St. Johns County Sheriff's Office Agency Vehicle Crashes Policy 61.16 PDF

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Agency Vehicle Crashes Policy 61.16 Effective Date: 06/30/2006 Amended Date: 09/15/2023 ACCREDITATION STANDARDS CALEA: 61.1.1, 61.2.2 CFA: FCAC: FLA-TAC: FMJS: Discussion: The St. Johns County Sheriff’s Office promotes the safe operation...

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Agency Vehicle Crashes Policy 61.16 Effective Date: 06/30/2006 Amended Date: 09/15/2023 ACCREDITATION STANDARDS CALEA: 61.1.1, 61.2.2 CFA: FCAC: FLA-TAC: FMJS: Discussion: The St. Johns County Sheriff’s Office promotes the safe operation of agency vehicles, whether in routine duties or when engaged in emergency operation. This policy establishes guidelines and procedures on traffic crashes involving agency vehicles. DEFINITIONS Agency – Refers to St. Johns County Sheriff’s Office Agency Vehicle Traffic Crash - When a vehicle owned, leased, or operated by the agency comes in contact with another object or vehicle resulting in injury, death, or damage. The following exceptions would not constitute an agency traffic crash even though the agency vehicle is in motion:  When conducting training at a scheduled training event  Precision Immobilization Technique (PIT), or while using a forcible stopping technique  When minimal damage occurs within the scope of the employee’s duties and no other outside party is involved  Policy 1.8 Response to Resistance and 41.6 Pursuits and Apprehension Techniques states any damage or injuries incurred as a result of vehicular contact between a suspect vehicle and an agency vehicle shall not be considered a crash if a suspect’s driving actions were intentional and may be considered aggravated battery, attempted murder, or murder Serious Injury - Any injury which results in a permanent disfigurement, which is life threatening, or which results in a fatality. Agency Vehicle Damage - When a vehicle owned, leased, or operated by the agency receives damage by way of anything other than described above in Agency Vehicle Traffic Crash; see Equipment / Property Damage of Agency Vehicles section. GENERAL.1 It shall be the responsibility of each employee to operate agency vehicles efficiently, maintain, and drive the vehicle in observance of all rules of the road, in order to reduce the likelihood of traffic crashes or injury. Agency Vehicle Crashes 61.16 Page 1 of 7 CRASH INVESTIGATION [61.2.2, a, b].2 Per policy 81.6 Incidents Requiring a Patrol Supervisor, Patrol Shift Supervisors are required to respond to any agency vehicle crashes or incident with agency vehicle damage inside St. Johns County. The responding Patrol Shift Leader will determine which agency will investigate the crash and what other resources are needed..3 If reasonable suspicion of impairment exists, deputy(s) may be subject to urine or blood samples in all at-fault agency crashes at the approval of a Watch Commander or above. It may also be requested by the employee involved in the crash. See policy 26.6 Drug Screening for mandatory requirements for post-incident drug and alcohol testing..4 BlueTeam entry for agency vehicles shall be completed when a vehicle owned / leased / operated by the St. Johns County Sheriff’s Office comes in contact with any object, regardless of injury, damage, or location of incident. Pictures shall be taken of the scene to show the suspected or known area of impact even when there appears to be no damage..5 The Patrol Shift Leader or designee will be required to make the BlueTeam entry within ten (10) days of occurrence and ensure a traffic crash report is completed. Photos, video, and statements will be attached to the BlueTeam entry.  Completed BlueTeam entry reports shall be forwarded to the affected chain of command, up to the Captain, for review  The affected Captain is responsible for determining if the incident shall be forwarded to the Traffic Crash Review Board for further investigation Crashes Investigated by FHP or Other Law Enforcement Authority [61.2.2, a].6 Agency vehicle crashes which occur outside St. Johns County or within jurisdiction of another law enforcement agency shall be investigated by FHP, or the law enforcement agency having jurisdiction..7 The involved employee is responsible for obtaining and forwarding a copy of the traffic crash report to their Supervisor as soon as possible. The employee’s Supervisor is responsible for creating a BlueTeam entry and attaching the traffic crash report to the entry within ten (10) days of occurrence. Crashes Investigated by the St. Johns County Sheriff’s Office [61.2.2, a].8 Crashes involving an agency vehicle with damage only to the agency vehicle may be investigated by the Patrol Shift Leader or designee..9 Crashes occurring within St. Johns County involving agency vehicles and property of another will require investigation by the St. Johns County Sheriff’s Office Traffic Unit. Agency Vehicle Crashes 61.16 Page 2 of 7 AGENCY TRAFFIC CRASHES WITH SERIOUS INJURY.10 In the case of a traffic crash involving serious injury or death and it is the opinion of the investigating deputy or the chain of command (primarily the on-scene Supervisor) there is a reasonable suspicion the employee is impaired, a criminal traffic crash investigation will be completed by a Traffic Homicide Investigator. [61.2.2, b]  All employees involved in a traffic crash shall report the injury to the Workers’ Compensation company by calling 321-832-1669 and, if needed, will be transported to the nearest hospital. If the injury is minor, the employee may choose to wait until the next business day to be seen at an approved Workers’ Compensation treatment facility. PROHIBITED ACTIONS AT TRAFFIC CRASH SCENES.11 Employees involved in traffic crashes with an agency vehicle shall:  Refrain from issuing a summons or making an arrest of the driver of the other vehicle for a traffic violation. This will be the responsibility of the investigating agency.  Refrain from providing any opinion as to the fault(s) for the cause of the crash to the officer investigating the crash. Employees, including those who may have witnessed the crash, will refrain from discussing their opinion with others including any other drivers, passengers, or witnesses. REPORTING AND NOTIFICATION REQUIREMENTS Employee.12 Employees shall perform the following actions when involved in an agency traffic crash:  Report the traffic crash immediately to Communications  Check on the welfare and safety of the parties involved [61.2.2, b]  Notify immediate Supervisor as soon as possible  In cases in which the driver or passenger of the agency vehicle actually observes the other driver commit a traffic violation causing the traffic crash, the driver of the agency vehicle shall appear in court and testify  In the case of a minor traffic crash with no injury and the vehicles are drivable, the vehicles should be safely removed from traffic lanes and parked out of travel lanes or on the shoulder to await the appropriate investigating agency  If the involved agency vehicle is operational, the employee will obtain estimates Communications.13 Communications will notify the following:  Fire / Rescue as needed  Shift Leader responsible for the involved district / sector Agency Vehicle Crashes 61.16 Page 3 of 7 RESPONSIBILITIES Responding Patrol Shift Leader [61.2.2, b, d, g].14 The Patrol Supervisor shall be responsible for the following:  Respond to the scene  Check on welfare of employee and citizens [61.2.2, b]  Check for the possibility of any conflict of interest in the traffic crash investigation. Should such a conflict exist, the Watch Commander shall be notified immediately  Ensure the crash is investigated by the law enforcement agency having jurisdiction  Ensure a General Offense / Incident Report and / or Traffic Crash report is completed [61.2.2, d]  Ensure photographs of the crash scene are obtained. This includes photographs of vehicle damage and the scene surroundings  Ensure the photographs are attached to the BlueTeam data entry  Notify the immediate Supervisor of the involved employee(s)  A criminal investigation will be completed if there is probable cause to believe the employee is under the influence of an intoxicant to the extent their normal faculties are impaired  Review and follow policy 26.6 Drug Screening when there is reasonable suspicion an employee has used a drug, alcohol or other controlled substance in violation of the agency policies, rules and regulations  Ensure any employee and / or passengers who are employees report the injury to Workers Compensation company by calling 321-832-1669 as required by policy  Review the reports with the appropriate Supervisor  Ensure the Fleet Manager has been notified via BlueTeam of any crash involving an agency vehicle Civilian Supervisor.15 In the event of civilian employees involved in a crash while driving an agency vehicle, the civilian Supervisor will respond in the event the crash involves serious bodily injury or death. The Supervisor’s role will be to support their subordinate in ensuring all policies and procedures are followed. Patrol Watch Commander or Above Responsibilities.16 The Patrol Watch Commander or above will be responsible for the following items:  Respond to the scene of traffic crashes involving personal injury, death, or extreme property damage  Check on welfare of employee(s) and citizens [61.2.2, b]  Ensure the affected agency member’s chain of command is notified. Command Staff shall be notified if the traffic crash involves personal injury or death.  If serious on the job injury / crash occurred to any agency employee, notify Risk Management who will assist with any Workers’ Compensation events and post incident testing  Review the reports with the Patrol Supervisor  Review BlueTeam entry and forward to affected Captain Agency Vehicle Crashes 61.16 Page 4 of 7 Patrol Captain Responsibilities.17 The Patrol Captain will be responsible for the following:  Respond to the scene if the incident involves serious injury, damage, or death (1) Notify Command Staff  Ensure no conflict of interest exists in the investigation  Ensure the final traffic homicide investigation (THI) report is received.18 Affected Captains are responsible for determining if completed BlueTeam entries require further investigation by the Traffic Crash Review Board. General Services Division Director Responsibilities.19 General Services Division Director will be responsible for the following:  In crashes of excessive damage or death, the General Services Division Director shall ensure General Services Division / Risk Management responsibilities are completed. Fleet Responsibilities.20 The Fleet Manager will be responsible for the following:  Forwarding all information concerning the vehicle traffic crash to the agency’s vehicle insurance carrier  Contacting the agency’s vehicle insurance claims adjuster  Notifying the employee who is assigned to the vehicle when the vehicle has been cleared by insurance adjusters, or damage estimates received and vehicle is ready for repairs  Completing any follow up notifications which may be required through our carrier or any other party’s carrier and ensure all billing has been directed through the insurance carrier TRAFFIC CRASH REVIEW BOARD (AGENCY VEHICLE DAMAGE REVIEW BOARD).21 All crashes involving agency vehicle damage shall be reviewed by the Traffic Crash Review Board. Crash reviews should be completed within thirty (30) days of the crash. More frequent meetings may be conducted as needed for quantity of crashes or in the circumstance of a serious crash..22 The Traffic Crash Review Board will consist of:  Officer in Charge – Traffic Sergeant or designee  Assistant OIC  Deputy(s) of the Traffic Unit  If additional members are needed for the Board, they will be selected by the OIC and should have experience in traffic investigations or be certified as a Driving Instructor.23 The Traffic Crash Review Board is not a disciplinary or investigatory board..24 During crash reviews, if issues are identified which would suggest a need for review by Internal Affairs, the review packet will be forwarded to the affected Division Director with a cover memo identifying the reason for the recommendation..25 The Traffic Crash Review Board Officer in Charge will submit an annual Agency Vehicle Crash analysis to the Sheriff. [61.1.1, a] Agency Vehicle Crashes 61.16 Page 5 of 7 Notification of Traffic Crash Review Board Findings.26 The Board will forward its findings to the affected Division Director using the Traffic Crash Review Board Recommendation Report (SJSO-290)..27 The affected Division Director will forward the Traffic Crash Review Board Recommendation Report (SJSO-290) to the appropriate Supervisor to take any recommended action..28 The Supervisor taking action will meet with the employee to review the Traffic Crash Review Board’s findings regardless of findings of fault..29 All other documents relating to the Traffic Crash Review Board will be retained in BlueTeam. Division Director / Designee Review of the Traffic Crash Review Board.30 The affected agency member’s Division Director or designee will review the findings of the Agency Vehicle Crash Review Board prior to considering the range of disciplinary action. The Division Director will make the final decision regarding any potential discipline or additional training by reviewing the incident in its entirety and, when appropriate, seek input from the affected employee’s supervisory chain of command. The Division Director / designee will also be responsible to ensure notification is made to the affected employee as to the disposition of the review. DISCIPLINARY ACTIONS.31 This discipline guide may be changed, adjusted or eliminated at the discretion of the Sheriff..32 There shall be no varying degree of at fault-based percentage; the operator shall be “at fault” or “not at fault.” If there is doubt as to “at fault”, the deputy will be given the benefit thereof..33 Remedial training will be recommended in all at fault crashes. For more on Remedial Training see policy 33.3 Agency Training Format. Discipline Guide.34 The disciplinary actions stated in this policy are to be used as guidelines. The final decision will be left to the discretion of the affected agency member’s Division Director who has the authority to consider aggravating or mitigating circumstances to the findings of the crash. These determinations may affect any disciplinary decisions. In the event of serious misconduct, deliberate violation of policy, gross negligence, or history of at fault crashes the affected Division Director reserves the right to recommend more severe disciplinary action to include, but not limited to, suspension without pay, additional suspension of vehicle takehome privilege, up to and including termination..35 To assist in the final disciplinary decision, the Traffic Crash Review Board will compile a history of all traffic crashes in which the employee has been involved. This will include a synopsis of each crash and include the designation of “at fault” or “not at fault.” The Traffic Crash Review Board will include what prior disciplinary action was taken for any prior at fault crashes. Agency Vehicle Crashes 61.16 Page 6 of 7.36 First at fault traffic crash within a thirty-six (36) month period: Written Consultation Form..37 Second at fault traffic crash within a thirty-six (36) month period: Written Consultation Form and the suspension of the vehicle take home privilege for one (1) working day..38 Third and subsequent at fault crash within a thirty-six (36) month period: Discipline shall be recommended by the employee’s Division Director with the final decision being made by the Sheriff or designee. Violations could result in a Written Reprimand up to the recommendation for termination. Additionally, the Division Director will make a recommendation for the duration of the suspension of the vehicle take home privilege. EQUIPMENT / PROPERTY DAMAGE OF AGENCY VEHICLES.39 When an agency vehicle or equipment is damaged or destroyed in any manner not previously covered as a crash such as an act of nature or criminal mischief, the damage will be considered an incident and will be reported by the employee to their immediate Sergeant / Supervisor..40 The employee will complete a general offense / incident report documenting the facts contributing to the damaged property or equipment and forward to their immediate Sergeant / Supervisor..41 The appropriate Sergeant / Supervisor will investigate the circumstances surrounding the incident and shall notify the Watch Commander or appropriate authority. The Shift Leader / Supervisor will determine whether the damage was preventable, non-preventable, due to carelessness, or negligence..42 If the loss was due to carelessness or negligence on the part of the employee, the affected employee’s chain of command will take the appropriate disciplinary action or notification findings to the affected Supervisor for disposition and / or discipline. VEHICLE INSURANCE COVERAGE.43 The agency shall carry at a minimum the following vehicle insurance coverage:  Liability – Bodily Injury - Property Damage Personal Injury Protection - Auto Medical  Uninsured Motorists – Bodily injury  Physical Damage Coverage - deductible for each auto ____________________ Robert A. Hardwick Sheriff Agency Vehicle Crashes 61.16 Page 7 of 7