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<br /> <br />ECC <br />UGENE ITY OUNCIL <br />AIS <br />GENDA TEM UMMARY <br /> <br /> <br /> <br /> <br />Action: SB111 Use of Deadly Physical Force Plan <br /> <br /> <br />Meeting Date: March 10, 2008 Agenda Item Number: 5 <br />Department: Eugene Police Staff Contact: Chief Robert Lehner <br />www.eugene-or.gov Contact Telephone Number: 541-682-5102 <br /> <br /> <br /> <br /> <br />ISSUE STATEMENT <br /> <br />This is a request for council approval of SB111 Use of Deadly Physical Force Plan. SB111 requires <br />counties to create a plan to be adopted by two-thirds of the governing bodies employing law <br />enforcement agencies in that county. This plan provides step-by-step procedures for the planning <br />authority, law enforcement agencies, the District Attorney, and the involved officer in the event of the <br />use of deadly physical force by an officer. <br /> <br /> <br />BACKGROUND <br /> <br />SB111 was adopted by the 2007 Oregon Legislature and requires each county to create a Deadly <br />Physical Force Planning Authority that is responsible for development of a plan that meets the <br />requirements set forth in SB111. The District Attorney and Sheriff are co-chairpersons of each county’s <br />planning authority. Every county’s plan must be adopted by two-thirds of the governing bodies <br />employing law enforcement agencies in that county and must be approved by the Attorney General. <br />Attachment A includes a letter from the Lane County Deadly Force Planning Authority requesting the <br />City of Eugene’s approval of the Lane County plan. Attachment B provides a copy of the Interagency <br />Deadly Force Investigations Team Memorandum of Understanding, detailing how investigations will <br />occur once the Lane County plan is in effect. <br /> <br />The use of deadly physical force by law enforcement personnel is a matter of critical concern both to the <br />public and to the law enforcement community. The purpose of the Lane County Use of Deadly Physical <br />Force Plan (attachment C) is to provide a framework for a consistent response to an officer’s use of <br />deadly physical force that treats the law enforcement officer fairly, and promotes public confidence in <br />the criminal justice system. Deadly physical force means physical force that under the circumstances in <br />which it is used is readily capable of causing death or serious physical injury. <br /> <br />The Eugene Police Department (EPD) participated in the development of the Lane County plan and with <br />minor exception, finds the provisions of the plan to be in accord with existing EPD policy and <br />procedures. In addition, the Lane County plan has been provided to other counties by the Oregon <br />Attorney General’s Office to use as a model policy. In the past, EPD has conducted its own criminal <br />investigation in advance of the administrative investigation associated with these events. The new plan <br />provides for a standing multi-agency investigations team under the supervision of an Oregon State <br />Police (OSP) supervisor. EPD is in agreement with this change. The plan has been evaluated by both <br />F:\CMO\2008 Council Agendas\M080310\S0803105.doc <br /> <br />