ORS 181A.780
Planning authority
- development and approval of plan
- compliance
- notice upon challenge to plan
(1)
There is created in each county a deadly physical force planning authority consisting of the following members:(a)
The district attorney and sheriff of the county.(b)
A nonmanagement police officer selected by the district attorney and sheriff. If there are unions representing police officers within the county, the district attorney and sheriff shall select the police officer from among candidates nominated by any union representing police officers within the county.(c)
If at least one city within the county employs a police chief, a police chief selected by the police chiefs within the county.(d)
A representative of the public selected by the district attorney and sheriff. The person selected under this paragraph may not be employed by a law enforcement agency.(e)
A representative of the Oregon State Police selected by the Superintendent of State Police.(f)
An authorized tribal police officer as defined in ORS 181A.940 (Definitions for ORS 181A.940 to 181A.946) when requested by a tribal government.(2)
The district attorney and sheriff are cochairpersons of the planning authority.(3)
The law enforcement agency that employs the police officer selected under subsection (1)(b) of this section shall release the officer from other duties for at least 16 hours per year to enable the officer to serve on the planning authority. The agency shall compensate the officer at the officer’s regular hourly wage while the officer is engaged in planning authority activities.(4)
The planning authority shall develop a plan consisting of the following:(a)
An element dealing with education, outreach and training regarding the use of deadly physical force for police officers, attorneys employed by state or local government within the county and members of the community.(b)
An element dealing with the immediate aftermath of an incident in which a police officer used deadly physical force.(c)
An element dealing with the investigation of an incident in which a police officer used deadly physical force.(d)
An element dealing with the exercise of district attorney discretion to resolve issues of potential criminal responsibility resulting from a police officer’s use of deadly physical force.(e)
An element dealing with collecting information regarding a police officer’s use of deadly physical force, debriefing after an incident in which a police officer used deadly physical force and revising a plan developed under this subsection based on experience.(f)
An estimate of the fiscal impact on the law enforcement agencies to which the plan applies of each element described in paragraphs (a) to (e) of this subsection.(5)
The planning authority shall conduct at least one public hearing in the county before submitting a plan, or a revision of a plan, to the governing bodies in the county under subsection (7) of this section.(6)
The planning authority may consult with anyone the planning authority determines may be helpful in carrying out its responsibilities.(7)
The planning authority shall submit the plan developed under subsection (4) of this section, and revisions of the plan, to the governing body of each law enforcement agency within the county except for the Department of State Police and the Department of Justice.(8)
A governing body shall approve or disapprove the plan submitted to it under subsection (7) of this section within 60 days after receiving the plan. The governing body may not amend the plan.(9)
If the plan is not approved by at least two-thirds of the governing bodies to which the plan is submitted, the planning authority shall develop and submit a revised plan.(10)
If the plan is approved by at least two-thirds of the governing bodies to which the plan is submitted, the planning authority shall submit the approved plan to the Attorney General. No later than 30 days after receiving the plan, the Attorney General shall review the plan for compliance with the minimum requirements described in ORS 181A.785 (Components of plan). If the Attorney General determines that the plan complies with the minimum requirements, the Attorney General shall approve the plan. Upon approval of the plan:(a)
Each law enforcement agency within the county to which the plan applies is subject to the provisions of the plan; and(b)
Each law enforcement agency subject to the plan is entitled to grants as provided in ORS 181A.805 (Grants).(11)
If the plan is not approved by the Attorney General, the planning authority shall develop and submit a revised plan.(12)
Notwithstanding subsection (10)(a) of this section, a law enforcement agency is not subject to a provision of a plan approved under subsection (10) of this section that:(a)
Conflicts with a provision of a city or county charter or a general ordinance that applies to the law enforcement agency; or(b)
Imposes an obligation not required by ORS 181A.790 (Policy relating to use of deadly physical force) if complying with the provision would require the law enforcement agency to budget moneys, or submit a revenue measure for a vote of the people, in order to comply with the provision.(13)
The Attorney General shall periodically publish all approved plans.(14)
A law enforcement agency within a county has a duty to participate in good faith in the planning process of the planning authority for the county.(15)
A person bringing an action challenging the validity or enforceability of a plan approved under subsection (10) of this section shall serve the Attorney General with a copy of the complaint. If the Attorney General is not a party to the action, the Attorney General may intervene in the action. [Formerly 181.783]
Source:
Section 181A.780 — Planning authority; development and approval of plan; compliance; notice upon challenge to plan, https://www.oregonlegislature.gov/bills_laws/ors/ors181A.html.
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