0416.00, Critical Incidents
Refer:
• Human Resources Administrative Rule 6.01, General and Administrative Leaves of Absence
• DIR 0210.21, Leaves from Service
• DIR 0240.00, Employee Assistance Program
• DIR 0410.00, Injury, Illness, and Disability
• DIR 0415.00, Return to Work, Modified Assignments, and Accommodations
• DIR 1010.00, Use of Force
• DIR 1010.10, Deadly Force and In-Custody Death Reporting and Investigation Procedures
Definitions:
• Critical Incident: An atypical event, such as an officer involved shooting or in-custody death, that may cause physical, emotional, and/or psychological injury or harm to a Bureau member.
• Critical Incident Stress Debriefing: A meeting coordinated by the Employee Assistance Program (EAP) and facilitated by trained peer support members that occurs as soon as possible after a critical incident. The debrief is designed to lessen the impact of the critical incident, facilitate the recovery process, and identify any members who need additional assistance.
• Impacted Member: A Bureau member who may be impacted physically, emotionally, or psychologically due to:
o Being an Involved Member;
o Sustaining an injury related to deadly force;
o Having serious or deadly force used against them;
o Observing an in-custody death or the use of deadly force by another member;
o Observing any person sustain an injury related to deadly force used against them;
o Witnessing a suicide or attempted suicide.
• Involved Member: An involved member is a Bureau member who applies deadly force or directs another to use deadly physical force, or a member who has used physical force against, or a member who assumes control, care or custody of, a subject who dies in police custody.
• Wellness Leave: Bureau-designated paid administrative leave to provide physical, emotional or psychological support to impacted members immediately following a critical incident that temporarily and significantly interferes with that member’s ability to perform their normal job functions. For tracking purposes, “Wellness Leave” is “administrative leave” as described in Human Resources Administrative Rule 6.01(3), General and Administrative Leaves of Absence.
Policy:
1. This directive establishes the procedures for managing and providing resources to Bureau members who experience or witness critical incidents.
2. The Bureau recognizes that critical incidents are complex and can have a significant and enduring impact on Bureau members, the organization, the family and friends of those impacted, and the community as a whole.
3. The Bureau is committed to supporting impacted members after a critical incident. An impact communication group, including members from Employee Assistance Program (EAP), Detectives and collective bargaining units when applicable, the Chief’s Office, and the impacted member’s RU will work together to support member wellness and inform impacted members about their work status and options.
Procedure:
1. Post-Critical Incident Administrative Leave and Member Requirements.
1.1. Involved members.
1.1.1. Involved members shall be placed on administrative leave immediately following a deadly force or in-custody death event.
1.1.1.1. Involved members shall remain on administrative leave until 1 week after the end of the Grand Jury deliberations or the District Attorney’s (DA) issuance of a review letter, and the completion of the involved member’s investigatory interviews, unless the following criteria are met: After completing an initial meeting with a Mental Health provider, an involved member requests to return to work a Modified Assignment via the EAP Coordinator;
1.1.1.2. The member’s Branch Assistant Chief approves the Modified Assignment;
1.1.1.3. The Modified Assignment will be administrative in nature and will not involve exercising police authority or taking police action; and
1.1.1.4. The member must comply with any applicable Communication Restriction Orders (CRO).
1.1.2. Involved members shall attend at least 1 session with a licensed mental health provider before they return to work, including any Modified Assignment or training.
1.1.2.1. Involved members shall attend follow up sessions at 3-, 6-, and 12-months post-incident. These visits will be coordinated via EAP.
1.1.3. Involved members on administrative leave can attend training, to include maintaining specialty skills, to help continue their career development, subject to approval by the member’s Branch Assistant Chief.
1.2. Impacted members.
1.2.1. An impacted member may be placed on Wellness Leave by their Responsibility Unit (RU) Manager immediately following a critical incident for a maximum of three days. The Bureau may initiate the leave, or the impacted member may request the leave.
1.2.2. Impacted members who need time off following a critical incident can contact the EAP coordinator for assistance requesting any applicable leave.
1.2.3. If an impacted member is unable to return to work beyond the initial three days, they can file a claim under the Fire and Police Disability and Retirement System.
2. Modified Assignments.
2.1. Any impacted member can request a temporary modified assignment.
2.2. Requests should be made through channels and in writing to the member’s RU Manager.
2.3. The member’s RU Manager can approve a modified assignment at the member’s RU for up to 80 hours. Modified assignments that are projected to last for more than 80 hours require:
2.3.1. The impacted member schedules at least 1 session with a licensed mental health provider;
2.3.2. Notifying Personnel Division; and
2.3.3. Approval by the Assistant Chief of Services.
2.4. Modified assignments shall be limited to 90 days, unless the Bureau grants the member one additional 90-day period because there is reason to believe the member’s condition will be resolved during the second 90-day period.
3. Return to Full Assignment for Involved Members.
3.1. Involved members can return to full assignment when:
3.1.1. The Branch Assistant Chief ends their administrative leave;
3.1.2. Their CRO is lifted; and
3.1.3. Their Critical Incident Stress Debriefing has occurred.
3.2. The IA Captain shall review CROs after IA interviews are complete to determine whether the CRO is still necessary.
3.3. Before returning to their RU, involved members shall report to Training Division for at least 2 days for administrative and training needs, including but not limited to:
3.3.1. EAP Office verifying that mental health provider visits and critical stress debrief occurred;
3.3.2. An opportunity to return to the incident scene in a trauma-informed manner to gauge member reaction and adjust return procedures accordingly;
3.3.3. Receiving equipment as needed;
3.3.4. Refresher training as determined by the Training Division.
3.4. Upon return to their RU, involved members assigned to patrol shall be paired with another member in a non-dispatchable unit for at least 1 week. This procedure aims to offer the involved member peer support while at work, and the ability to step back into job demands in a progressive manner.
3.5. At the end of the first week, the involved member, the EAP Coordinator, and the member’s supervisor shall discuss the member’s transition to full assignment and identify any member concerns or needs.
4. EAP Coordinator Responsibilities.
4.1. The EAP Coordinator shall provide support and assistance to impacted members by:
4.1.1. Referring them to resources and assigning peer-support follow up;
4.1.2. Providing information on licensed mental health providers; and
4.1.3. Advocating for leave, modified assignments, and other resources or accommodations based on the member’s individual needs.
4.2. Following a critical incident, the EAP Coordinator shall:
4.2.1. Ensure that all impacted members are assigned a Traumatic Incident Committee or peer support team member as soon as practical; and
4.2.2. Facilitate and confirm all required licensed mental health provider sessions for involved members.
4.3. Schedule a Critical Incident Stress Debriefing as soon as possible after any applicable CRO is lifted. If no CRO is issued, the Critical Incident Stress Debriefing should occur as soon as possible after the incident.
• Effective: 11/30/2024
• Next Review: 11/30/2026