f9_arminginvestigationofashooting

Procedure Number: F9 Revised: 05/98 Revised: 09/01 Revised: 11/12 1 ARMING: INVESTIGATION OF SHOOTING AUTHORITY California Code Section(s): California Penal Code (PC) Sections 196, 197, 830.5, 832, 25105, 26150 California Government Code (GC) Section 3303 Related Probation Department Policies: IV1 Policy, Procedure and the Law IV10 Employee Conduct IV23 Officer-Involved Critical Incident Protocol IV27 Peace Officer Authority Related Probation Officer Procedures: E3 Arrest of Juve nile and Adults F2 Continuum of Force F5 Arming: Authority, Safety and Scope of Employment F6 Arming: Request, Authoriz ation and Training Procedures F7 Arming: Firearms/Ammunition Storage and Maintenance F8 Arming: Use of Firearms F11 Safety Equipment for Non-Armed Probation Officers AUTHORITY OF THE SHOOTING INQUIRY BOARD All incidents involving the discharg e of a firearm by a probation offi cer shall be investigated by the law enforcement agency having jurisdiction over the location of the incident. If the incident involved either injury or de ath, the department has the op tion of requesting the OFFICER- INVOLVED CRITICAL INCIDENT PROTOCOL. Vari ous peace officer ag encies within El Dorado County and the District Attorney's Offi ce have joined together to provide mutual assistance for investigating peace officer involved shootings. Although this department is not a responding member of this pr otocol, the Probation Departme nt can activate the OFFICER- INVOLVED CRITICAL INCIDENT PROTOCOL to investigate a shooting, when needed. There shall also be an El Dorado County Proba tion Department Shooting Inquiry Board, which will convene for the purpose of dete rmining the facts, in each instan ce of a firearm discharge as required to be reported by this procedure. The Shooting Inquiry Board shall be composed of the following personnel: 1. The Assistant Chief Probation Officer (or de signee of the Chief Probation Officer) who shall act as the Chairperson. 2. A Deputy Chief Probation Officer designa ted by the Chief Probation Officer. 3. A Supervising Deputy Probation Officer de signated by the Chief Probation Officer. 4. The probation officer involved in the shootin g may, if he/she chooses, designate any sworn member of the department to serve as an additional member. This officer shall serve as an impartial member of the Board and will not serve as an advocate for the officer involved. The member selected sh all not be selected from persons who are involved in the shooting or any subsequent investigation, nor shall the additional member be the immediate superv isor of the officer involved. Procedure Number: F9 2 5. At least one member of the Board, except the designee chosen by the officer, shall remain quarterly qualified for use of a department issued firearm. It shall be the purpose of the S hooting Inquiry Board to review th e investigation of the shooting and to determine the facts surrounding the in cident. It may, upon the authority of the Chairperson, interview witnesses or investigators. At the conclusion of its review, the Board's actions and duties shall be re stricted to the following:  A brief summary of the incident, as determ ined by the facts presented to the Board.  The Board's opinion of whether the discharg e violated any department regulations.  Whether or not the action of the officer was reasonable, safe and necessary.  Any minority opinion of a member, in the event that the Board's opinion is not unanimous.  The signature of each Board member. The Chief Probation Officer shall accept or reject the findings of the Board. RELINQUISHMENT OF A FIREARM Whenever there is an intentional or negligen t discharge of a firear m by a probation officer, his/her firearm will be immediatel y surrendered to the jurisdictiona l law enforcement agency or to a supervisor, manager, or the Chief Probatio n Officer, for the purpose of examination and/or for other investigative purposes. The department may request an inspection of the firearm by a person of competent authority to determine its mechanical and/or functional condition, in addition to any other physical exam inations that may be necessary as part of the investigation. The law enforcement agency having jurisdiction in the area of the discharge may need the firearm to complete their inves tigation. If the firearm is surre ndered to the probation supervisor, manager, or the Chief Probation Officer, it may be immediately delivered to the appropriate law enforcement agency, to be handled in accordance with any necessary procedures to complete the investigation associated with the discharge. Th is will include completing a property and chain of custody form. During the period of time an officer's firearm is being examined and/or tested, arrangements may be made for the temporary issu ance of another firearm if au thorized by the Chief Probation Officer or his/her designee. When testing of the officer's firearm is completed, it will be returned to the officer and the temporarily issued firearm shall be promptly returned to the department.