Chicago Police DepartmentGeneral Order G03-02-03
Firearms Discharge Incidents Involving Sworn Members
Issue Date:16 October 2017Effective Date:16 October 2017
Rescinds:30 October 2014 Version; D17-01
Index Category:Field Operations
I.Purpose
This directive outlines the policy governing sworn member's discharge of a firearm.
II.Investigative Authority
  • A.Pursuant to Section 2-78-120(c) of the Municipal Code of the City of Chicago, COPA will conduct investigations into all incidents, including those in which no allegation of misconduct is made, in which a Department member discharges a firearm in a manner that potentially could strike another individual. COPA personnel will respond to any such weapon discharge incident to initiate an administrative investigation consistent with COPA's jurisdiction.
  • B.Department members will coordinate with members of the Civilian Office of Police Accountability (COPA) for investigations related to firearm discharge incidents.
  • C.Nothing within the law prevents the Department from conducting an internal review of use of force incidents to address Department policy, training, tactical, and equipment considerations.
III.Policy
  • A.Sanctity of Human Life. All incidents will be resolved with the foremost regard for the preservation of human life and the safety of all persons involved. A member's decision to utilize a firearm will be made in accordance with G03-02, "Use of Force."
  • B.De-escalation. Department members will use de-escalation techniques to prevent or reduce the need for force when it is safe and feasible to do so based on the totality of the circumstances. This includes continually assessing the situation and modifying the use of force as circumstances change and in ways that are consistent with officer safety.
  • C.When Use is Authorized. Department members' use of a firearm must be objectively reasonable, necessary under the circumstances, and proportional to the threat, actions, and level of resistance offered by a subject. Consistent with G03-02 "Use of Force," Department members are authorized to use a firearm in deadly force incidents against an assailant as a last resort that is permissible only when necessary to protect against an imminent threat to life or to prevent great bodily harm to the member or another person.
  • D.When a sworn Department member discharges a firearm in an incident where an individual has been killed or sustained injury likely to cause death, Department members will also follow the procedures outlined in the Department directive entitled "Officer-Involved Death Investigations."
  • E.A member's use of a firearm will be documented on a Tactical Response Report (TRR).
  • F.Under normal circumstances, the provisions of this directive will not apply to the discharge of a firearm during:
    • 1.Department-sponsored firearms training or practice.
    • 2.firearms practice at a recognized range facility.
    • 3.Department-authorized ballistic examination or testing.
    • 4.a licensed hunting activity.
  • G.Firearms discharge incident investigations remain bound by the involved members' respective collective bargaining agreement(s) and the Department directive entitled "Department Member's Bill of Rights," including the timeliness of documented formal statements.
  • H.For additional guidance on Department firearms, Department members will refer to the Department directives entitled "Department Approved Weapons and Ammunition," for Department-approved firearms, ammunition, and training.
IV.Immediate Notifications
For any firearm-discharge incidents, including unintentional discharges and those involving the destruction of an animal:
  • A.the discharging member will immediately notify the Office of Emergency Management and Communications (OEMC) of the firearms discharge providing all relevant information and requesting additional resources.
    NOTE:
    If the firearm-discharge incident occurs outside the City of Chicago, the member will also notify the law enforcement agency having jurisdiction and the Chicago Police Department's Crime Prevention and Information Center (CPIC).
  • B.OEMC will immediately notify the:
    • 1.involved member(s) immediate supervisor.
    • 2.field supervisor and the watch operations lieutenant from the district of occurrence.
    • 3.CPIC.
  • C.CPIC will notify the following via email and phone communication:
    • 1.the deputy chief assigned to the Street Operations Unit (Street Deputy)/designated incident commander responsible for the investigation.
    • 2.the commander of the district of occurrence.
    • 3.Bureau of Internal Affairs (BIA) call-out supervisor.
    • 4.COPA personnel.
    • 5.the commander of affected Bureau of Detectives area.
    • 6.Bureau of Detectives Investigative Response Team (IRT).
    • 7.the appropriate area deputy chief, Bureau of Patrol.
    • 8.the involved member's commanding officer.
    • 9.any other units or agencies as appropriate and consistent with CPIC procedures.
V.Immediate Post-Discharge Responsibilities
  • A.Initial Incident Response. Upon receiving notification of a firearms discharge incident, OEMC will:
    • 1.dispatch sufficient patrol units to the scene.
    • 2.determine if a medical emergency exists and, when appropriate, notify the Chicago Fire Department to dispatch emergency medical service units to the scene.
    • 3.assign a field supervisor from the district of occurrence to the scene. If a member has been injured, OEMC will assign a supervisor to respond to the medical facility treating the injured member.
    • 4.not broadcast the name of a Department member who has been involved in a firearm- discharge incident over the police radio.
  • B.Discharging Member. In any instance where a member has discharged a firearm, the member, if physically capable, will:
    • 1.immediately request appropriate medical aid for any injured person and may provide appropriate medical care consistent with the member's training.
    • 2.attend to all required emergency and security duties arising from the incident, including crime scene protection, until the arrival of the responding supervisory personnel.
    • 3.remain on the scene, if not injured, and report to a field supervisor from the district of occurrence upon his or her arrival.
    • 4.not disengage his or her activated Department-issued recording equipment (e.g., In-Car Video Systems, Body Worn Cameras) until so directed by an on-scene supervisor in accordance with the procedures delineated in the Department directives entitled "Body Worn Cameras" and "In-Car Video Systems."
      NOTE:
      The Body Worn Camera of the involved member will be secured consistent with the Department directive entitled "Body Worn Cameras."
    • 5.ensure that his or her firearm remains holstered and secured until it is submitted to Forensic Services Division personnel.
      NOTE:
      If the involved member is injured and needs to be relieved of his or her firearm prior to receiving medical treatment, the securing member will take possession of the firearm and duty belt and ensure that the firearm remains holstered and secured.
    • 6.ensure that any weapons or other items of evidentiary value are secured at the scene as found until recovered by Forensics Services Division personnel, unless public safety requires immediate recovery.
    • 7.preserve the firearm as evidence for processing in accordance with the Department directive entitled "Crime Scene Protection and Processing," if disarmed during a firearm-discharge incident or if the firearm may otherwise contain biological or other trace-matter evidence.
    • 8.cooperate with the public safety investigation conducted by a supervisor by providing oral responses to the public safety questions. The public safety investigation will consist of general safety questions concerning:
      • a.any injuries sustained by the member or other individuals.
      • b.whether weapons were discharged, either by Department members or other individuals, what type of weapons, and the direction of the discharges.
      • c.whether subjects are still at large and their descriptions, direction of travel, and alleged criminal offense(s).
      • d.the identification and location of any victims, offenders, witnesses, or evidence.
      • e.information about any involved vehicles, including damage to vehicles or vehicle-related safety concerns.
      • f.any officer-wellness related matters.
      NOTE:
      Department members will ensure Department-issued recording equipment (e.g., In-Car Video Systems, Body Worn Camera) are deactivated before providing oral responses to the public safety questions as delineated in the Department directives entitled "Body Worn Cameras" and 'In-Car Video Systems."
    • 9.upon arrival of the Street Deputy/on scene incident commander, cooperate with any additional public-safety-related questions as consistent with examples provided above.
    • 10.refrain from discussing the details of the incident with any other involved Department members or witnesses.
    • 11.complete a Tactical Response Report (TRR) (CPD-11.377) and other reports at the location designated by the incident commander responsible for the investigation.
  • C.Witness Members. Any member, whether on or off duty, who did not discharge a firearm, but has knowledge of circumstances surrounding a firearm-discharge incident or who has been fired upon will:
    • 1.report to the Street Deputy/designated incident commander responsible for the investigation and remain on scene until released.
    • 2.provide those Department members conducting the investigation with required information and assistance.
    • 3.refrain from discussing the details of the incident with any other involved members or witnesses.
    • 4.be available for COPA investigative personnel until released by the Street Deputy in coordination with COPA.
  • D.Responding Supervisor. The assigned field supervisor from the district of occurrence will:
    • 1.proceed immediately to the scene and assume command and oversight of the scene until relieved by a higher ranking member from the Bureau of Patrol or the Street Deputy.
      NOTE:
      Either the field sergeant or a relieving supervisor will remain on scene with sufficient information to fully brief the responding Street Deputy/designated incident commander responsible for the investigation, if applicable.
    • 2.ensure medical attention is provided and adequate manpower and equipment are available.
    • 3.ensure the public safety investigation is conducted, including:
      • a.securing the scene;
      • b.addressing any injuries and public safety issues; and
      • c.identifying and securing any victims, offenders, witnesses, and evidence.
    • 4.establish an inner and outer perimeter at the scene of the incident as soon as practicable.
      • a.The inner perimeters are the areas at the scene of the incident where physical evidence is likely to be recovered.
      • b.The outer perimeters are the areas surrounding and encompassing the inner perimeters where assigned personnel can be briefed and deployed.
      • c.The responding supervisor will minimize access to the inner perimeter by Department members with no specific need to be within the inner perimeter as delineated in the Department directive entitled "Crime Scene Protection and Processing."
    • 5.ensure that:
      • a.the involved Department members remain separate from each other and do not communicate with each other or other witnesses regarding the incident until excused by the Street Deputy/designated incident commander responsible for the investigation.
      • b.when feasible, no member of any rank other than Forensics Services Division personnel handles, inspects, unloads, or otherwise tampers with the involved member's firearm.
      • c.unless the member was disarmed, the firearm remains holstered and secured pending the arrival of Forensic Services Division personnel and COPA personnel.
      • d.where circumstances require that a Department member’s firearm must be preserved as evidence, the firearm is processed in compliance with the Department directive entitled "Crime Scene Protection and Processing."
      • e.all fired projectiles have been accounted for without contaminating or interfering with the collection and maintenance of evidence.
      • f.witnesses and other persons (Department member or non-Department member) who may have relevant information are made available for on-scene interviews.
      • g.when feasible, all Department and non-Department vehicles involved in the incident remain undisturbed until Forensic Service Division personnel, the Street Deputy/designated incident commander, and COPA assess the need for and complete any forensic processing.
      • h.an officer other than the involved member has been assigned to conduct the preliminary investigation, prepare the original case report, and relay additional information to investigating units.
      • i.written reports are generated to document on-scene investigative activities performed by Bureau of Patrol personnel, such as searches for firearms or other physical evidence, and review all written reports generated by Bureau of Patrol personnel submitted during the preliminary investigation.
        NOTE:
        The responding supervisor will ensure that the name, star number, and unit of assignment of all Department members and the name and organizational affiliation of all non-Department personnel who enter the crime scene are documented in accordance with the Department directives entitled “Crime Scene Protection and Processing.
    • 6.confirm the notifications listed in Item IV have been made.
    • 7.if circumstances necessitate the relocation of the investigation from the site of the occurrence, contact the Street Deputy/designated incident commander responsible for the investigation for authorization and notify CPIC.
    • 8.assign transportation for the involved members, if necessary, while ensuring they remain separated.
    • 9.verify the submission of written reports from involved members in conformance with the provisions of this directive.
    • 10.complete the supervisor's section of the TRR, if appropriate.
      NOTE:
      If the involved member is of the rank of sergeant or higher, a higher ranking member will complete the supervisor's section of the TRR.
    • 11.remain on duty until dismissed by the Street Deputy/designated incident commander responsible for the investigation.
  • E.Watch Operations Lieutenant. The watch operations lieutenant of the district of occurrence will:
    • 1.obtain a Universal (U) Number from COPA in all cases in which a Department member has:
      • a.discharged a firearm in a manner that could strike an individual ; or
      • b.suffered a self-inflicted gunshot wound.
    • 2.follow the procedures in the Department directive entitled "Notification of Death or Serious Injury to a Member: Duty Related" when a Department member has been injured or killed by gunfire.
VI.Investigating Command Personnel Responsibilities
  • A.The district executive officer, when on duty, will respond to and assume command of incidents involving the discharge of a firearm by a Department member (including the discharge of a firearm in the destruction of an animal) until relieved of investigative responsibility by a higher ranking member from the Bureau of Patrol or the Street Deputy.
  • B.Investigating command personnel will be designated according to the following:
    • 1.The deputy chief assigned to the Street Operations Unit (Street Deputy) will respond and assume command of the investigation for all shots fired at or by sworn Department members, except for the destruction of an animal with no injury to any persons.
      NOTE:
      This includes the unintentional discharge of a firearm and all firearms-discharge incidents with injuries, whether on or off duty.
    • 2.For firearms-discharge incidents that involve the destruction of an animal with no injury to any persons, the district executive officer (XO) of the district of occurrence will respond and assume command of the investigation. If the district XO is not on duty, the commander of the district of occurrence will respond and assume command.
    • 3.No member below the rank of captain will direct an investigation into an incident involving the discharge of a firearm by a sworn Department member.
    • 4.For all firearm-discharge incidents, when the involved member is the same rank or higher than the incident commander responsible for the investigation, the Chief, Bureau of Patrol, will assume the investigating command personnel responsibilities.
  • C.The Street Deputy/designated incident commander responsible for the investigation will:
    • 1.proceed to the scene, assume command of the scene, and ensure a complete and thorough investigation is conducted of the incident.
    • 2.ensure all tasks delineated for lower-ranking personnel have been or are being performed, including the public safety investigation at the scene of the incident.
    • 3.confer with the supervisor who conducted the initial public safety investigation and, if deemed necessary, conduct a voluntary walk through and a public safety interview with each of the involved Department member(s) without delay and outside the presence of any other individual.
    • 4.designate a supervisor responsible for assisting in the preliminary investigation whenever the incident has occurred in more than one district.
    • 5.personally conduct an investigation into the circumstances surrounding the incident in a manner consistent with this directive.
    • 6.ensure the discharging member is removed from the scene as soon as practicable and remains accompanied by a supervisor until excused by the Street Deputy.
    • 7.ensure Forensic Services Division personnel complete all required tasks outlined in Item VIII of this directive.
      NOTE:
      In consultation with COPA investigative personnel if available, the Street Deputy/designated incident commander responsible for the investigation may waive firearm inventory and ballistic examination and may authorize the member to retain his or her firearm in instances in which there is no likelihood of death or injury to a person or no identifiable property damage.
    • 8.unless immediately necessary, consult with responding COPA investigative personnel if available, Bureau of Detectives personnel, and Forensic Services Division personnel before any involved vehicles are removed from the scene.
    • 9.unless necessary for public safety, ensure that COPA investigative personnel are consulted and present, unless unavailable, when:
      • a.any audio/video material is extracted from City of Chicago and third party surveillance systems.
      • b.Department personnel review available audio/video recordings related to the incident.
    • 10.ensure that COPA investigative personnel are apprised of information obtained from Department members and civilian witnesses in a timely manner.
    • 11.fulfill the obligations outlined in the Department directive entitled "Traumatic Incident Stress Management Program," including:
      • 1.determining whether an incident should be classified as a traumatic incident in situations other than those specifically defined as a traumatic incident.
      • 2.completing a Traumatic Incident Stress Management Program Notification form (CPD-62.480) and providing the affected member with the original (white) and the officer's copy (yellow copy) of the form.
      • 3.notifying the Professional Counseling Service via telephone and providing them with the name, star number, and unit of assignment of the involved member, and the date the member was instructed to contact the Professional Counseling Service for a mandatory appointment.
      • 4.ensuring the affected member calls the Professional Counseling Service within twenty-fours hours of the incident.
    • 12.prior to the end of his or her tour of duty, complete the review process for the submitted Tactical Response Reports following the procedures outlined in the Department directive entitled "Incidents Requiring the Completion of a Tactical Response Report."
    • 13.if necessary, prior to the end of his or her tour of duty, review the Major Incident Notification Report and ensure its completion.
  • D.Upon the arrival of COPA personnel, the Street Deputy/designated incident commander responsible for the investigation will, when safe to do so, ensure that COPA personnel have access to the scene and provide a narrative of the incident to the COPA personnel based on the information available at the time including, but not limited to:
    • 1.walking through the incident scene.
    • 2.providing information obtained from the public safety interview conducted with the involved member.
    • 3.disclosing any evidence and witnesses identified by Department personnel.
  • E.The Street Deputy/designated incident commander responsible for the investigation is reminded that:
    • 1.the criminal investigation of non-Department members associated with the firearms discharge incident involving a sworn member will be conducted concurrently with the COPA investigation. The Department investigation may take precedence over the COPA investigation.
    • 2.as soon as it becomes apparent, any conflict of opinion or procedure between Department members and COPA investigative personnel will be reported up the respective chains of command for resolution.
VII.Bureau of Detectives Responsibilities
  • A.In all firearm-discharge incidents other than the destruction of an animal where no one was injured, the Bureau of Detectives area commander and the Investigative Response Team (IRT) supervisor will consult with the assigned Street Deputy and determine the appropriate Bureau of Detectives response.
  • B.When assigned to the investigation of a firearms-discharge incident, the Investigative Response Team (IRT) supervisor will:
    • 1.personally respond to the scene of the investigation.
    • 2.under the direction of the appropriate Bureau of Detectives area commander, assume the responsibility for the criminal investigation of non-Department members.
    • 3.ensure the preservation of evidence.
      NOTE:
      The highest ranking member of the Bureau of Detectives on scene will be responsible for the collection and processing of evidence on the scene. The highest ranking member of the Bureau of Patrol on scene will be responsible for protection of the evidence and maintaining the crime scene until all evidence is collected.
    • 4.coordinate with responding COPA investigative personnel regarding the collection and processing of evidence and the interviewing of witnesses.
    • 5.ensure the identification of witnesses.
    • 6.ensure that interviews of witnesses related to the criminal investigation of the non-Department member(s) associated with the firearms discharge incident involving a sworn member are video-recorded, when possible, unless the witness declines to permit such recording or such recording is prohibited by law.
    • 7.ensure that all witnesses are advised that they have the opportunity to speak with investigative personnel from COPA.
    • 8.provide timely responses to requests for information from COPA investigative personnel during the preliminary investigation on scene and any additional follow-up investigations.
    • 9.make available to COPA investigative personnel, reports (when completed and approved), information, video and audio materials, and any other documents or material of evidentiary value related to the incident.
    • 10.ensure all reports are completed in a timely manner.
  • C.The assigned Bureau of Detectives personnel will complete a secondary case report, consistent with the classifications outlined in the Incident Reporting Guide (CPD-63.451), to document the Department's investigation of firearm discharge incidents involving sworn members other than the destruction of an animal where no one was injured.
    NOTE:
    The assigned Bureau of Detective personnel will ensure the secondary case report is associated with the Records Division (RD) number of the original incident case report.
VIII.Post-Firearm Discharge Firearm Processing Procedures
  • A.Unless there are overriding public or officer-safety concerns, no members of any rank other than Forensic Services Division personnel will handle, inspect, unload, or otherwise tamper with the involved member(s)’ firearm(s), or any other firearms involved in the firearms-discharge incident. The firearm will remain holstered and secured pending the arrival of the Street Deputy/designated incident commander responsible for the investigation and Forensic Services Division personnel
  • B.Forensic Services Division personnel will:
    • a.conduct any necessary firearm inspection(s) on-scene in the presence of the Street Deputy/designated incident commander, investigative response team (IRT) personnel, and COPA personnel, unless unavailable. If the Street Deputy/designated incident commander determines that safety concerns or weather conditions preclude the on-scene inspection, the involved member(s) will remain in the continual presence of a designated supervisor of higher rank than the involved member until the inspection is conducted by Forensic Services Division personnel in the affected Bureau of Detectives area in the presence of COPA personnel.
    • b.upon request of COPA personnel in consultation with the Street Deputy, examine the firearm(s) of Department members present at the time of the firearm-discharge incident to:
      • a.identify its make, model, serial number, caliber, type (revolver, semi-automatic pistol, rifle, shotgun, etc), and other identifiers,
      • b.determine the type of ammunition used, and
      • c.determine the number of rounds expended and/or remaining.
    • c.examine the surrounding area, including property and any involved vehicles, to identify the number and location of cartridge casings, bullets, bullet fragments, bullet entries and exits, or other property damage caused by bullets, bullet fragments, or other projectiles.
    • d.take complete and accurate measurements of the scene from which to develop a detailed plat.
    • e.take numerous detailed photographs of the scene from various angles and depths, procuring artificial light as necessary.
    • f.identify and photograph all visible bullet entries in surrounding vehicles and property and, if necessary and feasible, conduct trajectory analysis.
    • g.inventory all firearms known to have been discharged by a Department member and all firearms for which inspection is inconclusive as to whether the firearm was discharged in accordance with Department directive entitled "Firearms Taken into Custody or Turned In." These firearms will be inventoried in cases in which:
      • 1.an individual has been injured or killed.
      • 2.identifiable property damage has occurred.
      • 3.potential property damage may have occurred. In potential property damage cases, the designated incident commander responsible for the investigation may authorize the responsible member to retain his or her firearm for subsequent personal transport to the Forensics Services Division within ninety-six hours of the incident. The authorization will be noted in the "Comments" field of the eTrack inventory application.
    • h.if necessary and feasible, preserve the scene for possible trajectory analysis and:
      • a.avoid removing bullet fragments from surfaces in a manner that would prevent possible trajectory analysis.
      • b.determine whether processing involved vehicles can be effectively accomplished on scene. If involved vehicles are to be transported to a secure environment for later processing, Department personnel will be cognizant not to disturb content and configuration of the vehicle (e.g., disturbing the position of the seats).
    • i.consult with responding COPA personnel regarding the collection and processing of evidence related to the incident, including activities to take place at other locations, such as hospitals.
    • j.if the investigation indicates additional weapons were discharged, upon request of COPA personnel in consultation with the Street Deputy, conduct gun shot residue testing, implementing the use of the XCAT GSR-600 card, on:
      • a.any civilian involved in the incident whenever a weapon is recovered on scene or any witness to the incident believes the subject possessed a weapon.
      • b.any Department member present when the firearm-discharge incident occurred, if requested by COPA personnel.
    • k.upon request of COPA personnel in consultation with the Street Deputy, take detailed photographs of officers involved in or witness to the firearms discharge incident.
  • C.If the Department member was disarmed during the firearm-discharge incident or if the firearm contains biological or other trace-matter evidence, the firearm will be preserved as evidence and processed in compliance with the Department directive entitled "Crime Scene Protection and Processing."
IX.Post-Firearm Discharge Administrative Procedures
  • A.Any sworn Department member involved in a firearm-discharge incident, whether on or off duty, is required to submit to the mandatory alcohol and drug testing, in compliance with Item X of this directive and any applicable collective bargaining agreement.
  • B.Any member who has discharged a firearm in an incident, other than unintentional discharges or for the destruction of an animal where no one was injured will:
    • 1.contact the Professional Counseling Division via telephone within twenty-four hours of the incident to schedule a mandatory debriefing. Furthermore:
      • a.upon arrival at the mandatory Professional Counseling Division debriefing, members will present the original (white) Traumatic Incident Stress Management Program Notification form (CPD-62.480) to the Professional Counseling Division employee.
      • b.members who are hospitalized as a result of their involvement in a firearm discharge incident will be contacted by a counselor pursuant to the Department directive entitled "Traumatic Incident Stress Management Program."
    • 2.be placed on administrative duty status for a period of thirty days in their unit of assignment or detail as described in Item XI of this directive.
    • 3.attend the firearms training overview as described in Item XII of this directive.
X.Mandatory Alcohol and Drug Testing
The mandatory post-firearms-discharge alcohol and drug testing will be conducted following the below procedures:
  • A.The BIA call-out supervisor will:
    • 1.contact the Street Deputy/designated incident commander responsible for the investigation, as appropriate, and respond to the designated location to conduct the alcohol and drug testing.
    • 2.complete and submit a "Notice of Alcohol and Drug Testing Following a Firearms Discharge Incident" (CPD-44.252).
  • B.The BIA call-out supervisor will ensure:
    • 1.the involved member submits to the alcohol breath test and will conduct the test according to Department policy.
    • 2.the alcohol breath test result is provided to the Street Deputy/designated incident commander responsible for the investigation, as appropriate.
    • 3.the involved member submits to the drug test and a urine specimen is:
      • a.collected in a manner that will preserve the dignity of the involved member and ensure the integrity of the sample.
      • b.collected in the presence of a supervisor of the same sex as the involved member.
      • c.retained by the BIA call-out supervisor who will assume the responsibility for ensuring the urine specimen is properly secured in accordance with established bureau-level standard operating procedures, pending processing by a medical laboratory.
    • 4.the alcohol and drug testing occurs as soon as practicable after the firearms-discharge incident given the overall demands of the investigation.
      NOTE:
      The Street Deputy/designated incident commander responsible for the investigation will ensure testing is initiated as soon as practicable, but no later than six hours following the firearms-discharge incident.
    • 5.copies of any associated reports, including the testing and results documentation, are forwarded to COPA once the testing is completed.
  • C.If the involved member refuses to provide a breath test or urine specimen pursuant to this process, it is a violation of the Department Rules and Regulations (i.e., disobedience of an order or directive whether written or oral), and will result in administrative charges against the member, which may include discipline up to and including separation.
  • D.No discipline will occur based solely on the results of the alcohol test when the member's actions are consistent with the Department's Use of Force policy and the member discharged their weapon off duty.
XI.Administrative Duty Assignment
  • A.Department members who have discharged a firearm, other than an unintentional discharge or for the destruction of an animal where no one was injured, will be placed in a mandatory administrative duty assignment for a minimum period of thirty (30) days within the member's unit of assignment or detail.
  • B.The administrative duty assignment will begin the day after the firearm-discharge incident.
  • C.This assignment is not a punitive measure and not dependent upon the determination by any investigative body responsible for a review of the firearm discharge incident. No connotation as to the appropriateness of the member's actions will attach to a member's administrative assignment.
  • D.Department members will be returned to regular field duties only after the following requirements are completed:
    • 1.a minimum of thirty (30) calendar days of administrative duty assignment.
    • 2.participation in the Traumatic Incident Stress Management Program as delineated in the Department directive entitled "Traumatic Incident Stress Management Program,"
    • 3.the critical incident overview training course held by the Education and Training Division's Firearms Training Unit,
    • 4.any other training curriculum determined by the Education and Training Division, and
    • 5.the Department member is officially returned to field duties by the First Deputy Superintendent.
    NOTE:
    Any extension of the thirty day administrative duty assignment will be approved and provided in writing by the First Deputy Superintendent.
  • E.A Department member assigned to an administrative duty assignment will:
    • 1.provide administrative support functions for the member's unit of assignment or detail at the direction of the unit commanding officer.
    • 2.participate in the Traumatic Incident Stress Management Program and any other mandated Department training.
    • 3.submit a To-From-Subject report to the First Deputy Superintendent through their unit commanding officer identifying any approved furlough, other approved other elective time, and any pre-approved voluntary special work opportunities scheduled during the member's administrative duty assignment.
    • 4.not be denied the opportunity to:
      • a.work any approved voluntary special work opportunities and will work the scheduled opportunity in an administrative capacity as long as it is consistent with the assigned responsibilities.
      • b.request a voluntary special work opportunity for the upcoming months based on the activity requirement not attained due to the mandatory administrative duty assignment.
      • c.bid for recognized vacancies or apply to posted non-biddable sworn duty assignment opportunities.
  • F.The on-scene Street Deputy or assigned incident commander will ensure eligible Department members are placed on a thirty (30) day administrative duty assignment and will notify:
    • 1.the Office of the First Deputy Superintendent by Department email,
    • 2.the Department member's:
      • a.bureau chief,
      • b.unit commanding officer by Department email, and
      • c.unit of assignment or detail via the Document Management System.
  • G.Unit commanding officers will ensure:
    • 1.all supervisory members report any unusual changes in behavior shown by the involved Department member and report the unusual changes to the Traumatic Incident Stress Management Program and the Office of the First Deputy Superintendent.
    • 2.all additional assistance is provided to the involved Department member, including the use of the Professional Counseling Division/Employee Assistance Program (E.A.P.), as needed.
    • 3.that an immediate notification is made to the Office of the First Deputy Superintendent when the involved member not requiring hospitalization has failed to contact a counselor within 24 hours or failed to participate in the Traumatic Incident Stress Management Program within 72 hours.
    • 4.the administrative duty assignment procedures are followed for any medical time, furlough, or any other elective time off as well as any pre-approved voluntary special work opportunities scheduled during a member's administrative duty assignment.
    • 5.the involved member's administrative duty assignment is documented on the Automated Daily Attendance and Assignment (A&A) Record under the temporary change of watch or additional assignment explanation field indicating "post-firearm administrative assignment."
    • 6.steps are taken to protect Department members as delineated in the Department directive entitled "Protection of Department Members."
  • H.The Education and Training Division will develop an individualized training curriculum for Department members placed in a mandatory administrative duty assignment. This training will be in addition to the eight-hour critical incident overview training course held by the Education and Training Division's Firearms Training Unit.
    NOTE:
    The Education and Training Division will notify the Office of the First Deputy Superintendent if the Department member fails to complete any assigned individualized training.
  • I.The Office of the First Deputy Superintendent will:
    • 1.monitor the administrative duty status of Department members placed in a mandatory administrative duty assignment.
    • 2.ensure that the Department members are returned to normal field duties upon completion of the thirty (30) calendar day period and return to field duty requirements unless an extension is determined by the First Deputy Superintendent.
    • 3.ensure a Thirty Day Administrative Duty Assignment Checklist (CPD-12.124) is completed for each Department member placed in a mandatory administrative duty assignment.
    • 4.notify the Department member's unit commanding officer by Department email and the member's unit of assignment or detail via the Document Management System when a member is to be returned to field duties.
    NOTE:
    A supervisor from the Office of the First Deputy Superintendent will verify that the Department member has completed all return to field duty requirements including contacting the Professional Counseling Service to verify the member's compliance in accordance with the Department directive entitled "Traumatic Incident Stress Management Program." Supervisors are reminded that only verification of attendance will be provided.
XII.Post-Firearm Discharge Training
  • A.Department members who have discharged a firearm, other than an unintentional discharge or for the destruction of an animal where no one was injured, will attend a post-firearm discharge training scheduled by the Education and Training Division's Firearms Training Unit. Held monthly, the eight-hour training may include, but is not limited to, the following topics: the use of deadly force, alternative force options, tactics for patrol, and ethics.
  • B.Attendance at this training is mandatory and not dependent upon the determination by any investigative body responsible for a review of the firearm-discharge incident. No presumption as to the appropriateness of the member's actions will attach to a member attending the training.
  • C.The training is limited to Department members and their partners who were involved in a firearm-discharge incident or who were fired upon during an incident.
  • D.The Bureau of Internal Affairs will notify the Education and Training Division of the Department members mandated to attend the training.
  • E.The training will be considered a tour of duty. Participants will wear the field uniform of the day.
  • F.Notification Procedure
    • a.The Deputy Chief, Education and Training Division, will notify unit commanding officers of the existence of members under their command who are required to attend a scheduled post-firearm discharge training.
    • b.Upon receipt of the list of members who are required to attend a scheduled training, the unit commanding officer will determine which of the listed members are scheduled for a regular work day on the designated training date. Members will attend the training only when it is on their regularly scheduled work day.
      • 1.The unit commanding officer will supply these members with the name and telephone number of the contact person at the Education and Training Division.
      • 2.The unit commanding officer will inform these members they are required to attend the scheduled training and ensure these members are notified through the CLEAR automated court notification application.
      • 3.If scheduled for a post-firearm discharge training but unable to attend due to circumstances unknown at the time of the scheduling (e.g., medical roll, court date), the member will notify their unit commanding officer and the designated contact person at the Education and Training Division as soon as these circumstances become known.
      • 4.The unit commanding officer will inform the Education and Training Division of members who are on the medical roll or scheduled for a regular day off on the date of the training. Those members will be rescheduled for the next session of the training overview.
Kevin B. Navarro
Acting Superintendent of Police
15-213 RCL/MWK/KT/TPF