Res 1889 - Law Enforcement Deadly ForceCOUNCIL BILL NO. 2718
RESOLUTION NO. 1889
A RESOLUTION APPROVING THE LAW ENFORCEMENT USE OF DEADLY PHYSICAL
FORCE RESPONSE PLAN PURSUANT TO SB 111, OREGON LAWS 2007.
WHEREAS, the 2007 Oregon Legislature enacted Senate Bill 111 that
requires the creation of a Law Enforcement Deadly Use of Force Planning
Authority in every county; and
WHEREAS, this Planning Authority consists of the Sheriff, District Attorney, a
Police Chief, a member of the Oregon State Police, a police labor
representative, and a public member; and
WHEREAS, this Planning Authority is charged with preparing a response
plan for the use of all state and local law enforcement agencies within each
county whenever deadly force is used by a police officer; and
WHEREAS, the Marion County Planning Authority has developed such a
plan after obtaining input from the public and law enforcement agencies within
the county; and
WHEREAS, SB 111 requires that all governing bodies within the county
consider the formal adoption of the plan; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The City of Woodburn adopts the Marion County Law
Enforcement Use of Deadly Physical Force Response Plan pursuant to Senate Bill
1 1 1, Oregon Laws 2007.
Section 2. A copy of said plan is attached hereto as Exhibit "A" and is
incorporated herein.
Approved as to form: i/ 4/Z
City Attorney / Da
Appro*d:
Page 1 — Council Bill No. 2718
Resolution No. 1889
athryrl Figley/ Mc ydr
11
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: P -u.
May Te nant City Recorder
City of Woodburn, Oregon
Page 2 — Council Bill No. 2718
Resolution No. 1889
April 28, 2008
April 30, 2008
April 30, 2008
1 30, 2008
Exhibit A
LAW ENFORCEMENT
USE OF
DEADLY PHYSICAL FORCE
RESPONSE PLAN
Marion County
Use of Deadly Physical Force
Planning Authority
Table of Contents
MEMBERS OF THE PLANNING AUTHORITY....................................................2
PREAMBLE..........................................................................................................4
SECTION 1: ADMINISTRATION..........................................................................4
SECTION 2: APPLICABILITY OF THE PLAN.....................................................4
SECTION 3: DEFINITIONS..................................................................................4
SECTION 4: IMMEDIATE AFTERMATH.............................................................5
SECTION 5: SERIOUS PHYSICAL INJURY/DEATH..........................................5
SECTION 6: INVESTIGATION PROTOCOLS.....................................................8
SECTION 7: DISTRICT ATTORNEY....................................................................9
SECTION 8: DEBRIEFING...................................................................................9
SECTION 9: REPORTING, TRAINING, OUTREACH........................................10
SECTION 10: FISCAL IMPACT.........................................................................11
SECTION 11: PLAN REVISION.........................................................................11
SECTION 12: AGENCY POLICIES....................................................................12
Deadly Physical Force Plan - Marion County
Members of the Planning Authority
Walt Beglau, Marion County District Attorney (co-chair)
Russ Isham, Marion County Sheriff (co-chair)
Lt. Mike Peterson, Oregon State Police
Chief Jerry Moore, Salem Police Department
Detective Mike Beach, Labor Union Representative
Bert Ortiz, Public Member
Sgt. Molly Cotter (OSP, non-voting member)
On *, 2008, this Plan was approved by a *-* of the Planning Authority, and submitted for
approval to governing bodies of the following jurisdictions:
Marion County --------------------
City of Aurnsville -----------------------------------
City of Aurora -----------------------------
City of Detroit--------------------------------
Approved/Disapproved (date)
Approved/Disapproved (date)
--Approved/Disapproved (date)
--------Approved/Disapproved (date)
City of Donald----------------------------------------------------- Approved/Disapproved (date)
City of Gates------------------------------------------------------- Approved/Disapproved (date)
City of Gervais-----------------------------------------------------Approved/Disapproved (date)
City of Hubbard----------------------------------------------------Approved/Disapproved (date)
City of Idanha------------------------------------------------------ Approved/Disapproved (date)
City of Jefferson--------
Approved/Disapproved (date)
City
of Keizer------------------------------------------------------
Approved/Disapproved
(date)
City
of Mill City---------------------------------------------------Approved/Disapproved
(date)
City of Mt. Angel--------------------------------------------------Approved/Disapproved (date)
City of St. Paul-----------------------------------------------------Approved/Disapproved (date)
Deadly Physical Force Plan - Marion County 2
City of Salem ------------------------------------------------------- Approved/Disapproved (date)
City of Scotts Mills-------------------------------------------------Approved/Disapproved (date)
City of Silverton----------------------------------------------------Approved/Disapproved (date)
City of Stayton------------------------------------------------------ Approved/Disapproved (date)
City of Sublimity --------------------------------------------------- pproved/Disapproved (date)
City of Turner-------------------------------------------------------Approved/Disapproved (date)
City of Woodburn
Approved/Disapproved (date)
Upon receiving a vote of approval from 2/3 of the above jurisdictions, this Plan was
submitted to the Attorney General, who approved the Plan on ***.
Deadly Physical Force Plan - Marion County 3
Preamble
Marion County Law Enforcement recognizes the importance to both their agencies and
our communities to ensure any use of deadly force is investigated in a professional,
competent and impartial manner. The openness with which we proceed in these
investigations is critical to establishing and maintaining trust within the community. It is
clear our citizens examine closely the actions any law enforcement agency takes when
their officers utilize deadly physical force, and it is our goal to ensure the community is
confident and accepting of the actions Marion County Law Enforcement agencies take
when involved in these situations.
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 of the Planning Authority. The approval of the
Plan, elements or revisions thereof, shall be by majority vote.
(3) The presence of 2/3 of the voting members shall be required in order to hold any
vote.
Section 2: Applicability of the Plan
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 Marion 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.
Deadly — Means physical force that under the circumstances in which it is used is
Physical readily capable of causing death or serious physical injury.
Force
Deadly Physical Force Plan - Marion County 4
Serious - Means physical injury which creates a substantial risk of death or which
Physical causes serious and protracted disfigurement, protracted impairment of
Injury health or protracted loss or impairment of the function of any bodily
organ. (ORS 161.015(8))
Physical - Means impairment of physical condition or substantial pain that does not
Injury amount to "serious physical injury."
Involved - Means the person whose official conduct, or official order, was the cause
Officer 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 and health 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) When the use of deadly physical force results in physical injury to any person, the
Agency may employ its own resources to investigate and document the incident.
This section does not prohibit the Agency from requesting assistance from an
outside law enforcement agency.
Section 5: Serious Ph sical 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:
Deadly Physical Force Plan - Marion County
(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(l) of
the Plan, and the duties shall be re -assigned to uninvolved police personnel.
(2) The on -scene supervisor shall take immediate action to stabilize the situation,
ensure notification of the appropriate staff and agencies, and shall obtain
information relevant to public safety (e.g. outstanding suspects, location of
evidence, direction of travel, etc.).
(3) As soon as practicable, each Involved Officer shall leave the scene with a
companion officer, 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 a location designated by the investigative
agency. Following the use of deadly physical force, the officer's union
representative shall be notified.
(4) 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.
(5) Notification shall be made to the District Attorney as provided in Section 7(l) of
this Plan. This provision does not prevent the Agency from requiring additional
notification requirements within their respective agency policies.
(6) As soon as practicable, the duty weapon of any officer who fired his/her weapon
shall be seized by investigators, and replaced with a substitute weapon, if
appropriate. Other involved officers' weapons are subject to seizure by the
investigative agency.
(7) 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 debriefing with
the officer to assess and make an initial evaluation of the incident.
Deadly Physical Force Plan - Marion County 6
(c) The scene shall be secured and managed consistent with the control of any
other major crime scene. Only personnel necessary to conduct the
investigation shall be permitted access to the scene. When it is determined
that no evidence will be contaminated or destroyed, the officer(s) involved
may conduct a "walk through" to assist in the investigation.
(8) 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. 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.
(9) In the six 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.
(10) In the event of a use of deadly force that results in death or serious physical
injury, it is recommended that members of an organization outside the involved
officer's agency conduct the investigation under the direction of the District
Attorney. Members of the involved officer's agency may assign personnel to
assist in the investigation as directed by the lead investigative agency.
(a) An outside agency may include the Oregon State Police, the Marion
County Homicide Assault Response Team (HART), or any other agency
which has the expertise necessary to investigate a deadly force situation.
(b) The Marion County District Attorney shall be consulted whenever one
agency requests another to investigate any deadly force situation which
results in death or serious physical injury.
(c) At least one officer from an outside agency shall be assigned to the
investigative team in the event an agency investigates their own officer's
Deadly Physical Force Plan - Marion County 7
use of deadly force.
(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, the scene supervisor and
investigative supervisor shall notify all involved officers to refrain from making
public statements about the investigation, until such time as the investigation has
concluded and the District Attorney has made a determination regarding the
criminal responsibility of all involved persons.
(13) As soon as practical, and in conjunction with the District Attorney's Office and
the lead investigative agency, the involved officer's agency shall release an initial
public statement about the incident. The statement shall include, as appropriate:
(a) The time and location of the incident;
(b) The condition of any suspect;
(c) The nature of the use of deadly physical force;
(d) Any other information the District Attorney, lead investigative agency, or
the involved officer's agency deems necessary given the particular
circumstances of the incident.
Section 6: Investigation Protocols
(1) The investigation, at a minimum, shall consist of:
(a) Eyewitness and involved party interviews;
(b) Evidence collection;
(c) Scene documentation;
(d) Involved Officer interview(s).
(2) The investigation shall be documented in written reports, and all police reports
and taped statements shall be provided to the investigative agency and the District
Attorney.
Deadly Physical Force Plan - Marion County 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 immediately notify the
District Attorney's Office. Notification shall be made through the established on-
call procedure.
2) When a use of deadly physical force by an officer occurs, and death or serious
physical injury results, the District Attorney or his or her designee will consult
with the agency regarding the investigation and implementation of 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) The District Attorney will consult with the investigating agencies and
make a decision on whether to present the case to a Grand Jury.
(b) The timing of the decision will be made by the District Attorney,
considering the availability of admissible evidence.
(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 through his or her
representative.
(d) Upon a final decision by the Grand Jury, the District Attorney shall notify
the investigating agency and the involved officer's agency of the
conclusions of the Grand Jury proceeding under this plan. The District
Attorney shall also release the Grand Jury conclusions to the public.
Section 8: Debriefing
The use of deadly physical force by an officer has the potential to create strong emotional
reactions which have the potential to interfere with an officer's ability to 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
Deadly Physical Force Plan - Marion County 9
policies should include a procedure that are 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(s).
(2) Each agency shall provide a process for any officer(s) who makes a request, to
participate in a critical incident debriefing.
(3) If available, 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 Marion County shall include in its 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, as well as discussions regarding the use of deadly force by the Agency's
personnel.
(2) Each law enforcement agency within Marion 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 7(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 three-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 four (4) hours per year, 12 hours over a three-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;
Deadly Physical Force Plan - Marion County 10
(b) Tactical Shooting;
(c) SWAT training;
(d) Use of force in making an arrest;
(e) Use of non -lethal force.
Each agency shall have a written policy and monitoring system to ensure that
the standards are met.
(5) Prior to the adoption of this Plan, the Planning Authority shall take steps to
engage the Marion County community in a discussion regarding the purpose of
the Plan, and the elements contained therein. Such steps shall include, but are not
limited to general public release of the draft, discussion with the media, providing
the draft to agency employees, union representatives, elected officials, and
members of relevant boards or commissions.
(6) After 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.
(7) At least once per calendar year, the Agencies subject to this Plan shall collectively
conduct a seminar intended to educate the media and selected members of the
Marion County community in the use of force by law enforcement officers, and
the investigation of such incidents.
Section 10: Fiscal Impact
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 2007.
Section 11: Plan Revision
If a revision of the Plan becomes advisable, the Planning Authority shall meet and
discuss such a revision. If the Planning Authority adopts a revision, such revision shall
be submitted for approval as provided by statute.
Deadly Physical Force Plan - Marion County 11
Section 12: Agency Policies
*the plan must address the manner in which the agencies will comply with this
requirement.
Deadly Physical Force Plan - Marion County 12