RES NO 01-05-2021 CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. O/ - O5 -2021
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS,
A RESOLUTION TO BE ENTITLED:
A RESOLUTION ESTABLISHING A POLICY PROHIBITING THE USE OF
EXCESSIVE FORCE BY LAW ENFORCEMENT AGENCIES WITHIN THE
APPLICANT'S JURISDICTION AGAINST INDIVIDUALS ENGAGED IN NON-
VIOLENT CIVIL RIGHTS DEMONSTRATIONS.
WHEREAS, the City of Van Buren, Arkansas is applying for Arkansas Community and Economic
Development Program funding;and
WHEREAS, as required by the Housing and Community Development Act of 1974,as amended, it shall be
the policy of Van Buren to ensure that the following are true:
SECTION 1: The City has adopted and is enforcing this policy prohibiting the use of excessive force by
law enforcement agencies within its jurisdiction against any individuals engaged in non-
violent civil rights demonstrations.
SECTION 2: The City will ensure that all law enforcement agencies within its jurisdiction will enforce all
applicable State and local laws against physically barring entrance to or exit from a facility or
location, which is the subject of such non-violent civil rights demonstrations within its
jurisdiction.
SECTION 3: In response to non-violent civil rights demonstrations,the City will be mindful and protective of
the rights of all participants in such demonstrations,as well as any onlookers,bystanders,or any
other persons located in the vicinity or owning property in the vicinity in the vicinity.
SECTION 4: In connection with such demonstrations, the use of force shall be permitted only when
necessary to protect the rights of individuals or to uphold the law. In no event shall the use of
force in excess of that necessary to achieve the lawful goals of the City or City be permitted.
NOW, THEREFORE, BE IT RESOLVED THAT CONSISTENT WITH THE GOALS AND
OBJECTIVES OF ACTIVITIES ASSISTED UNDER THE ACT,AS AMENDED,VAN BUREN WILL
ADOPT AND ENFORCE THE POLICY CONTAINED HEREIN:
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,approve, and
adopt,by a vote of S for and 0 against the foregoing Resolution at its regular meeting held on the 25th day
of January,2021.
Jo u
Mayor
ATTESTED: APPROVED AS TO FORM:
42�
P is Thomas
City Clerk/Treasurer City Attorney
Van Buren Police Department
20.01 Use of Force Chapter 20 Use of Force
This policy is for internal use only and does not enlarge an employee's civil liability in any way. The
policy should not be construed as creating a higher duty of care, in an evidentiary sense, with respect
to third party civil claims against employees. A violation of this policy, if proven, can only form the
basis of a complaint by this department for non judicial administrative action in accordance with the
laws governing employee discipline.
Applicable Arkansas Statutes:
CALEA Standard:
ALEAP Standard: 3.02; 3.04; 6.01; 6.02; 6.03; 6.06; 6.07; 6.08; 6.09; 6.10
Date Implemented: February 1, 2017 Authority
Date Revised: August 4, 2020 Jamie Hammond, Chief of Police
Date Reviewed: August 4, 2020
Purpose and Scope
The policies of the Van Buren Police Department regarding the use of physical force, non-lethal
weapons, discharging firearms, and deadly force are set forth in this policy. This policy governs
all personnel who are acting or who may reasonably be expected to act in the capacity of a law
enforcement officer on or off duty. This policy should not be construed as to supersede an
employee's legal personal prerogatives when acting as a private citizen pursuant to A.C.A. § 5-
2-606 "Use of Physical Force in Defense of a Person," §5-2-607 "Use of Deadly Physical Force in
Defense of a Person," § 5-2-608 "Use of Physical Force in Defense of Premises" and/or§ 5-2-
609 "Use of Physical Force in Defense of Property." However, employees must recognize that
actions taken under statutory authority granted private citizens will be investigated and
evaluated as such.
II. Definitions
"Deadly Force" as used in this policy is defined as that force, which creates some specified
degree of risk that a reasonable and prudent person would consider likely to cause death or
serious physical injury.
"Serious Physical Injury"as used in this policy is defined as physical injury that creates a
substantial risk of death or that causes protracted disfigurement, protracted impairment of
health, or loss or protracted impairment of the function of any bodily member or organ. (A.C.A.
§ 5-1-102.(19))
"Physical Force" as used in this policy is defined as any bodily impact, restraint, or confinement,
or the threat thereof. (A.C.A. § 5-2-601.(3).
"Reasonably believe" or"reasonable belief" as used in this policy is defined as belief that an
ordinary, prudent person would form under the circumstances in question and one not
recklessly or negligently formed (A.C.A. § 5-1-102 (18).
"Immediate" is anything an officer is faced with an instantaneous, or presently occurring threat
of serious bodily harm or death
"Imminent" as used in this policy is broader than immediate or instantaneous,the concept of
imminent should be understood to be elastic, involving an ongoing period of time depending on
the circumstances rather than a moment in time under the definition of immediate.
"Chokehold" means applying any direct pressure to the throat, windpipe, or airway of another
with the intent to reduce or prevent the intake of air. "Chokehold" does not include any holding
involving contact with the neck that is not intended to reduce the intake of air.
"Neck Restraint" is a method of rendering a person unconscious by restricting the flow of
blood to the brain by compressing the sides of the neck where the carotid arteries are
located.
"Intervene" means come between, whether verbally or physically, so as to prevent or alter a
result or course of events.
"De-escalation": Force can often be avoided through the use of de-escalation techniques and
other non-dynamic law-enforcement tools such as police presence, containment, and
communication. When feasible, officers will use de-escalation and other techniques to reduce
the immediacy of threats to peoples' safety and stabilize incidents. Whenever possible, officers
will seek to slow things down. Not every situation or subject can be deescalated. Conversely,
officer behavior can escalate a situation. Officers should not intentionally escalate situations
unnecessarily.
"Duty of care": Officers have an affirmative duty to care for persons in their custody. Officers
and supervisors are responsible for providing or obtaining appropriate medical attention to any
person in their custody who is injured or complains of injury. This pertains whether injuries
preceded custody, occurred during apprehension, or were sustained during custody.
Additionally, officers have an affirmative duty to provide or obtain immediate medical attention
for members of the public who are injured as a result of police involved actions.
"Positional asphyxia" occurs when a person's body position prevents them from breathing
adequately.
II. Statement of Philosophy
The Van Buren Police Department, in establishing a philosophy for the use of deadly force,
places the ultimate value on human life while considering the legal, moral and ethical
implications of its application.
The citizens of Van Buren have vested their police officers with the responsibility to protect life
and property and apprehend criminal offenders.The apprehension of criminal offenders and
protection of property must at all times be secondary to the protection of life.Therefore, the
use of deadly force is not allowed to protect property interests.
Police officers are confronted daily with situations where control must be exercised to affect
arrests and to protect the public safety. Officers may achieve control of situations by the use of
verbal warnings or the use of reasonable physical force.The use of any reasonable physical
force must be based on reasonable alternatives that have been considered, attempted, or were
ineffective.The use of deadly force shall be the last alternative; however,the officer's
responsibility to protect human life must include his own.
Ill. Purpose
This document details the Van Buren Police Department's policy regarding a police officer's use
of deadly force; and, establishes policies under which the use of deadly force by police officers
is permissible.
A. Avoiding the Use of Deadly Force
Regardless of the nature of crime or the justification for directing deadly force at
a suspect, officers must remember that their basic responsibility is to protect
life. Officers shall not fire their weapons under conditions that would
unnecessarily subject bystanders or hostages to death or possible injury except
to preserve life or to prevent serious physical injury. Deadly force is an act of last
resort and will be used only when other reasonable alternatives are impractical
or have failed. Whenever possible, officers shall plan ahead and consider
alternatives, which will reduce the possibility of needing to use deadly force.
1.
B. The Authorization to Use Deadly Force
1. Officers may only use deadly force to protect themselves or others from
what they reasonably believe to be an immediate threat of death or
serious physical injury.
2. Discharging firearms at a moving or fleeing vehicle is prohibited unless it
is necessary to prevent imminent death or serious physical injury to the
officer or another person.
3. Officers will not voluntarily place themselves in a position near an
oncoming-accelerating vehicle where deadly force is the probable
outcome as a result of the officer's position. When confronted by an
oncoming vehicle, officers will move out of its path, if possible, rather
than fire at the vehicle.
4. Officers will not fire into a building or through doors unless the suspect
can be identified and is clearly visible at the time of the shots being fired.
5. Officers shall not fire warning shots.
6. Officers may draw or display firearms when there is a threat or
reasonable belief that there is a threat to life or when they have a
reasonable fear for their own safety and/or the safety of others.
7. Officers should warn the subject prior to using deadly force where
feasible
C. Use of Physical Force and Less-Lethal Weapons
This section establishes the type and degree of force, which may be used to
overcome a level of resistance, to control persons who are in custody and/or to
prevent escape. To accomplish lawful objectives, officers will only use the type
and degree of force, which is reasonable and necessary based on the
circumstances.
D. Chokeholds& Neck Restraints:An officer shall not use a chokehold or neck
restraint in the performance of his or her duties unless deadly force is justified.
1. Officers shall not intentionally use any technique that restricts blood flow
to the head, restricts respiration or which creates a reasonable likelihood
that blood flow to the head or respiration would be restricted unless
deadly force is justified.
2. Render Medical Aid: Officers restraining a subject should be cognizant of
and avoid positional asphyxia.This agency prohibits prolonged face-down
prone restraint.
3. As soon as the subject stops resisting and is handcuffed and/or under
control, monitor the person's vital signs closely.Take the following steps:
a. Roll the person onto his or her side, or into a sitting position
b. Monitor breathing
c. Check the pulse at the wrist
d. Check the person's facial skin color(a gray or blue tint is a sign of
severe medical distress)
e. Determine if the person is functionally conscious (e.g., the person
can exhibit voluntary movement, can converse, is aware of
place/date/time)
f. If the person has difficulty breathing, is not at a functional level of
consciousness, exhibits symptoms of medical distress, or if you
have any doubt regarding the person's medical condition, request
an emergency medic response and administer appropriate first
aid.
g. If the person is being lodged at a correctional facility or taken to a
medical facility, advise them if the person was rendered
unconscious or subjected to a chokehold or neck restraint during
restraint
IV. Levels of Resistance by the Subject
1. Psychological Intimidation: Non-verbal clues indicating subject's attitude,
appearance, and physical readiness.
2. Verbal Non-compliance:Verbal responses indicating subject's
unwillingness or subject's threats.
3. Passive Resistance: Physical actions of the subject that do not prevent the
officer's attempt of control.
4. Defensive Resistance: Physical actions, which attempt to prevent officer's
control, but never attempt to harm the officer.
5. Active Aggression: Physical actions of assault.
6. Aggravated Active Aggression: Physical assault and/or the use of deadly
force.
7. The type and degree of levels of control that may be used to overcome
resistance and control persons who are in custody and prevent escape
are:
a. Level 1- Officer Presence- Identification of authority
b. Level 2- Communication - Officer's commands of direction or
arrest
c. Level 3—Physical Control
Soft Empty Hand Control -Techniques that have minimal
chance of injury, (soft pressure points, grabbing and
wrestling).
ii. Hard Empty Hand Control -Techniques that have a
probability of injury, (hard striking, kicking or punching
techniques)
d. Level 4- Intermediate Weapons—This level of force uses hard
impact weapon strikes and has a high probability of injury
e. Level 5—Incapacitation Weapons-This level of force uses
electronic incapacitation device (TASER), OC chemical agents and
Specialty Impact Munitions.
f. Level 6- Deadly Force—Force that will likely result in death or
serious physical injury.
Officers should use defensive tactics in which departmental training has been given in order to
control or arrest uncooperative suspects. Officers shall escalate or de-escalate their use of force
in direct response to the other person's actions.
V. Authorized Less Lethal Weapons
1. Oleoresin Capsicum (O.C.) - O.C., a chemical deterrent, may be used in
defense against combative, resisting, and/or otherwise violent
individuals. O.C. is not necessarily a replacement or substitute for
otherwise less-lethal devices or tactics and therefore should only be used
when it is determined to be the best available enforcement tool or tactic
under the given circumstances. Similarly, O.C. is not intended to be an
alternative to the use of deadly force when such is clearly authorized and
is necessary as described in this Policy.
a. O.C. may be used where verbal direction is ineffective or
inappropriate, where passive restraint techniques have failed and
an officer must use physical force, or when an officer reasonably
believes he will become engaged in a fight with a suspect.
b. O.C. may also be used to affect the removal of a person from an
automobile or from an enclosed area when it becomes apparent
that physical force will be necessary to otherwise accomplish this.
c. O.C. will only be used as control and compliance measures against
violent and/or resisting individuals and shall never be used for F'
retaliation or for any illicit or unlawful purposes.
d. Officers will use only the amount of O.C. reasonably necessary to
achieve the desired enforcement results; officers will discontinue
the use of O.C. when it becomes apparent that a suspect may
otherwise be taken into custody or whenever the O.C. appears to
disable the suspect.
e. After control has been established and/or resistance has ceased,
officers will make reasonable efforts to allow the O.C.-affected
individual relief from the discomfort associated with the
application of water and sufficient ventilation will reduce the
effects of the O.C.
f. Officers will at all times conform to training provided by the
Department in the use of O.C. and will carry and use only the
authorized O.C. issued by the Department. Only departmentally
issued spray manufactured by Defense Technology and has a
stream dispersal method is authorized for issue.
g. The use of O.C. against any person will be considered a use of
physical force and each incident will be documented as detailed in
Section IV. of this Policy. Following the use of O.C. spray upon any
person a supplemental report will be filed in the officer's
offense/incident report.
h. O.C. spray canisters will not be defaced or altered in any way
other than by normal use. The Division Lieutenant will replace
expended canisters of O.C.; the expended canister must be turned
in prior to receiving a new canister.
2. TASER-The TASER may be used in defense against combative, resisting,
and/or otherwise violent individuals. Only officers trained and certified in
the use of the TASER may deploy the TASER.The TASER will be deployed
in accordance with Van Buren Police Department Rule and Regulation
20.03.
3. Police Batons-The baton permits an officer to defend himself or others
in situations where the use of firearms may not be necessary or justified.
It shall be left to the discretion of the officer as to whether or not to carry
a baton. However, should the officer choose to carry a baton, only
collapsible batons will be authorized.The maximum extendable length of
any authorized baton will not exceed thirty-one inches.
a. While enrolled at the training academy, all recruit officers shall
receive training in the use of batons.
b. When the use of the baton is warranted, officers will attempt to
strike the suspect's arms or legs. Officers should not attempt to
strike suspects on the head, neck, sternum, spine,groin or
kidneys.Jabs to the body with the baton should be used under
circumstances that inhibit the officer's ability to strike the suspect
in the arms or legs.
4. Flashlights- In the event it becomes necessary to use a flashlight as a
defensive weapon, officers will use it in the same manner as the baton.
a. Officers may purchase, at their own expense, and use any
rechargeable flashlight which is comparable to and no larger than
the issued flashlight.
b. Officers may carry the departmentally issued rechargeable
flashlight. Mini-Mag style flashlights are authorized under this
policy.
5. Specialty Impact Munitions (SIMs) - Often referred to generically as"bean
bags" and are designed to incapacitate a subject with minimal potential
for causing death or serious physical injury, when compared to
conventional projectiles, and when used in accordance with Van Buren
Police Department policy and training guidelines, Section 20.04.
I
6. Firearms-Striking a person with any firearm is prohibited unless the
firearm has already been drawn or displayed in accordance with
subsection II of this policy and the immediate use of physical force is
necessary for the defense of an officer or another person under
circumstances where the use of deadly force is not justified and the
opportunity to secure the firearm is not present.
Only employees demonstrating certified proficiency in the use of
department authorized weapons will be approved to carry or use such
weapons.
7. Police Vehicles- Officers will not attempt to deliberately collide with
other vehicles or to use police vehicles to force any vehicle off the
roadway.
VI. Duty to Intervene
In accordance with the Van Buren Police Department's Duty to Intervene Policy
20.05, officers of this agency have an affirmative duty to intervene if they
$
witness a use force that is clearly unreasonable. Any officer present and
observing another officer using force that is clearly beyond that which is
reasonable under the circumstances shall,when in a position to safely do so,
intervene to prevent the use of unreasonable force. An officer who observes
another employee use of force that exceeds the degree of force permitted by
law shall promptly report these observations to a supervisor.
VII. Training
A. Van Buren Police Officers will train annually on the use of deadly force.
This training must meet the standards set by the commission on Law
Enforcement Standards and Training. The training may be scenario
based, lecture, policy review or video-based training. All training will be
documented and kept on file.
B. Van Buren Police Officers who are authorized to use less lethal weapons
will be trained annually and demonstrate proficiency with the less lethal
weapon. The training will meet standards set by the Commission on Law
Enforcement Standards and Training and the instructor will have proper
certification to train on the weapons. All training on less lethal weapons
will be documented and kept on file.
VIII. Medical Treatment Required
1. When any force is used the officer shall attempt to determine if any
injuries have occurred as soon as practical. In these instances, officers will
provide medical treatment for the offender by:
a. Transporting the offender to the hospital, or;
b. Requesting an ambulance for transport to a hospital, if
appropriate.
2. If a suspect is obviously injured, alleges injury or requests medical
assistance when an officer has used lethal or less-lethal force, the officer
shall immediately notify an on-duty supervisor.
IX. Reports and Documentation
A. Officers employing any force to control, arrest or prevent the escape of
any person will, prior to the end of the officer's tour of duty, submit a
detailed report outlining the circumstances and exact type and amount of
force used in the following instances:
B. Whenever the use of force results in, may reasonably result in, or is
alleged to have resulted in a physical injury to the person. Such force
includes but is not limited to those instances when:
a. Physical force is employed to restrain or control an individual if
the restraining or controlling act results in the person falling or
being thrown to the ground.
b. An officer strikes, or attempts to strike, another person with his
hands,feet, baton, or other instrumentality, device, or method of
force whether or not injury results to the person
c. An officer points a firearm at a person with the intent to direct
compliance, order obedience to some command, or directs
physical movement by the person
d. An officer points a TASER at a person to direct compliance, order
t
obedience to some command or directs physical movement by
the person
I
I
I
r
r
e. An officer displays a less-lethal weapon to a person to direct
compliance, order obedience to some command or directs
physical movement by the person.
C. Whenever a person is charged with resisting arrest or battery on an
officer of this Department
D. Whenever a person complains of incurring a physical injury as the result
of physical force employed by an officer of this Department; and
E. Whenever an officer or supervisor believes documentation pertaining to
any force employed, or not employed, by an officer is necessary for the
protection of the officer, the Department, or the City.
F. Whenever an officer or supervisor believes documentation pertaining to
any force employed, or not employed by an officer is necessary for the
protection of the officer, the Department, or the City. Examples of when
this section might apply:
a. An officer draws their handgun or deploys a rifle or shotgun in a
crowded setting, causing noticeable alarm to the general public,
but did not point it at anyone or fire it.
b. A history with the person(s) or location(s) involved indicates that
a complaint would likely be lodged.
c. Actions by the officer did not rise to the level of requiring
documentation by the standards listed above, but person(s) on
scene comment negatively about the officer's actions, indicating a
complaint might be filed.
F. The following procedures will be followed for review and documentation
of an officer's use of force as outlined in subsection IV.A of this Order:
a. The involved officer will contact his supervisor, who will
immediately evaluate the circumstances, amount and necessity of
the force. An Offense Report will be completed,when
appropriate.
b. An Offense Report will be completed by the officer/s involved,
which details an account of the incident and the exact force used.
A Response to Resistance form will also be completed by the
officer.
I
c. The report and Response to Resistance form will be reviewed and
evaluated by any on-duty supervisor. If the supervisor agrees that
the amount of force used was justified, the supervisor shall simply
sign off on the report and forward it to the next level in the chain
of command. However, if the supervisor does not feel the level of
force used was appropriate,the supervisor will be required to
prepare a written memorandum detailing his or her concerns.
This memo shall be included with the Offense Report before it is
forwarded. Subsequent to the final supervisory review, all
Offense Reports involving use of force will be forwarded to the
Office of Chief of Police.
G. Each Division Commander will ensure that all provisions of this policy are
observed, reports are submitted on a timely basis, and each Offense
Report is properly completed and reviewed. The Division Commanders
shall also retain statistical data on Response to Resistance Forms
submitted by their officers.
H. Reports regarding the use of force, including resisting arrest and battery
on officers,will be prepared as follows:
a. All officers involved in the use of force incident shall prepare
required documentation. Any officer, who witnesses the use of
force, shall submit a detailed memorandum concerning the use of
force incident. A Response to Resistance form will also be
completed on each use of force incident.
b. Any photographs, audio and/or video recordings will be placed in
an envelope and attached to the Use of Force report(s).
c. The initial evaluating supervisor shall be responsible for ensuring
that required documentation is obtained and properly completed
before routing it through the chain of command.
I. The order of documentation, if relevant and available,to be submitted
with the Use of Force report shall be:
a. Offense Report(s);
b. Response to resistance form
c. Reviewed and approved by the troop supervisors
d. Copy of the Arrest Report (if any)
r
e. Medical treatment information (if any)
f. Computer printout of suspect's arrest record (if any); and
g. Copies of the Workers Compensation Forms if an injury has
occurred to an involved employee.
J. When an officer employs the use of O.C. spray,Taser or uses physical
force to restrain, move and/or place a suspect in a vehicle where no
blows are exchanged by either the officer(s) or the suspect,the following
procedures will be followed:
a. Contact his/he supervisor for evaluation of the incident
b. Specify the exact amount of force employed and list the
involvement of any other officer(s) in his Offense Report
concerning the incident.
The supervisor will:
a. Immediately review and evaluate the circumstances, amount, and
necessity of the force
b. Sign the original report as indication of his approval of the
officer's actions; and,
c. Forward the report through the chain of command,where it will
be signed at each level
d. If the supervisor does not approve of the officer's actions
following his evaluation, he shall indicate such in a supervisor's
memorandum report and forward the information to the
troop/unit commander for submission to the Chief of Police
through the chain of command.
X. Deadly Force Investigation and Review
is
A. On Scene Investigation and Responsibilities
a. The first supervisor on the scene of an officer involved shooting or
other incidents established above shall take charge and limit
unnecessary access to the scene.
)
)
(
(
b. The supervisor in charge at the scene will be responsible for the
integrity of the crime scene until it is released to the appropriate
investigations supervisor. The field supervisor shall also contact
the Chief of Police and brief him/her on the incident.
c. The ranking investigations supervisor will be in command of the
overall initial investigation and will notify the Crawford County
Prosecuting Attorney's Office.
d. Once the situation has been stabilized,the officer involved will
relate a brief account of the incident to the field supervisor, prior
to the arrival of investigative personnel, so the supervisor may
brief ranking officers requiring administrative information.
e. The troop or Division Commander may relate basic facts to the
news media or have the Public Affairs Officer make the initial
release.The Public Affairs Officer may be contacted by the on-
scene supervisor in all instances of deadly force being used by a
Van Buren Police Department officer.
f. If the officer(s) involved is not injured, he or she should retire
some distance from the scene. This should be done in the
company of some companion such as another supervisor or an
officer of equal rank who was not involved in the incident,
selected by the involved officer.The purpose of the companion is
to serve the involved officer in a supportive role.
g• p
The field supervisor at the scene shall have someone not involved
in the incident prepare the initial offense report and other
necessary reports.
h. The involved officer(s) shall be afforded an early opportunity to
communicate with family members.The person designated as
companion may assist in making this notification.
B. Investigations
1. Whenever a Van Buren Police Officer becomes involved in an incident in
which either the officer or another person is injured or killed as a result
of police action and/or the use of deadly force, or whenever an officer
intentionally employs deadly force but no injury or death results,two
separate investigations shall be initiated -a criminal investigation and an
administrative investigation.
(
I
2. The Arkansas State Police (ASP) will conduct the criminal investigation,
which will be submitted to the Prosecuting Attorney's Office. The
criminal investigation will be thoroughly completed to provide for the
review of the officer's action. This will be used to justify the use of force
or to file any charges, as appropriate.
3 The Chief of Police will assign a senior officer to conduct a separate
administrative investigation to ensure compliance with Van Buren Police
Department Rules and Regulations and Policies and Procedures.
C. Criminal Investigation
1. The supervisor in charge of the investigation shall ensure that statements
are taken from all witnesses involved in the incident.
2. It shall be the responsibility of the investigation supervisor to update the
officer, his/her supervisors, the Office of the Chief of Police, and the
Crawford County Prosecuting Attorney's Office as to the status of the
investigation.
3. The ranking officer at the scene will prepare a briefing sheet for troop
and unit commanders, who will brief their personnel as soon as practical.
This informative sheet shall be a brief summary of the incident for the
patrol division to apprise the beat officers of the incident.
4. Upon completion of the criminal investigation, a copy of the investigative
file will be forwarded to the Crawford County Prosecuting Attorney for
review.
D. Administrative Investigation
1. The administrative investigation will be conducted upon the completion
of the criminal investigation.
2. The administrative investigator shall advise the involved officer(s) of
his/her rights as to the administrative investigation process.Those rights
are:
a. The right of the Van Buren Police Department to conduct
an administrative investigation into the specific deadly
force incident
I
F
b. The right to know if he/she is suspected of misconduct
which, if sustained, could be grounds for administrative
disciplinary action up to and including dismissal
c. The right to refuse to answer any questions, but such
refusal shall be grounds for disciplinary action up to and ?tr,
including dismissal
d. That the results of the Administrative investigative
interview cannot be used against the officer(s) in any
subsequent criminal proceeding (Garrity v. New Jersey,' 385 U.S. 493 (1967).
3. The interviewed officer will be provided a copy of the statements he/she
made during the course of the administrative investigation upon his
request. In cases that deadly force was used,the administrative
investigator shall prepare a report on adherence to policy and submit the
administrative investigation file to the involved officers' chain of
command for review and recommendations to be forwarded to the Chief
of Police.
4. All investigations shall be completed within thirty(30) days from the date
of the incident unless evidentiary or investigative considerations warrant
delay and the Chief of Police approves.
E. Employee Counseling Assistance and Referral
1. Officers who have employed deadly force which has resulted in injury or
death to any person will be referred to a counselor approved by the City
of Van Buren as soon as practical after the incident.
2. All officers directly involved in the incident will attend the confidential
counseling session, which will be provided by the City of Van Buren.
3. The involved officer's Division Commander will be responsible for
ensuring that such counseling is scheduled and completed and that
appropriate supporting documentation is forwarded to Office of the Chief
of Police.
4. Officers who have employed deadly force which has resulted in injury or ,
death to any person will be placed on administrative leave (with pay)fora
minimum of 48 hours.
I
r§
5. Officers who have been placed on such leave will not engage in off duty
employment during this time, nor are they expected to perform police- 1'
related functions except under extreme circumstances. Officers on
administrative leave will be available at the direction of the Office of the
Chief of Police to assist in the investigation of the deadly force incident.
1
6. Officers who have been placed on such leave will not be returned to
normal duties until completion and release of the counseling provider. I
7. The involved officer's Division Commander will be responsible for
I
ensuring that the officer is placed on leave and that such action is
documented in the officer's file.
8. The Office of the Chief of Police will authorize the officer's return to
normal duties upon release from the counselor. I,
9. Pending administrative review,the Chief of Police may extend
i
administrative leave, as he deems necessary.
is
10. Following any traumatic/critical incidents, the involved dispatcher may be
removed from duty for a period of time to be determined by the on-duty
supervisor in consideration of the traumatic effect of the incident. If I
removed from duty,the dispatcher will be placed on administrative leave
(with pay)to provide sufficient time for scheduling of counseling
sessions, as needed, and to assist with any ongoing investigation as may
be required.
F. Deadly Force Review Board
1. A Deadly Force Review Board shall be convened to review and evaluate
incidents of firearms discharge, both intentional and accidental that
result in injury or death by members of the Van Buren Police Department
and any incident where an officer or another person is killed by any other
means except motor vehicle accidents.
2. It is not the purpose of the Board to gather evidence for criminal or
I
administrative prosecution, or to duplicate previous investigations or
reviews of the incident.
3. The duties of the Board will be to:
a. Thoroughly review the criminal investigation
b. Thoroughly review the administrative investigation
c. Hear direct testimony from officers and witnesses when
necessary.
4. The Deadly Force Review Board will review all incidents of deadly force
that are referred to the Board by the Chief of Police and must convene
within fifteen days after the criminal and internal investigations have
been closed.
5. The Board will develop findings and make recommendations to the Chief
of Police in the following areas:
a. Whether the use of deadly force complied with policy
b. Tactical considerations
c. Training considerations
d. Adequacy of supervision
e. Post-incident processes.
6. The Chief of Police will appoint the Board from the following ranks within
the Van Buren Police Department:
a. Administrative Captain,who will serve as the chairperson
b. The division commander of the involved officer(s)
c. A next line supervisor, not assigned as a supervisor to the
involved officer(s)
d. An officer of equal rank to the officer involved:
e. An officer chosen by the officer(s) being reviewed
f. The Chief of Police shall have the discretion to replace any
member of the board as manpower and supervisory
constraints dictate
g. In the event two or more officers are involved in the same
incident, only one board will be convened and the
following shall apply:
If the involved officers are of different ranks
and/or work in different divisions, only one
officer each from sections b, c, and d will be
represented.
ii. The involved officers shall each still be
afforded their own chosen representative in
section e.
h. City Attorney
Citizen of Van Buren appointed by the Chief of Police
j. Two members of the Citizens Advisory Board
7. The chair will submit a written report to the Chief of Police specifically
covering the issues identified in section F, 5, a-e, along with any other
recommendations not listed.
G. Accidental Discharge—No Injury
1. This procedure will be followed any time a member of the Department,
on duty or off duty, accidentally discharges a firearm and no injury or
death occurs.
2. Any officer who accidentally discharges a departmentally approved
firearm for other than training will contact an on-duty police supervisor
who will initiate an investigation.
a. The supervisor will ensure that the officer(s) involved
submit a detailed memorandum report on the incident.
b. The supervisor will evaluate the officer's performance and
submit his/her findings, in writing, to be reviewed at each
level in the chain of command.
c. The involved officer's Division Commander will review the
incident and submit a recommendation to the Chief of
Police. The files on all accidental weapons discharges will
be retained in the officer's file.
H. Accidental Discharge of Firearm -With Injury
This procedure will be followed any time a member of the Van Buren
Police Department, on duty or off duty, accidentally discharges a firearm
resulting in injury or death.
2. Investigation requirements:
a. Any accidental discharge of a firearm by an officer
resulting in death or serious physical injury will be fully
investigated pursuant to Section V of this policy. 1,
b. Any officer who accidentally discharges a firearm resulting
in injury where there is no threat of death or permanent
disability will immediately contact an on-duty police
supervisor who will respond to the scene and initiate an
investigation.
c. The supervisor will complete an offense report and ensure
that the involved officer(s) submit a detailed written
report as soon as practical after the incident.The
supervisor in charge shall also request assistance from the
Criminal Investigation.
d. A Crime Scene Technician will be summoned to the scene
and will photograph and process the scene as needed.
e. The Administrative investigator will be notified and briefed
as to the specific circumstances of the incident.
Discharge of Firearm upon Animals
1. This procedure will be followed any time a member of the
Department discharges a weapon upon an animal while on duty:
a. Any officer who discharges a firearm upon an animal will
contact an on-duty supervisor who will initiate an
investigation.
b. The officer involved shall contact Animal Control who will
remove the injured animal for treatment. If the animal is
dead, the Animal Control officer shall remove the animal
from the scene.
f
4
supervisor will ensure that the involved officer(s) �`
c. The �.
submit a detailed report of the incident.
d. The supervisor will evaluate the officer's performance and ;
submit his/her findings, in writing,to be reviewed at each
level in the chain of command. 1'
e. The involved officer's Division Commander will review and
submit his/her written finding to the Office of the Chief of
police on all weapons discharges upon animals.
1
i
XI. Non-Violent Civil Rights Demonstrations
i
1. In the event that a non-violent civil rights demonstration takes place inside the (
City of Van Buren, Officers will enforce all applicable state and local laws barring I
entrance to, or exit from a facility or location which is the subject of the non-
violent demonstration.
(
2. In response to non-violent civil rights demonstrations, officers will be mindful
and protective of the rights of all participants in such demonstrations, as well as
onlookers, bystanders, or any other person located in the vicinity or owning
property in the vicinity.
3. The use of force shall be permitted only when necessary to protect the rights of
individuals or to uphold the law. In no event, shall the use of force be in excess
of that necessary to achieve the lawful goals of the Van Buren Police
Department.
4. Any use of force incidents will be documented as outlined in Van Buren Police
Department policy.
XII. Annual Report t
An annual report will be prepared for the Chief of Police by the Patrol Lieutenant. This
report will include all use of force incidents. The report should identify any trends in the
use of force, training needs, equipment needs and policy revisions. f
i
t
t
is
(
l
g
1
Q
i
yt