Policy Text
Policy
302Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2021/04/07, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentDeadly Force Review - 1Deadly Force Review
302.1 PURPOSE AND SCOPE
This policy establishes a process for the Mountain View Police Department to review the use of
force by its employees.
This review process shall be in addition to any other review or investigation that may be conducted
by any outside or multi-agency entity having jurisdiction over the investigation or evaluation of the
use of deadly force.
302.2 POLICY
The Mountain View Police Department will objectively evaluate the use of force by its members to
ensure that their authority is used lawfully, appropriately and is consistent with training and policy.
302.3 REMOVAL FROM LINE DUTY ASSIGNMENT
Generally, whenever an employee's actions or use of force in an official capacity, or while
using department equipment, results in death or very serious injury to another, that employee
will be placed in a temporary administrative assignment pending an administrative review. The
Police Chief may exercise discretion and choose not to place an employee in an administrative
assignment in any case.
302.4 REVIEW BOARD
The Use of Force Review Board will be convened when the use of force by a member results in
very serious injury or death to another.
The Use of Force Review Board will also investigate and review the circumstances surrounding
every discharge of a firearm, whether the employee was on- or off-duty, excluding training or
recreational use.
The Police Chief may request the Use of Force Review Board to investigate the circumstances
surrounding any use of force incident.
The Special Services Captain will convene the Use of Force Review Board as necessary. It will
be the responsibility of the Captain or supervisor of the involved employee to notify the Special
Services Captain of any incidents requiring board review. The involved employee's Captain or
supervisor will also ensure that all relevant reports, documents and materials are available for
consideration and review by the board.
302.4.1 COMPOSITION OF THE BOARD
The Special Services Captain should select five Use of Force Review Board members from the
following, as appropriate:
•Representatives of each division
•Commanding officer in the involved member's chain of command
Mountain View Police Department
Mountain View PD Policy Manual
Deadly Force Review
Copyright Lexipol, LLC 2021/04/07, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentDeadly Force Review - 2•Personnel & Training Sergeant
•Non-administrative supervisor
•A peer officer
•A sworn peace officer from an outside law enforcement agency
•Department instructor for the type of weapon, device or technique used
The senior ranking command representative who is not in the same division as the involved
employee will serve as chairperson.
302.4.2 RESPONSIBILITIES OF THE BOARD
The Use of Force Review Board is empowered to conduct an administrative review and inquiry
into the circumstances of an incident.
The board members may request further investigation, request reports be submitted for the
board's review, call persons to present information and request the involved employee to appear.
The involved employee will be notified of the meeting of the board and may choose to have a
representative through all phases of the review process.
The board does not have the authority to recommend discipline.
The Police Chief will determine whether the board should delay its review until after completion of
any criminal investigation, review by any prosecutorial body, filing of criminal charges the decision
not to file criminal charges, or any other action. The board should be provided all relevant available
material from these proceedings for its consideration.
Absent an express waiver from the employee, no more than two members of the board may ask
questions of the involved employee (Government Code § 3303). Other members may provide
questions to these members.
The review shall be based upon those facts which were reasonably believed or known by the
officer at the time of the incident, applying any legal requirements, department policies, procedures
and approved training to those facts. Facts later discovered but unknown to the officer at the time
shall neither justify nor call into question an officer's decision regarding the use of force.
Any questioning of the involved employee conducted by the board will be in accordance with
the department's disciplinary procedures, the Personnel Complaints Policy, the current collective
bargaining agreement and any applicable state or federal law.
The board shall make one of the following recommended findings:
(a)The employee's actions were within department policy and procedure.
(b)The employee's actions were in violation of department policy and procedure.
A recommended finding requires a majority vote of the board. The board may also recommend
additional investigations or reviews, such as disciplinary investigations, training reviews to
Mountain View Police Department
Mountain View PD Policy Manual
Deadly Force Review
Copyright Lexipol, LLC 2021/04/07, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentDeadly Force Review - 3consider whether training should be developed or revised, and policy reviews, as may be
appropriate. The board chairperson will submit the written recommendation to the Police Chief.
The Police Chief shall review the recommendation, make a final determination as to whether the
employee's actions were within policy and procedure and will determine whether any additional
actions, investigations or reviews are appropriate. The Police Chief's final findings will be
forwarded to the involved employee's Captain for review and appropriate action. If the Police Chief
concludes that discipline should be considered, a disciplinary process will be initiated.
At the conclusion of any additional reviews, copies of all relevant reports and information will be
filed with the Police Chief.