMPACT ........................................................................ 12
SECTION 11: PLAN REVISION ........................................................................ 12
SECTION 12: AGENCY POLICIES ................................................................... 12
Plan page 1
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 merpber)
On January 2,2007, this Plan was approved by the Planning Authority, and submitted for
approval to governing bodies ofthe 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
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 ofthe 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 of the Planning Authority. The approval ofthe
Plan, elements or revisions thereof, shall be by majority vote.
(3) The presence of2/3 of the 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: Agplicability 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
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) 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.
(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
(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 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 a medical examination.
If the officer is not in need of medical treatment, the officer shall be taken to the
Agency offices. 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 interview of the involved officer(s) who discharged a firearin during
a use of deadly physical force incident resulting in death or serious
physical injury, shall occur after a reasonable period oftime 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
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
(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 of the 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 of the 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
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: Investigation 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
Section 7: District Attorney
(1) When an incident of the 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 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) Ifthe 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-invo1ved 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
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 overtime.
(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 ofthe incident with the involved officer.
(2) If the 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) Ifavai1able, 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.
Plan page 10
(2) Each law enforcement agency within Lane County shall provide a copy of this
Plan to every officer, incorporate the plan into agency policy documents and
provide training to officers on the implementation of the plan.
(3) Upon the conclusion of the 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, ofthat
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 of less 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 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~ 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
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 Revision
(1) As provided in the IDFIT written agreement, the Planning Authority shall meet to
review and discuss the operation of the Plan and the IDIFT.
(2) If a revision ofthe 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
J
Plan page 12