Use of Deadly Force Situations Clause Samples
The 'Use of Deadly Force Situations' clause defines the circumstances under which an individual or entity is permitted to employ force that could result in serious injury or death. Typically, this clause outlines specific scenarios, such as self-defense or defense of others, where deadly force may be justified, and may set forth requirements like an imminent threat or lack of reasonable alternatives. Its core practical function is to establish clear legal boundaries and protections regarding the use of deadly force, thereby reducing ambiguity and potential liability in high-risk situations.
Use of Deadly Force Situations. Employees involved in the use of deadly force shall be advised of their rights to and shall be allowed to consult with an Association representative or attorney prior to being required to give an oral or written statement about the use of force. Such right to consult with a representative or with counsel shall not unduly delay the giving of the statement.
Use of Deadly Force Situations. When an employee, whether on or off duty, uses deadly force which results in the injury or death of a person, or discharges a firearm in which no injury occurs, the employee shall not be required to make a written or recorded statement for twenty-four (24) hours after the incident except that immediately following the incident the employee shall verbally report to a superior a brief summary of the incident and any information necessary to secure evidence, identify witnesses, or apprehend suspects. The affected employee may waive the requirement to wait twenty-four (24) hours. The department and the Guild shall mutually agree on designated peer support counselors.
Use of Deadly Force Situations. When an employee, whether on or off duty, uses deadly force which results in the injury or death of another person, or discharges a firearm in which no injury occurs, the employee shall not be required to make a written or recorded statement for seventy-two (72) hours after the incident except that immediately following the incident and any information necessary to secure evidence, identify witnesses, or apprehend suspects. The affected employee may waive the requirement to wait seventy-two (72) hours. Officers involved in a deadly force situation or critical incident shall be placed on paid administrative leave for a minimum of three (3) days and will not be forced to use sick time or vacation time during the administrative paid leave. The Chief of Police may provide for additional days of paid administrative leave. The Officer will accrue all medical, insurance and other benefits provided in this Agreement during such administrative leave.
Use of Deadly Force Situations. 1. Employees directly involved in the use of deadly force shall be allowed, at their request, to consult with a union representative and/or an attorney prior to being required to give an oral or written statement about the use of deadly force. Such right to consult with a union representative and/or an attorney shall not unduly delay the giving of the statement. The parties agree to continue the past practice with respect to the timing of when an oral or written statement about the use of force is compelled. A Union representative (Union officer, usually the President or Vice President) and a Department representative (a member of the Administration, probably the CDO) will conference and mutually agree to a time when an oral or written statement will be given.
Use of Deadly Force Situations. An employee using deadly force while exercising authority as a Police Officer or Community Service Officer shall be allowed to consult with a Guild representative or attorney, upon request, prior to being required to give an oral or written statement about the use of deadly force. An employee using deadly force shall be afforded seventy-two (72) hours before giving a statement.
Use of Deadly Force Situations. Employees involved in the use of deadly force shall be advised of their rights to and shall be allowed to consult with an Association representative or attorney prior to being required to give an oral or written statement about the use of force. In such cases, the formal interview or walk through of the scene shall occur no sooner than seventy-two (72) hours following the incident, unless the waiting period is waived by the employee involved. In addition, the employee may be ordered to participate in a walk-through of the scene. Any statement made in the walk through, and evidence gained by reason of such statements will not be used in any subsequent criminal prosecution against the employee, which may result from the incident where deadly physical force may have been used. Such right to consult with a representative or with counsel shall not unduly delay the giving of the statement or the walk through.
Use of Deadly Force Situations. 1. Employees directly involved in the use of deadly force shall be allowed to consult with an association representative and an association attorney and/or a private attorney prior to being required to give an oral or written statement about the use of deadly force. Such right to consult with a union representative and/or an attorney shall not unduly delay the giving of the statement. An Association representative (usually the President or Vice President) and a Department representative (Bureau Commander or Chief) will conference and mutually agree to a time when an oral or written statement will be given.
Use of Deadly Force Situations. A. Employees directly involved in the use of deadly force shall be allowed, at their request, to consult with a union representative and/or an attorney prior to being required to give an oral or written statement about the use of deadly force. Such right to consult with a union representative and/or an attorney shall not unduly delay the giving of the statement. A Union representative (Union officer, usually the President or Vice President) and a Department representative (a member of the Administration, probably the CDO) will conference and mutually agree to a time when an oral or written statement will be given.
B. Psychologist Referrals
1. Employees directly involved in the use of deadly force shall be required to consult with the Department psychologist.
2. Employees directly involved in the use of deadly force against animals may be required by the department to consult with the Department psychologist.
3. The employee directly involved in the use of deadly force will be placed on administrative leave. Once released to return to duty, the employee is expected to report to work on their next regularly scheduled shift.
4. During the administrative leave the employee will schedule any follow up appointments with psychologists, doctors and/or any other assistance that they may require.
5. The administrative leave, set forth in number 3 above, is required only for the employee(s) actually applying the deadly force. Administrative leave for other employees who may be involved or witness the incident but did not apply deadly force will be evaluated on a case-by-case basis.
6. The employee may utilize appropriate leave, including workers’ compensation, sick leave, compensatory time or vacation, if they disagree with the psychologist's recommendation to return to duty.
7. The employee may request a second and/or third opinion pursuant to Section 1.24.800 of the Official Code of the City of Tacoma.