Section 21 Firearms; Use of Force; Use of Deadly Force I.

Introduction A) It is the purpose of this policy to provide departmental guidelines for the use of force, deadly force, and firearms by members of the Fremont Police Department. B) Some degree of force is always used in making an arrest. Unless such force is privileged and legal under the laws governing arrest, the officer is liable for civil prosecution and may be subject to criminal charges. In addition, the force used must not be too severe, but must be in balance with the resistance offered by the violator. The Ohio and United States Constitutions, the laws of arrest, and court decisions dealing with arrest strictly prohibit use of excessive or unreasonable force by the officers of the law. The use of force will be guided by the standard of "objectionable reasonableness", i.e. from the perspective of what a reasonable officer would do in such a tense, rapidly evolving situation, considering the totality of the circumstances. Definitions used in this policy are taken from the Ohio Revised Code, Section 2901.01 as follows: A) “Force” means any violence, compulsion, or constraint physically exerted by any means upon or against a person or thing. B) “Deadly force” means any force that carries a substantial risk that it will proximately result in the death of any person. C) “Physical harm to persons” means any injury, illness, or other physiological impairment, regardless of its gravity or duration. D) “Serious physical harm to persons” means any of the following: 1) Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment. 2) Any physical harm that carries a substantial risk of death. 3) Any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary, substantial incapacity. 4) Any physical harm that involves some permanent disfigurement, or that involves some temporary, serious disfigurement. 5) Any physical harm that involves acute pain of such duration as to result in substantial suffering, or that involves any degree of prolonged or intractable pain. E) “Physical harm to property” means any tangible or intangible damage to property that, in any degree, results in loss to its value or interferes with its use or enjoyment. “Physical harm to property” does not include wear and tear occasioned by normal use. F) “Risk” means a significant possibility, as contrasted with a remote possibility, that a certain result may occur or that certain circumstances may exist. “Substantial risk” means a strong possibility, as contrasted with a remote or significant possibility, that a certain result may occur or that certain circumstances may exist. Disclaimer A) This policy is only for departmental use and is not applicable in a civil or criminal proceeding.

II.

III.

Section 21.1

Section 21 Firearms; Use of Force; Use of Deadly Force B) The standard of care and safety required of department personnel and promulgated in this directive is not to replace the legal standard application to civil and criminal proceeding. C) Violations of this policy will only form the basis for departmental sanctions. IV. General Use of Force Policy A) Police Officers of the City of Fremont will use physical force only when the exercise of persuasion, advice, and warning is found to be insufficient to obtain public cooperation to an extent necessary to secure observance of the law or to restore order; and to use only the degree of physical force which is necessary on any particular occasion for achieving the police objective. 1) The use of force is to be restricted to self-defense, defense of another, to affect an arrest, or to prevent the escape of a prisoner. Whenever possible, officers will begin on a verbal level and progress up as warranted until compliance is obtained. The force used must be in balance with the resistance offered by the violator. The amount of force will not exceed that which a reasonable officer would use in similar circumstances. Excessive and unwarranted use of force will not be condoned or allowed. Officers shall document each instance of their use of force through the proper procedures, reports, and channels. Any subject injured through the use of force by police will receive any necessary medical attention as soon as possible and this will also be documented as above. 2) Officers will utilize the “Use of Force Continuum” as taught in the ASP training program as a guideline for the use of force. B) Officers are authorized to carry and use less-than-lethal pieces of equipment to include (but not restricted to) standard metal handcuffs and leg shackles, and nylon type restraining devices. 1) Such items as chemical agents, aerosol chemical restraints, Taser electrical restraints, “less lethal” impact munitions, and distraction devices are authorized for those officers trained and certified in their use, following departmental guidelines. Use of trained police canines is considered a use of force and will be guided by the department’s canine policy. 2) All uniformed officers and non-uniformed officers who may be assigned to work a uniformed detail will carry department issued O.C. spray and an A.S.P. tactical baton while in uniform and maintain certifications for these. 3) Officers must receive training in the usage of batons, distraction devices and aerosol chemical restraint devices prior to their usage and must maintain required certifications and retraining in their usage. C) Aerosol Chemical Restraints and Chemical Agents 1) All Officers shall be properly trained and maintain certification in the use of Aerosol Chemical Restraints (ACR's), primarily Oleoresin Capsicum (O.C.), and will carry and use them when necessary and appropriate to establish and maintain control of resistive or combative subjects. Individual brands of Aerosol Chemical Restraints will be approved by the department chemical agent instructor or the Chief of Police or his designee.

Section 21.2

Section 21 Firearms; Use of Force; Use of Deadly Force 2) ACR's are used to establish and maintain control and never to punish. The goal is to gain control without injuring a combative or resistive subject or having officers or other parties injured. 3) The use of an ACR is to be considered a higher level of force than verbal direction but less than empty-handed restraint or striking techniques or impact weapons. ACR's are authorized if the suspect uses verbal resistance or more and does not comply with officer’s verbal directions. 4) Whenever practical, officers about to spray an ACR should yell "mace" or a similar phrase to warn other officers at the scene of the imminent spraying of the chemical agent so that they might protect themselves. 5) If a subject is sprayed with an Aerosol Chemical Restraint, first aid should be administered as soon as practical after the situation and the suspect is under control. Flushing with water or a neutralizing spray should be used until further first aid can be obtained. At a minimum, EMS should check any suspect who has been incapacitated by an ACR. If deemed necessary by EMS or if requested by the suspect, further medical treatment will be sought at the hospital emergency room. 6) Other chemical agents will be used to establish and maintain control of resistive or noncompliant offenders when authorized by the Chief of Police or his designee. 7) Training will cover the effects of the chemical agents, the actual implementation techniques, and at least a mild exposure to the agent used, as well as first aid techniques. A refresher class will be attended annually. D) All use of Aerosol Chemical Restraints or any other chemical agents will be documented in the arrest report and in a report to the Chief. Documentation will include circumstances which necessitated the use of the chemical agent, effects of the agent on the offender, and the first aid or medical attention given to the offender. V. Conducted Energy Weapon (CEW) Electrical Restraining Devices (Neuromuscular Incapacitation device, NMI) rev. 11-18-2010 A) Officers who have received training and annual certification in the use of the Taser “less lethal” NMI electrical devices will be authorized to carry and use the devices as a restraining device at the same level on the use of force continuum as aerosol chemical restraints (ACR). The CEW is to be considered an optional “less lethal” piece of duty equipment. The advanced Taser is issued as an additional police tool and is not intended to replace firearms or other self-defense techniques. B) Department usage reporting will be the same as ACR’s as listed in the previous section, with the addition of the CEW Use Report (CUR). 1) CEW units will only be used with the intent to gain control of a violent, resistive, or combative individual and never punitively or for the purposes of coercion. The CEW may be used when it reasonably appears that it will be the most effective less-lethal response to the resistance presented by the offender, balancing the need to arrest or subdue the person with the likelihood of injury to the person, to innocent persons, to law enforcement officers and

Section 21.3

Section 21 Firearms; Use of Force; Use of Deadly Force officer safety concerns. The decision to use the unit will be based on the totality of the situation as perceived by the officer at the time of the incident. 2) The use of the CEW is considered to be a higher-level use of force than verbal direction but less than striking techniques or impact weapons. CEWs are authorized if the suspect uses verbal resistance or more and does not comply with verbal directions of the officer. 3) Any person subjected to neuro-muscular incapacitation from a Taser, other than for training, should be checked by paramedics for possible medical complications. In normal circumstances, when the Taser is used and the probes have penetrated the skin, or are suspected of having penetrated the skin of an individual, officers properly trained in “Taser Probe Removal” can remove the probes following procedure as trained. Taser probes which penetrate sensitive areas, (i.e., head, neck, face, throat, breast or genitalia) will be removed by medical personnel and their impact areas should be photographed. 4) Probes, which have penetrated the skin, are considered biohazards. Officers should use protective gloves when handling them. Probes that have been discharged at a person should be placed back into the cartridge along with several of the AFID data tags expended by the unit and kept as evidence as per training. 5) Use of an NMI on pregnant females, juveniles under 14, people over 65 and individuals of extremely small stature is not forbidden, but officers should exercise extra consideration of the circumstances when such persons are involved. Handcuffed prisoners should not be exposed to NMI darts unless they are attempting to and have the ability to cause physical harm to themselves or another. 6) Application of the CEW is a physically stressful event. Officers should use the fewest number of applications as possible. In dealing with a person in a health crisis, such as excited delirium, it is advisable to minimize the physical and psychological stress on the subject as much as possible. If the CEW is not bringing about compliance or incapacitation, other resources or actions should be taken. The recommended point of aim is lower center mass for front shots. Officers will avoid chest shots when possible. Back shots are the preferred area when practical. Caution should be taken if the subject is struck in the chest area. Repeated applications may impair normal breathing patterns and may create an adverse cardiac event related to a Taser ECD discharge. The risk is deemed extremely low. However, it is not possible to neither predict nor test the entire spectrum of potential human physiologies or conditions such as unpredictable combinations of drugs of unknown concentration or origin in the presence of underlying cardiac or other disease. Furthermore, a law enforcement officer will have no means to diagnose these factors in any event. C) Operational Guidelines 1) Authorized Advanced Tasers shall be issued to and used only by officers who have completed the department’s CEW training program.

Section 21.4

Section 21 Firearms; Use of Force; Use of Deadly Force 2) Officers shall follow all rules and guidelines established in the CEW training program adopted by the department. 3) The CEW unit should not be used when it is reasonable to believe that incapacitation of the person may result in serious injury or death and in situations where the person’s fall may result in serious injury or death. 4) The department will replace expired and expended air cartridges. 5) Officers will follow the guidelines presented in this manual and training presented by the police department CEW instructors. 6) Officers will carry the Taser X26 on their support side (opposite handgun side) rather than their dominate side (handgun side), in an approved holster, to prevent confusing the X26 for their duty handgun.

VI. A)

B)

C)

D)

E)

Handcuffing and restraining of prisoners As a general rule, prisoners being transported in a police vehicle should be handcuffed with their hands behind their backs for officer safety and to prevent the opportunity for prisoner escape. When available, "belly band" handcuff restraints or ankle cuffs and chains may be appropriate. Discretion may be used due to physical or other conditions to not handcuff suspects or handcuff in the front. Responsibility for problems caused to not handcuffing or handcuffing in the front will fall on the transporting officer. As a general rule, handcuffs should be double locked to prevent injury to a suspect through the inadvertent or intentional tightening of the handcuff onto the wrists. Violent offenders, those resisting arrest violently, felony violators, or flight risks may be restrained with "belly chains," ankle cuffs, or nylon leg restraints. When a violator is kicking while in the back of a police car, some type of foot or leg restraint may be used or an officer may be placed in the back seat with the prisoner to prevent the prisoner from injuring himself or another, or to keep him from damaging the police vehicle. A suspect should not be left handcuffed and lying on his stomach or back (the technique known as “hog-tying”) due to the danger of positional asphyxiation inherent with this position and restraint, nor should a suspect be left unattended for any length of time while restrained with handcuffs or other restraining devices. “Hog-tying,” as above, should be avoided except in extreme cases and continuous monitoring of the suspect must occur. If a prisoner damages a police vehicle, an officer's uniform or equipment, or other police property due to violent actions, kicking, etc. this should be documented with an offense report, and a report to the Chief of Police. Charges should be filed against the suspect by the officer if appropriate. Notice should be made to the court with the arrest reports requesting restitution be made for such damage.

VII. Impact Weapons A) All officers will be trained and certified in the use of approved impact weapons and maintain certification in their use. All street officers will be equipped with an

Section 21.5

Section 21 Firearms; Use of Force; Use of Deadly Force authorized impact weapon as part of their uniform equipment to provide an intermediate level use of force option. 1) The department approved impact weapon will be the Armament Systems Products (A.S.P.) expandable baton. 2) The department will provide annual training and certifications in the A.S.P. batons using certified instructors and courses. 3) It will be the responsibility of the officer to attend one of the department’s offered baton training sessions or attend authorized training through another agency. Certification must be maintained. B) Impact weapons will be used to restrain or to gain control of a combative or resistive subject as an intermediate use of force option above the level of chemical agents and empty hand striking techniques but below the level of deadly force, i.e. firearms. The impact weapon will be used to establish and maintain control, not to punish or intentionally inflict injury. C) If injury occurs due to the use of an impact weapon against a resistive or combative individual, or if the suspect requests medical attention, then medical attention will be sought immediately after the situation and the subject are under control. The officer's supervisor should be immediately notified after such injury and the injury documented. D) The use of impact weapons will be documented in the arrest report and in a report to the Chief, and administrative captain. Documentation will include the circumstances which necessitated the use of the impact weapon, the effects on the subject, any injuries resulting, and medical treatment supplied or offered. VIII. Knives A) Folding blade knives may be used as tools by all officers. B) While not intended to be used as weapons, folding blade knives could conceivably be used in self-defense against a suspect employing deadly force against an officer. C) As such, all rules, regulations, and restrictions involving the use of deadly force shall also be applicable to any tools used as defensive weapons.

IX.

Department Firearms and Use of Deadly Force Policy A) The police have been delegated 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 subservient to the protection of life. The officer's responsibility for protecting life must include his/her own. B) Specific Authorization for Use of a Firearm or Deadly Force 1) Members of the Fremont police department shall only fire their weapons to stop and neutralize an assailant to prevent him/her from completing a potentially deadly aggressive act or in the instances described in the following sections of this policy. For maximum effectiveness and minimal danger to innocent bystanders, the officer should try to shoot at available “center mass” of the target. Even though the probable result may be death of the offender,

Section 21.6

Section 21 Firearms; Use of Force; Use of Deadly Force the officer's intent and purpose is only to stop the deadly aggression or prevent the escape of the subject. An officer may use deadly force to protect themselves or others from what he or she reasonably believes to be an immediate threat of serious physical harm (any physical harm which causes substantial risk of death) or death. (a) The officer must be able to justify self defense by showing that the assailant had: (i) The apparent ABILITY to cause serious physical harm or death to the officer or others (some type of weapon or means to cause serious physical harm or death), (ii) A reasonable OPPORTUNITY to effect such serious physical harm or death ( a feasible delivery system, or in close enough proximity to cause serious physical harm or death with the weapons or means listed above), (iii) And have placed the officer or others in actual physical imminent JEOPARDY (offender must have shown intent to cause serious physical harm or death. The officer must be in fear of his or her life or that of another person). (b) As in all use of force instances the officer must be able to demonstrate that the use of force was: (i) The LOGICAL type of force used under these circumstances, (ii) The REASONABLE amount of force used under these circumstances, (iii) And the force was a NECESSARY response to eliminate the threat or prevent the injury threatened (all other options were ineffective or not appropriate). An officer may use deadly force to effect the capture or prevent the escape of a suspected felon only when the officer has probable cause to believe that the suspect has committed a serious violent crime involving the use or threatened use of deadly force or serious physical harm and poses a significant, continuing threat of death or serious physical harm to the officer or others if not apprehended and the use of deadly force is necessary to effect the arrest. If feasible under the circumstances, the officer will give the suspected felon some warning of the imminent use of deadly force. The U.S. Supreme Court has ruled that it is not reasonable for an officer to use deadly force to prevent the escape of an unarmed fleeing felon who poses no danger to others. The age or gender of the suspect will not be considered a factor in determining whether or not deadly force is warranted. The guidelines listed above shall be the policy guideline for employing deadly force. The shooting of an animal is justified: (a) For self defense (b) To prevent substantial harm to the officer or another, or (c) When the animal is so badly injured that humanity requires its relief from further suffering

2)

3)

4)

5)

Section 21.7

Section 21 Firearms; Use of Force; Use of Deadly Force 6) Time permitting, officers should contact the animal’s owner or request assistance from an agency responsible for the disposal of domestic animals before destroying seriously wounded or injured animals. 7) The killing of vicious animals should be guided by the same rules set forth for self defense and the defense and safety of others. C) Restrictions on the Use of Deadly Force and Firearms 1) Officers should refrain from discharging firearms when it appears likely that or when a reasonably prudent person would believe that an innocent person will be injured by the officer‘s action. 2) A firearm shall not be discharged to affect a misdemeanor arrest or solely to protect or preserve personal property. 3) Officers should not discharge a firearm at or from a moving vehicle except as the ultimate measure of self defense or defense of another when the suspect is using deadly force. 4) Due to the inherent danger to innocent people, a police officer is not justified in using his firearm to fire a warning shot. 5) Officers will not shoot firearms into buildings or through doorways unless at an identifiable threat. 6) Except for general maintenance, storage, or authorized training, officers shall not draw or exhibit their firearm unless circumstances create strong reasonable cause to believe that it may be necessary to lawfully use the weapon in conformance with other sections of this policy. D) Regulations For Carrying Firearms 1) All officers authorized to carry a firearm shall be armed with a department approved firearm (handgun and/or long gun) when on duty unless specifically exempted (example: D.A.R.E. duty). 2) The standard issued handgun for police personnel is the Glock model 22, caliber .40 S&W semi-automatic pistol. These handguns will undergo annual armorer’s checks by a currently certified Glock armorer. 3) The standard issued shotgun for the department is the Remington 870 pump action 12-gauge shotgun. These shotguns will undergo annual armorer’s checks by a currently certified Remington armorer. Shotguns issued to officers will be carried in the cruiser, in an appropriate locking mechanism, each duty day. 4) Personally owned firearms may be used by officers as duty weapons or as offduty or secondary weapons if approved by the head of the firearms staff under the following guidelines and restrictions: (a) Officers wishing to carry a personally owned firearm or weapon other than the issued weapon must apply in writing to the head of the firearms training staff. (b) The head of the firearms training staff must approve of the quality, safety, and good working order of the firearm. (c) The officer must successfully qualify with the weapon with the department firearms staff. (d) If the requested weapon meets departmental standards and the officer displays the required proficiency with it, the head of the firearms staff will

Section 21.8

Section 21 Firearms; Use of Force; Use of Deadly Force forward a letter of approval along with a copy of the officer's request to the Chief of Police for final approval or disapproval. (e) If the officer does not meet proficiency standards or the weapon is not approved, a letter of explanation will be returned to the requesting officer within 5 working days of the written request. (f) Upon approval for an officer to carry a personally owned firearm he/she will surrender his/her issued firearm to the firearms staff, unless specific permission is granted to retain it. (g) For each personally owned firearm used in the performance of the officer’s duties (on-duty or off-duty,) the officer must submit an annual armorer’s certification letter. This report from a currently certified armorer will attest to the proper working condition of the personally owned firearm. This armorer’s check will be done at the officer’s expense and the certification letter must be filed with the Chief of Police and the head of the firearms program no later than May 1 of each calendar year. If a current letter is not filed each year, the officer will no longer have department authorization to use that weapon in the performance of his or her duties. 5) Officers keeping department owned and issued firearms at their residences will store them unloaded and either with a department supplied trigger lock with the ammunition stored in a separate location or unloaded in a locked container with the ammunition stored in a separate location. 6) Officers loading and unloading firearms at their residence or at any other location will use safe and approved "administrative loading and unloading techniques" as taught by the OPOTC and departmental training. 7) Each officer must meet certification and training requirements with all approved duty weapons (including handguns, long guns, and tactical weapons, chemical weapons and distraction devices), secondary (back-up) weapons, and off-duty weapons as set forth by the department firearms staff and the State of Ohio. Qualifications will be done wearing the uniform of the day, to include body armor, radios, batons, and any other equipment normally worn on duty. Officers wearing soft clothes (non uniform) will carry the handgun for qualifications in the same manner as they carry it on duty. Officers carrying concealed off duty or back-up weapons will qualify with the same style holsters and manner of dress in which they carry the gun. 8) Approved handguns must be double action revolvers or semiautomatic handguns of .40 S&W caliber, 9mm, .45 ACP, or .38 Special caliber unless special permission is given for other calibers by the firearms staff in concurrence with the Chief of Police. 9) All officers shall be armed with an approved weapon when operating a department vehicle (on or off duty) unless specifically exempted (example: D.A.R.E. duty). 10) Only factory-loaded ammunition authorized by the firearms training officer and issued by the department may be used for on-duty and off-duty purposes in these authorized weapons. This does not apply to training and/or practice the officer may do.

Section 21.9

Section 21 Firearms; Use of Force; Use of Deadly Force 11) Officers shall not surrender their firearms to an assailant unless as a last resort, and only after using every tactical tool at their disposal. 12) If required by a correctional or medical facility, which has proper gun lockers for securing them, officers will allow their sidearm to be locked up while in that facility. If no lockers are available, then the weapons may be unloaded and locked in the trunk of the vehicle. In medical facilities that do not have gun lockers, officers will not surrender their firearms during their business there. 13) As mandated by the Ohio Revised Code, officers will not handle firearms while under the influence of alcohol or drugs of abuse nor will they carry firearms into a business establishment where they will be consuming alcoholic beverages. 14) At any time while carrying a firearm as authorized by this policy, the officer must maintain safe control over this firearm. If at any time the officer should remove the firearm from his or her person, such as using restroom facilities, he or she will insure that the weapon is safely secured so as to prevent an unintentional discharge of the firearm. Gun belts will not be left unattended or hanging on hooks in the restroom. 15) Tactical weapons (a) Automatic weapons issued to officers will be carried in the cruiser, in an appropriate locking mechanism, each duty day. (b) The use of automatic weapons, rifles, chemical weapons and launchers (other than aerosol chemical restraints), and specialty munitions (i.e. “less than lethal” rounds) will be authorized by the Chief of Police or his appointed designee prior to their use. (c) Specialty munitions (i.e. those classified as “less lethal” or “sims” will be issued as needed to officers who have been trained in their proper use. Their role in the use of force continuum will be on the level of impact weapons. Lock breaching rounds will be classified on the same level as deadly force if used against human beings. (d) Each officer using tactical weapons will successfully complete at least semi annual qualifications and training with these weapons by an OPOTC certified instructor and firing an OPOTC authorized course of fire. E) Concealed Carry of Firearms 1) It is the policy of the Fremont Police Department to at all times provide the citizens of our community with the maximum law enforcement protection available. Therefore, it is with that mission in mind that whenever sworn officers of this department are within the jurisdiction of their commission they are encouraged but not required to be armed according to the laws of this state and the policy of this department. Reserve officers are not authorized by the department to be armed unless on active duty. 2) Guidance for this policy comes from Section 2923.12 of the Ohio Revised Code which states in part that; “No person shall knowingly carry or have, concealed on his or her person, or concealed ready at hand, any deadly weapon or dangerous ordnance.”

Section 21.10

Section 21 Firearms; Use of Force; Use of Deadly Force 3) This section does not apply to officers, agents, or employees of this or any other state or the United States or to law enforcement officers, authorized to carry concealed weapons or dangerous ordnance, and acting within the scope of their duties. 4) Concealed carry of a firearm while on duty. Officers of this department assigned to duties that require civilian attire and/or who carry a second (backup) firearm are required to conform to the following for carrying firearms in this manner: (a) The firearm carried must be approved by the firearms training officer as listed above. (b) The firearm carried must be worn in a department-approved holster, which securely holds the handgun. No holsters will be permitted inside or outside the waistband, leg holsters, shoulder holsters, fanny pack, or purse that do not secure the handgun. No handgun will be carried unless it is contained in some type of approved holster or secure carrying device as listed above. No handguns will be carried tucked into a waistband without a holster. (c) The individual holsters and the manner in which the officer intends to carry the concealed firearm (i.e. shoulder holster, ankle holster, belt holster, etc.) must be approved by the firearms training officer and documented in the officer’s firearms training record. Any method of carrying the firearm without prior approval and training is not permitted. (d) Officers who carry a firearm concealed while on-duty or off-duty are required to do so discrete so as to not alarm the general public. (e) Any officers who carry a firearm concealed while on duty or off duty will be required to have specific training on the care, operation and all functions of the firearm. Additionally, firing proficiency training and testing will be performed from the method of carry selected by the officer and approved by the firearms training officer. (f) Any officer who carries a concealed firearm while on-duty will carry on his or her person at all times the following: (i) At least one spare reloading device fully loaded for the primary duty firearm. This is not required for a “back-up” firearm. (ii) Department approved handcuffs or restraining device. (iii) Department authorized less than lethal alternatives (i.e. O.C. spray and/or A.S.P baton) when practical. (iv) Badge and department identification easily accessible and able to be displayed on the outermost garment. (v) Section F does not apply to those officers, who, with supervisor authorization are working an assignment that would, for the safety of the officer, prohibit the carrying of such equipment (i.e. undercover operations). 5) Concealed Carry of a Firearm while Off-Duty. Officers of this department have a sworn duty to the citizens of this community to protect and serve regardless of the officer’s duty status. Additionally, due to several factors, such as the officer’s real authority to arrest, availability to render assistance to

Section 21.11

Section 21 Firearms; Use of Force; Use of Deadly Force fellow officers, ability to respond to call outs, and self protection from those individuals whom the officer may have had previous official contact the following applies: (a) All sworn full time officers of this department, while in the jurisdiction of their commission, are authorized and may be armed with a department approved firearm at all times when on duty or off duty. (b) Any law enforcement action taken while off-duty within this department’s jurisdiction will be considered to be an official act and, therefore, all Laws, Rules, Regulations, Policies, and Directives of this department apply to the individual officer acting within the scope of his or her employment. (c) All requirements outlined for the Carry of a Concealed Firearm while OnDuty in the above section apply for off-duty carry with the exception of item 3 in Subsection F as listed above. (d) In accordance with the Ohio Revised Code, officers of this department may only carry a concealed firearm OUTSIDE this jurisdiction when authorized to do so and acting within the scope of their employment. Therefore, no officer may carry a concealed firearm while off-duty and outside this jurisdiction under the authority of his or her status as a police officer unless acting as an officer of this department while on official business. Any officer who chooses to carry a concealed firearm while offduty and outside the jurisdiction of this department may do so at their own risk and under their own authority, exercising their rights as a private citizen under the affirmative defense section of O.R.C. 2923.12 C. Officers are not allowed to carry department issued and owned firearms outside the jurisdictional area unless on official business, authorized training, or traveling between his or her residence and his or her jurisdictional area. X. Certification and Training A) The departmental firearms training program will include instruction in the departmental use of force policy, the legal requirements on the use of deadly force, firearms safety, and firearms shooting proficiency for all weapons the officer is authorized to use in the performance of his or her duties. The firearms training program will include the officer's on duty, off duty, and secondary weapons. The training program will meet or exceed State mandated training requirements. As per Ohio Revised Code section 109.801 the Level TwoPass/Fail method of scoring the targets will be used. B) Firearms proficiency testing shall be required at least semi-annually by all officers with all departmentally approved firearms used by them. Should any member fail to meet department required certification standards (which will exceed state minimum standards) with the duty handgun or shotgun, he or she will be subject to disciplinary action for failing to maintain standards. Since O.R.C. section 109.801 requires all police officers to successfully complete an approved firearms re-qualification test to maintain certification, officers failing to pass the qualification test after the second attempt on any individual test day will not be

Section 21.12

Section 21 Firearms; Use of Force; Use of Deadly Force allowed to return to active duty until they have successfully completed retraining and retesting by one of the department range instructors. Retraining shall not be considered “mandatory” as far as overtime payment, since firearms proficiency is a job requirement. Officers must not be allowed to work after failing to demonstrate this job-required skill. It will be the officer's responsibility to arrange with the department's firearms instructors for retraining, retesting and recertification. Disciplinary action will be determined by the Chief of Police and the City Administration following all pertinent contractual agreements. 1) Any officers not attending mandatory firearms certification testing due to illness, vacation, or other excused absence will have ten days after the scheduled testing or after their return to work in which to successfully qualify. It will be their responsibility to contact the chief range instructor and make arrangements for testing. Any officers not completing their testing within this ten-day period will be considered to have not passed and be subject to the disciplinary actions listed above. 2) During at least one of the two annual mandatory firearms qualification sessions, departmental issued duty ammunition will be fired for at least part of the course of fire. This will be done in conjunction with the annual replacement of duty ammunition. All other testing will be done with ballistic equivalent to the duty ammunition (i.e. same caliber, same bullet weight, same approximate velocity and power factor.) 3) All testing shall be done using the “Level Two” scoring system as established by the OPOTC and the Ohio State Legislature in Chapter 109: 2-13 of the Ohio Administrative Code. This level two scoring system shall be as follows: (a) An OPOTC approved course of fire will be used for all testing. All courses of fire will be submitted to the Ohio Peace Officers Training Commission for approval. The various authorized courses of fire for each weapon will be kept on file. (b) OPOTC certified targets will be used for testing. (c) Only holes that are inside of the preferred area (inner hits) will be counted as hits. Any hit that breaks the preferred area's boundary line will also be counted as a hit. (d) Targets will be scored using a pass/fail system with 80% of the possible points being a passing score (100% minimum score for 3 foot hip shooting) on each exercise. Scoring will only be marked "Pass" or "Fail". Each officer will receive two official attempts to pass on the test day. Retraining will be given before the second attempt is made. (e) Each exercise must be passed on an individual basis. Aggregate scoring for the entire course of fire will not be used. (f) Any bullet which misses the target completely (or is not at least 1/4 inch inside the outer edge line of the target silhouette) will be considered a miss and that exercise will be failed. The exercise will have to be successfully re-fired to pass. 4) The officer designated by the Chief of Police as being in charge of the firearms training program shall see that all newly appointed officers of the Fremont Police Department demonstrate proficiency in the use of firearms and

Section 21.13

Section 21 Firearms; Use of Force; Use of Deadly Force shall have the newly appointed officers fire the required qualification test, with factory loaded, duty equivalent ammunition to the satisfaction of the training officer before the newly appointed officer is assigned to regular patrol duty. A written report on satisfactory completion of this training shall be promptly filed for inclusion in the officer's personnel and training files. 5) Live-fire training shall be done at least twice annually in addition to the testing listed above. The training staff will endeavor to prepare training that will be challenging but realistic. Training during the year will include such techniques and conditions as low levels of light, use of flashlights, and moving targets (either the officer moves, the targets move or a combination thereof.) Training will not be limited to these sessions and goals but these will be minimum goals. 6) The head of the department firearms staff shall maintain a certification record file for every officer authorized to carry firearms. The file shall contain the following information: (a) Officer's name (b) Certified on duty, off duty, secondary handguns, shotgun and/or other long guns (c) Results of shooting tests to include date, ammunition, weapon fired, course of fire and range officers (d) Written test and safety demonstration results. XI. Ammunition A) Only factory-loaded ammunition approved and issued by the department firearms staff will be carried in any duty weapon while on or off duty except for purposes of practice or training. B) Formal training and testing will be conducted with ammunition at least the ballistic equivalent of the duty ammunition (same caliber, same approximate bullet weight, same approximate velocity).

XII. Procedures for Firearms Discharge A) Except for training, practice, qualifications, demonstrations, competition and/or hunting, when an officer discharges a department issued or authorized weapon, either unintentionally or intentionally, he or she shall immediately follow the appropriate procedures as outlined below: 1) Determine the physical condition of any injured person and render first aid when appropriate, requesting any necessary additional emergency medical aid. 2) Notify the telecommunications operator and the immediate on-duty supervisor whether the officer is on or off duty. 3) The officer will remain at the scene (unless injured) until the arrival of the appropriate investigators and give a preliminary statement as to what occurred. However, if the circumstances are such that the continued presence of the officer at the scene might cause a more hazardous situation to develop (ex: violent crowd), the ranking commanding officer at the scene shall have the discretion to instruct the officer to respond to another, more appropriate location.

Section 21.14

Section 21 Firearms; Use of Force; Use of Deadly Force 4) The officer will protect his/her weapon for forensic examination and submit said weapon to the appropriate investigator upon request. Under no circumstances will the officer's weapon be taken at the scene of the incident while in public view. The weapon will not be taken from the officer until it can be replaced with another weapon unless necessary for medical treatment reasons. 5) In cases of injury or death, the officer should not discuss the case with anyone except supervisory and internal investigation personnel, the officer's privately retained attorney and/or union representative, his/her immediate family, and those individuals whom the Chief of Police has granted such authority. 6) A complete detailed written report by the officer shall be prepared and forwarded to the Chief of Police and designated officer in charge of the investigation within 24 hours of the incident unless the officer is physically unable to do so. 7) Noting the normal psychological phenomenon which causes short-term memory to be affected by critical incident stress and post traumatic stress disorder such that details of the incident may be remembered later that could not be initially recalled, the officer will have the ability to amend his or her statement as necessary. 8) The uniformed patrol commander shall proceed immediately to and secure the scene. He will conduct a preliminary field investigation. He will see that the Chief of Police is notified of the incident as soon as possible, and notify the detective bureau immediately if there are injuries or death resulting from the shooting. He will render command assistance to the assigned investigators, assist the involved officer(s), and submit a detailed written report of the results of the investigation to the Chief of Police, the assigned investigator(s), and the Board of Firearms Review within 24 hours of the incident. 9) The Detective Bureau or Ohio Bureau of Criminal Identification and Investigation shall conduct a thorough investigation when a shooting incident involving a police officer occurs which results in injury or death to any person. B) In cases of an unintentional or intentional discharge of a department issued or authorized firearm where there were no injuries, the on-duty uniformed supervisor will be notified and will do a preliminary investigation. 1) Reports as to the circumstances of and any damages done by the unintentional discharge will be submitted by the involved officer and the investigating supervisor. 2) Depending on the circumstances, the involved officer may be required to undergo remedial training to prevent a recurrence of the accident. 3) Disciplinary action may be taken depending on the circumstances and severity of the incident. XIII. Legal Representation A) Officers may request that their private attorneys immediately be notified of any officer-involved shooting incident. The attorneys may immediately proceed to

Section 21.15

Section 21 Firearms; Use of Force; Use of Deadly Force the scene of the incident to meet with and establish a lawyer-client relationship with the officers but may not interfere with the conducting of the investigation. B) All communications between officers and their attorneys are privileged and must remain confidential and undisclosed unless released by authority of the officer. C) The officer’s attorney may assist the officer in drafting the officer’s formal official statement as to the underlying facts and the reasonableness as perceived by the officer justifying the use of deadly force. This statement will be drafted to insure that legal sufficiency for such use of force is included in the officer‘s statement. The officer will be advised of his or her legal and department rights regarding such statements. XIV. Firearms Review Board A) The Firearms Review Board shall be established by the Chief of Police and convened to review circumstances attendant to each discharge of a firearm by a department member involving injury or potential injury to people. The Board will not be necessary for the destroying of an animal (injured or vicious / attacking dogs) or discharges for firearms training or practice, hunting, or ballistic examinations or most accidental or unintentional discharges not involving injury to people. B) The Board should consist of: 1) The administrative captain 2) One officer of command-officer rank 3) At least one officer of the same rank as the officer involved 4) At least one member of the firearms training staff C) The Firearms Review Board will evaluate each aspect of an officer-involved shooting. Such evaluations will include: 1) A thorough review of involved officer's report, the investigator's report and initial responding supervisor's report and any available physical evidence. 2) A hearing of direct testimony, if necessary, from officers and witnesses. The officer will be advised of his or her rights in an administrative hearing that will include: (a) The right to an investigation which is narrowly confined to the specific shooting incident. (b) The right to know if he or she is suspected of misconduct which if sustained, could be grounds for administrative action to include dismissal. (c) The right to refuse to answer any questions, but such refusal shall be grounds for disciplinary action up to and including dismissal. (d) That the results of the internal investigation interview will not be used against the officer in any subsequent criminal proceeding. (e) The interviewed member shall, upon request, be provided a copy of any statement given by him/her. D) The Firearms Review Board will report to the Chief of Police the following: 1) Whether the shooting was within policy, out of policy, or accidental. 2) Tactical and training considerations. 3) Discipline considerations.

Section 21.16

Section 21 Firearms; Use of Force; Use of Deadly Force E) The Chief of Police will review the report from the Firearms Review Board. The Chief will determine if further investigation or action is appropriate. The report will then be forwarded to the City Safety Service Director. Appropriate disciplinary action, if any, shall be determined by the Chief of Police and Safety Service Director, based upon the factual determination made by the Firearms Review Board. XV. Administrative Leave/Duty A) Any officer directly involved in using deadly force during an incident (i.e. involving serious physical harm or death to persons) shall be placed on temporary "administrative leave" (not to be referred to as a suspension) directly upon completion of his/her preliminary report of the incident. This leave shall be without loss of pay or benefits, pending the results of the investigation. This shall not be considered “sick leave” or any other leave chargeable to the officer. The assignment to administrative leave shall not be interpreted to imply or indicate that the officer has acted improperly. B) While on administrative leave, the officer shall remain available for official departmental interviews and statements regarding the shooting incident and shall be subject to recall to duty at any time. The officer shall not discuss the incident with anyone except the city/department's attorney and/or the prosecutor, department personnel assigned to the investigation, the officer's private attorney and/or union representative, the officer's psychologist or mental health practitioner, the officer's chosen clergy, and the officer's immediate family without permission from the Chief pending completion of the investigation. C) The officer may also be assigned to "administrative duty" for a period of time deemed appropriate by the Chief of Police upon completion of his detailed report. This will entail work other than patrol duties. XVI. Psychological Services for the Officer Officers involved in critical incidents (examples: cases where a person has been injured or killed as a result of a firearm discharge by a police officer, severe injuries to a police officer, severe traffic accidents) will have available to them at no personal cost an "emotional debriefing" by a department-furnished psychologist, chaplain, or mental health practitioner. This is not just restricted to the officer directly involved but any other officers, dispatchers, or family members directly involved in the incident and/or affected thereby. The purpose of this debriefing is to provide the employees and families with a source of professional counseling to aid them in dealing with the moral, ethical, and psychological after effects of a critical incident. These services shall not be related to any department investigation of the incident and nothing discussed will be divulged to the department. The consultation sessions will remain protected by the privileged relationship.

Section 21.17

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