Boca Raton Police Services Department Employee Involved Critical Incidents PDF

BOCA RATON POLICE SERVICES DEPARTMENT Standard Operating Procedure 01.01 EMPLOYEE INVOLVED CRITICAL INCIDENTS Revised: September 29, 2021 I. PURPOSE: The purpose of this standard operating procedure is to provide the employees with guidelines pertaining to incidents involving great bodily harm or...

BOCA RATON POLICE SERVICES DEPARTMENT Standard Operating Procedure 01.01 EMPLOYEE INVOLVED CRITICAL INCIDENTS Revised: September 29, 2021 I. PURPOSE: The purpose of this standard operating procedure is to provide the employees with guidelines pertaining to incidents involving great bodily harm or death. II. DEFINITIONS: Chain of Command: Formal lines of communication and authority within the organizational hierarchy through each successive level of command. Employee Involved Critical Incidents: For the purpose of this directive, employee involved critical incidents are defined as an activity performed by an employee that resulted in the death or great bodily injury to him/herself or another. Great Bodily Harm: Any bodily injury that involves a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any part or an organ of the body. In-Custody Death: A death that occurs in the process of arrest or while a suspect is otherwise in the custody of an employee of the Department that may or may not be caused by the employee’s action or inaction. Less-Than-Lethal Force: Any force intended to stun, temporarily incapacitate, or cause temporary discomfort to a person. Lethal Force: Any force that is likely to cause death or great bodily harm, including but not limited to discharging a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great bodily harm; and the discharge of a firearm at a vehicle. Lethal force does not include the discharge of a firearm that is loaded with less-than-lethal munitions by a law enforcement officer during and within the scope of his/her official duties. Probable Cause: Where the facts and circumstances within the law enforcement officers' knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable caution in the belief that an offense has been or is being committed. Effective: May 1, 1982 Revised: September 29, 2021 Employee Involved Critical Incidents SOP No. 01.01 Page 1 of 6 III. PROCEDURE: A. INVESTIGATIVE RESPONSIBILITY: 1. Employee involved critical incidents are jointly investigated by the Palm Beach County Office of the State Attorney, designated Department employees, and any external agencies as determined by the chief of police or his/her designee. In the event that there is a disagreement as to the course of the investigation among involved investigators, supervisors or command personnel, the chief of police or his/her designated investigative liaison shall be immediately notified. 15.15 2. In the event that the incident occurs outside the jurisdiction of the City of Boca Raton, the agency having jurisdiction shall conduct the investigation. The chief of police or his/her designee will assign employees to assist with and/or monitor the investigation consistent with existing mutual aid agreements or agreement between agency chief executives. 15.15 3. The following employees will respond to the scene of a law enforcement officer (LEO)-involved shooting, in-custody death, or incident involving death or great bodily harm as a result of an employee's use of force unless otherwise directed by the chief of police or his/her designee: 4. a. Assistant chief of police b. District commander c. Investigative Services Bureau (ISB) commander d. Professional Standards Bureau (PSB) commander The following external agencies shall be utilized to investigate critical incidents: a. The Office of the State Attorney as directed by the chief of police or his/her designee b. Any external agencies as directed by the chief of police or his/her designee c. Palm Beach County Medical Examiner’s Office, if applicable 5. The Office of the State Attorney, Medical Examiner's Office, and the investigating agency will determine if they are going to respond to the scene. B. EMPLOYEE AND SUPERVISORY CHECKLIST: 1. The first employees who arrive at the scene, where a citizen or employee has sustained great bodily harm, will take all reasonable steps to request medical assistance Effective: May 1, 1982 Revised: September 29, 2021 Employee Involved Critical Incidents SOP No. 01.01 Page 2 of 6 via Communications and to administer medical treatment to injured persons consistent with his/her training and level of competence. 2. Once the appropriate level of aid has been provided, the supervisor(s) and employees arriving at the scene will determine if there are wanted persons (suspects and witnesses) who are no longer present and broadcast whatever information is available that would assist in locating and apprehending them. 3. The ranking supervisor or command officer will assume the responsibility of Incident Commander (IC), establish a command post, and request a sufficient number of LEOs to secure the scene, all evidence and material witnesses, if known. 4. All identified involved persons will be separated to the extent possible to prevent contamination of testimony through witness interaction. 5. The chief of police will be notified through the chain of command IMMEDIATELY. 6. The employee(s) involved in the incident shall remain separated and at the scene until the arrival of investigators. However, if circumstances are such that the continued presence of the involved employee(s) at the scene creates a hazardous situation, such as a violent crowd, the IC may have the employee(s) transported to another location. 7. The IC will provide Communications employees with a brief overview of the incident and request that notifications consistent with this directive be initiated. 8. As investigative employees arrive, the IC will provide a briefing to include the scope and boundary of the scene, employees/witnesses involved (including their current location) and whether additional resources will be needed. 9. The IC will maintain command until relieved by higher Department authority. 10. If an employee(s) is injured, the chief of police or his/her designee will personally brief the injured employee’s family as soon as practical and provide transportation for them to the treatment facility. C. COMMUNICATIONS SECTION RESPONSIBILITIES: 1. The public safety dispatcher (PSD) will dispatch medical aid, if necessary. 2. The PSD supervisor in coordination with the IC will ensure that the following employees are notified of the situation along with any additional employees as directed: a. Investigative Services Bureau (ISB) commander b. District/Bureau commander c. Designated contact at the Office of the State Attorney as directed by the chief of police or his/her designee Effective: May 1, 1982 Revised: September 29, 2021 Employee Involved Critical Incidents SOP No. 01.01 Page 3 of 6 d. Any external agencies as directed by the chief of police or his/her designee D. e. Professional Standards Bureau commander f. Palm Beach County Medical Examiner’s Office, if applicable g. On-call chaplain h. Public Information Officer i. Critical Incident Stress Management Team j. Any additional employees as directed by the chief of police ISB COMMANDER RESPONSIBILITIES: 1. The Investigative Services Bureau commander or his/her designee will be responsible for the following: a. Proceeding immediately to the scene and maintaining liaison with the investigating agency and SAO investigators, providing whatever assistance is required. b. Ensuring that the crime scene is secured in the event that outside agency personnel have not responded. c. Securing the original recording of radio transmissions and any other recordings such as body worn, in-car and stationary camera video. E. INVOLVED EMPLOYEES: 1. Once the involved employee(s) have been removed to a comfortable location (onscene or off-scene) employee(s) should not discuss the incident, except with authorized employees or his/her legal representatives. 2. On-duty employees, supervisors or command staff shall not be permitted to act as a legal or labor organization representative; however, an on-duty employee not directly involved in the incident will be assigned to remain with an involved employee and provide support as needed. 3. Care shall be taken to preserve the integrity of any physical evidence present on the employee's equipment or clothing such as blood or fingerprints and the employee's vehicle until crime scene technicians or investigators can properly retrieve it. 4. Employees shall cooperate with investigators to the extent it does not infringe upon any rights guaranteed by the Florida Law Enforcement Officer’s Bill of Rights (FSS 112.532) or the Florida or United States Constitution. Effective: May 1, 1982 Revised: September 29, 2021 Employee Involved Critical Incidents SOP No. 01.01 Page 4 of 6 5. Employees will not speak with representatives of the media. Any attempt by the media to contact an employee will be immediately reported to the employee’s supervisor. F. ATTORNEYS & PSYCHOTHERAPISTS: 1. Discussions with licensed attorneys or a department chaplain will be considered privileged as attorney-client/counselor-client communications. 2. A psychotherapist shall be provided by the Department to each involved employee, or any other employee, upon request. 3. Interviews with a licensed psychotherapist will be considered privileged and will not be disclosed except to the extent that the employee is or is not fit for return to duty. 4. An interview or session with a licensed psychotherapist may take place prior to the involved employee providing a formal interview or report, but the involved employees shall not be permitted to consult or meet collectively or in a group with a licensed psychotherapist and other employees on his/her own prior to providing a formal interview or report. G. PSB COMMANDER RESPONSIBILITIES: 15.15 1. The Professional Standards Bureau commander or his/her designee will be responsible for the following: a. Investigating all incidents resulting in death or great bodily harm in order to determine if any policy or procedure has been violated and to identify areas for improvement related to training, police tactics, policy and equipment. b. Conducting an investigation, secondary and parallel to any criminal investigation, to determine whether or not the employee’s actions resulting in great bodily harm or death were within policy. All protections afforded by the Law Enforcement Officers' Bill of Rights/Florida State Statutes shall apply. c. Preparing a detailed report of his/her findings and forwarding it to the chief of police in accordance with existing Department procedures. d. Preparing and completing the qualifying use of force report to FDLE. e. Preparing and completing the quarterly Death in Custody questionnaire for FDLE if applicable. H. FIELD AND ADMINISTRATIVE REPORTS: 15.15 1. All initial and supplementary reports of those individuals who responded to the incident and participated in the investigation or security of the crime scene, but were not involved directly in the incident, shall be completed and approved before the end of the tour of duty. Effective: May 1, 1982 Revised: September 29, 2021 Employee Involved Critical Incidents SOP No. 01.01 Page 5 of 6 I. ADMINISTRATIVE LEAVE: 1. See Departmental Standards Directive 22.100 Compensation, Benefits, and Conditions of Work for information on administrative leave, critical incident leave, and support services for employees involved in a critical or traumatic incident. Approved: Michele Miuccio Chief of Police Effective: May 1, 1982 Revised: September 29, 2021 Date: Employee Involved Critical Incidents SOP No. 01.01 Page 6 of 6