Seattle Police Manual

6.247 – Reviewing-Use-of-Force Incidents

Effective Date: 7/18/2012

6.247-POL

This section applies to all reportable Seattle Police use-of-force incidents, except those involving the discharge of a firearm.

1. All Reportable UOF Incidents will be Thoroughly Investigated and Reviewed

Use of Force Incidents will be investigated by a supervisor who was not involved in the UOF incident and did not order the force to be used.

Each UOF packet will be reviewed by the lieutenant, captain, and assistant chief of the officer’s chain of command, as well as the Assistant Chief of Patrol Operations or his/her designee.

If at any step of the review process it is determined that the investigation is not thorough or complete, the UOF packet will be returned for clarification or correction of deficiencies.

2. A Supervisor May Immediately Address Concerns that Arise During the UOF Investigation and Review

If a supervisor investigating or reviewing a UOF incident identifies any concerns regarding UOF practices, the supervisor may immediately take action to address the concerns.

The supervisor will document any supervisory actions taken to address the concerns on the UOF Command Review form. For example:

“I counseled Officer A about the proper use of the ‘Contact and Cover’ tactic.”

3. Investigating Supervisors Shall Notify the OPA of Intentional Misconduct

If at any time during investigation or review of a UOF incident, a supervisor discovers evidence of intentional misconduct, the supervisor shall immediately notify the Office of Professional Accountability.

The supervisor will note the OPA referral on the Command Review form.

4. The Reviewing Lieutenant Will be Responsible for Making Determinations Regarding the UOF

The lieutenant of the involved personnel will review the UOF packet and will address the following elements, documented on the Command Review form:

• Determination if the UOF investigation and documents are thorough and complete
  

• Determination of whether the force used was necessary and reasonable, and if it was consistent with Department policy
  

• Review of concerns identified and actions taken by the investigating supervisor
  

• Identification and action regarding any unaddressed concerns
  

For review of force used by personnel of lieutenant rank or above, the designated primary reviewer will be a supervisor of higher rank in the employee’s chain of command.

The reviewing lieutenant receives the completed UOF packet from the investigating supervisor and conducts the initial review.

5. Use of Force will be Evaluated with Regard to Department Policy and Existing Statutes and Laws

This determination will be based on the preponderance of evidence and recorded on the Command Review form. If the lieutenant is unable to make determinations regarding the use of force it will be documented on the Command Review form and the lieutenant shall check the “Force requires further review” box.

6. The Lieutenant’s Review Will be Completed and Forwarded Within 72 Hours

The UOF packet must be completed, signed, and forwarded to the precinct or section Captain within 72 business hours. If the packet is delayed beyond this time limit, the reason for the delay will be documented on the Command Review form.

7. The Precinct or Section Captain will Review the UOF Packet and the Findings of the Reviewing Lieutenant

The Captain’s review will include the following aspects, documented on the Command Review form:

• Determination of whether the investigation and documentation is thorough and complete
  

• Determination of whether the findings of the reviewing lieutenant are supported by a preponderance of evidence, to be recorded on the Command Review Form
  

• If the determinations regarding use of force cannot be made, the captain shall check the “Force requires further review” box
  

• Review of concerns which have been previously identified and addressed
  

• Identification of any additional concerns and the action taken to address them

8. The Captain’s Review Will be Completed and Forwarded Within 72 Hours

The Captain will complete and sign the Command Review form of the UOF packet and forward it to the Use of Force Review Board within 72 business hours of receiving the packet. If the packet is delayed beyond this time limit, the Captain will document the reason for the delay on the Command Review Form.

9. The Use of Force Review Board (UoFRB) Will Review All Reportable Use of Force Incidents Involving Seattle Police Personnel

The function of the UoFRB is to conduct an administrative review of all Department UOF incidents for the following purposes:

• To ensure that UOF investigation and review are thorough and complete
  

• To ensure that uniform standards are applied in UOF practices
  

• To monitor all aspects of the Department’s UOF practices with the goal of continual improvement.

10. The Education & Education & Training Section Will Facilitate the Meetings and Provide Logistical and Facility Support

11. The UoFRB will be Composed of the Following Members:

• The Captain of each Department Precinct, or designee appointed by the Patrol Bureau Chief
  

• The Captain of the Education & Education & Training Section, or designee appointed by the Field Support Bureau Chief
  

• The Captain of the Audit, Policy and Research Section or his/her designee
  

• Additional training personnel, appointed by the Captain of the Education & Training Unit
  

Each Command Element Represented on the UoFRB May Assign up to Two Additional Personnel to Assist in Deliberations.

• The Education & Training Command is not subject to limitation on the number of additional personnel assigned.
  

12. The Assistant Chief of the Operations Bureau or His/Her Designee Will Chair the UoFRB

Any designee will be a captain or above. The Chairperson’s responsibilities include moderating deliberations and keeping the discussion focused on appropriate issues.

13. The UoFRB Will Review All UOF Packets and Deliberate on UOF Practices

The following subjects will be addressed in the deliberations:

• The investigation and documentation of the incident
  

• If the findings of the originating chain of command regarding the use of force are supported by the preponderance of evidence
  

• All concerns addressed by the officer’s chain of command and action taken to address them
  

• Any additional concerns and appropriate actions, specifically including the following:
  

   

  Tactics employed in the UOF incident
  

  Training implications
  

  Policy implications
  

  Equipment implications
  

• An analysis of any trends or patterns that may be apparent in the following:
  

   

  Individual officers
  

  Classes of officers (specialty trained officers)
  

  Groups of officers (officers that work that same shifts or precincts)
  

  Individual supervisors, regarding investigation

14. The Chairperson Will Make and Record Determinations and Recommended Actions Regarding the UOF Packet

The Chairperson will be responsible for the following determinations, and will document them on the Command Review Form:

• The documentation and investigation are thorough and complete
  

• Whether the reviewing lieutenant’s findings regarding the use of force are supported by the preponderance of evidence
  

• Whether the actions to address any concerns are sufficient
  

• Whether additional action will be recommended to address concerns
  

15. The Chairperson Will be Responsible for Identifying Additional Concerns and Implications and Referring them to the Appropriate Command

Concerns regarding Department training or equipment will be addressed to the Captain of the Education & Education & Training Section

Concerns regarding Department Policy and Procedure will be addressed to the Captains of the Audit, Policy and Research Section

16. The Chairperson of the UoFRB Will Forward the UOF Packet to the Bureau Chief

17. The Bureau Chief Will Make Final Determinations on UOF Incidents

The Bureau Chief of the involved personnel will review the UOF packet and make the following determinations, to be recorded on the Command Review Form:

• Determination of whether the investigation and documentation is thorough and complete
  

• Determination of whether the findings of the reviewing lieutenant are supported by a preponderance of evidence
  

• Review of concerns which have been previously identified and addressed
  

• Identification of any additional concerns and the action taken to address them
  

6.247-PRO-1 Reviewing Use of Force Packets

Reviewing Lieutenant

1. Receives UOF packet from the investigating supervisor

2. Reviews UOF packet to ensure that it is thorough and complete

a. If the packet needs correction or clarification, returns the packet to the investigating supervisor

3. Determines if the use of force was necessary and reasonable and documents this on the Command Review form

4. Determines if the use of force was consistent with Department Policy and documents this on the Command Review form

5. Reviews any concerns identified by the investigating supervisor and supervisory action taken to address the concerns

a. If the actions are sufficient, documents this on the Command Review form

b. If necessary undertakes additional supervisory action to address concerns and documents them on the Command Review form

6. Identifies any additional concerns regarding the UOF practices of the incident and addresses them. Documents these supervisory actions on the Command Review form

7. Signs the Command Review form of the UOF packet and forwards the packet to the section or precinct Captain

a. If the UOF packet is not forwarded within 72 business hours of receipt, documents reasons for delay on the Command Review form.

Section/Precinct Captain

8. Receives the UOF packet from the reviewing lieutenant

9. Reviews UOF packet to ensure that it is thorough and complete

9a. If the packet needs additional clarification or correction, returns the packet to the reviewing lieutenant

10. Determines if the findings of the reviewing lieutenant are supported by the preponderance of evidence

Section/Precinct Captain

11. Reviews any previous concerns and supervisory actions

a. If the actions are sufficient, documents this on the Command Review form

b. If necessary undertakes additional supervisory action to address concerns and documents them on the Command Review form

12. Identifies any additional concerns regarding the UOF practices of the incident and addresses them. Documents supervisory actions on the Command Review form

13. Signs the Command Review form of the UOF packet and forwards the packet to the Chairperson of the UoFRB

a. If the UOF packet is not forwarded within 72 business hours of receipt, documents the reasons for delay on the Command Review form

UoFRB Chairperson

14. Receives the UOF packet from the section/precinct Captain

15. Ensures an electronic copy of the entire UOF packet is made available for review by the UoFRB members

16. Requests the Education & Education & Training Section to set up a time and place for the UoFRB meeting

Education & Education & Training Section

17. Arranges a time and place for the UoFRB meeting

18. Notifies UoFRB members of the time and place of meeting

UoFRB Members

19. Review the appropriate UOF packets before the UoFRB meeting

20. Convene UoFRB meeting

UoFRB Chairperson

21. Moderates UoFRB deliberations

UoFRB Members

22. Deliberate on the issues of each UOF packet

UoFRB Chairperson

23. Determines if the UOF packet is thorough and complete

23a. If the packet needs additional clarification or correction, returns the packet to the reviewing chain of command

24. Determines if the findings of the reviewing lieutenant are supported by the preponderance of evidence

25. Reviews any previous concerns and supervisory actions

a. If the actions are sufficient, documents this on the Command Review form

26. Identifies any additional concerns regarding the UOF practices of the incident

a. Refers any recommendations for supervisory action to the appropriate chain of command

b. Refers concerns regarding Department training to the Education & Education & Training Section

c. Refers concerns regarding Department policy or procedure to the Audit, Policy and Research Section

27. Signs the Command Review form and forwards the UOF packet to the bureau Chief of the involved employee

Bureau Chief

28. Receives the UOF packet from the UoFRB Chairperson

29. Reviews UOF packet to ensure that it is thorough and complete

a. If the packet needs additional clarification or correction, returns the packet to the reviewing precinct/section Captain

30. Determines if the findings of the reviewing lieutenant are supported by the preponderance of evidence

31. Reviews any previous concerns and supervisory actions

a. If the actions are sufficient, documents this on the Command Review form

b. If necessary, undertakes additional supervisory action to address concerns and documents them on the Command Review form

32. Identifies any additional concerns regarding the UOF practices of the incident and addresses them. Documents supervisory actions on the Command Review form

33. Signs the Command Review form and finalizes the UOF packet