Section 105.06, 105.08, 105.09

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105.06 Use of Force Review Board

The Chief of Police has established a Use of Force Review Board which will examine all incidents where

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serious injury or death results from any officer-involved use of force, all firearm discharges by activemembers of the Department, except those incidents described in OMS 105.04(3) d. & e, any in-custodydeath and any incident as directed by the Chief of Police. The Board is investigative in nature and isresponsible for making recommendations on administrative justification, Internal Affairs investigations,Department policy modifications, training, and commendations.

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105.06 Use of Force Review Board

The Board is empowered to classify acase as

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Unfounded, Exonerated, Not Sustained, or Sustained, and specify what disciplinary action, if any,should be taken.

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105.06 Use of Force Review Board

The Board review of any case where a person has been injured or killed will be scheduled afterthe completion of the criminal investigation and the Chief of Police has received a written decisionfrom the District Attorney stating whether or not criminal charges will be filed. The responsibilityfor notifying the Board that the case is ready for review rests with the

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Commanding Officer of theInternal Affairs Bureau or his designee.

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105.06 Use of Force Review Board

The Board is authorized to take all appropriate steps in its review of firearm discharge and use of forceincidents, including, but not limited to the following:

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a. The Board shall review all reports, photographs, video tapes, statements and other documentsrelating to the incident.

b. The Board is empowered to call any officer witnesses needed for further clarification.

c. The Board may invite any civilian witnesses needed for further clarification.

d. The Board may direct additional investigation to be conducted by those who completed theoriginal report of the incident under review.

e. The Board must give the involved officer the opportunity to testify before the Board prior to anadministrative case filing for violation of Department rules and regulations.

f. The involved officer is not required to attend the hearing. If the involved officer decides not toattend the hearing, the hearing shall be held in the officer's absence.

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105.06 Use of Force Review Board

If the Board has concluded that no Departmental Policy, Procedure, Rule or Regulation has beenviolated, the Chief of Police will be notified of this fact in writing. Copies of this notification will beprovided to

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the involved officer, his/her Commander and Division Chief. One (1) copy will beplaced in the involved officer's Internal Affairs Bureau file subject to purge at periods specified bythe Chief of Police.

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105.06 Use of Force Review Board

If the Board has concluded that any Departmental Policy, Procedure, Rule or Regulation appearsto have been violated, the Chief of Police will be notified of this fact in writing. The Board willdocument the areas which it considers to be deficient, and forward a copy if its findings to theCommander of the Internal Affairs Bureau. The Internal Affairs Bureau will be responsible for

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investigating the specific points the Board has found to be deficient. At the conclusion of theinvestigation, the case will be resubmitted to the Use of Force Review Board for an administrativefinding and penalty recommendation, if applicable. Sustained cases will then be processed inaccordance with the procedures in OMS 503.01. As in all other disciplinary matters, finalauthority and responsibility rests with the Chief of Police.

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105.06 Use of Force Review Board

If there is a question regarding tactics used in the incident, the Board may forward the case to the

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Tactics Review Board for an opinion as outlined in OMS 105.09(4) (d). Any recommendationsmade by the Tactics Review Board regarding commendations, additional training, or disciplinewill be left to the Use of Force Review Board for proper disposition.

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105.06 Use of Force Review Board

If the Board has completed its investigation and concluded that no Departmental Policy,Procedure, Rule or Regulation has been violated, but that there may be tactical issues thatwarrant review, the case will be forwarded to the

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Tactics Review Board. The Tactics ReviewBoard will investigate the incident according to the procedures outlined in OMS 105.09.

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105.06 Use of Force Review Board

The Board will make recommendations to the Chief of Police for any modification of

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DepartmentPolicy.

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105.06 Use of Force Review Board

Recommendation for commendations concerning any incident reviewed by the Board can only bemade by

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the Board and then only after the review has been completed. The CommendationsBoard can only consider recommendations made by the Board and no other source, including theinvolved officer's Commander.

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105.06 Use of Force Review Board

The facts of the case shall be presented to the Board by the

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IAB investigator assigned to thecase, or in the event of a death, by the Homicide Unit Supervisor.

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105.06 Use of Force Review Board

The involved officer(s) may have an observer present, who was not involved in the incident underreview, during the presentation of the case, including witness testimony but not during any

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Boarddeliberations. This observer shall not participate in any Board proceedings. In the event the caseresults in either an IRP or DRB where the subject officer elects to have an officer representative,the same observer shall be retained throughout, as outlined in either OMS 503.01(10)(f)(1)(d) or503.01(13)(h) and subject to the same exceptions.

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105.06 Use of Force Review Board

All records of the Board are to be considered confidential in nature and will not be disclosed to anyonewithout permission of the Chief of Police. This confidentiality shall extend to

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cover the Board members, officer's representative, officer'scommander, advisory witnesses, and any other persons attending as allowed by the Chief ofPolice. Records of the Use of Force Review Board will be retained by the Internal Affairs Bureau. BoardMembership and Responsibilities.

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105.06 Use of Force Review Board

The Commanding Officer of Internal Affairs Bureau is the non-voting Chair. Exception: in the caseof a tie, the Board Chair shall cast the deciding vote. The Board Chair will

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determine the date and time of the meeting in compliance withOMS 105.05(1) a. & b., and will notify the other Board Members. The Board will be called within a reasonable time after the final report of any use of forcemeeting the criteria outlined in OMS 105.05(1). The Board Chair is responsible for gathering any reports needed by the Board. He maydelegate this duty to an IAB staff member.

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105.06 Use of Force Review Board

The voting membership of the Use of Force Review Board will be composed of the followingpersons:

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1. The Division Chief of the Patrol Division.

2. The Division Chief of the Criminal Investigation Division.

3. The Division Chief of Special Operations Division.

4. The Division Chief of the Technology and Support Division.

5. Two community members trained and certified by the Department.

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105.06 Use of Force Review Board

The Board Chair shall select a member of the Department who has expertise in police tactics toserve as a

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non-voting advisory member of the Board.

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105.06 Use of Force Review Board

Board findings shall be by

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majority rule.

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105.06 Use of Force Review Board

The community member must have received additional training as designated by theChief of Police, which at a minimum shall include instruction in:

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a. The Denver Police Department Use of Force Policy. See OMS 105.

b. Colorado State Statutes pertaining to the use of force by police officers.

c. Hands-on training on all forms of the Department's less-lethal alternatives

d. Overview of the Crisis Intervention Team (CIT) program

e. Overview of firearms training and policy

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105.06 Use of Force Review Board

Community representatives will be rotated through the pool of qualified candidates andthe Commander of the Internal Affairs Bureau will make the assignments at the discretionof

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the Chief of Police

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105.06 Use of Force Review Board

The involved officer's Bureau or District Commander may be present for the hearing, butwill not be a

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voting member.

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105.06 Use of Force Review Board

Advisory witnesses may be called as determined by the Board Chair. These may includea

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City Attorney, the supervisor of the Firearms Training Section, the DepartmentLess-Lethal Advisor, or the Commander of the Training Bureau.

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105.06 Use of Force Review Board

Should any member of the Board recognize a conflict of interest on an individual case due to arelationship with the involved officer, the member will be excused and a temporary replacement will beappointed by the

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Chief of Police.

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105.08 Firearms Section

The Firearms Section Commander shall be in charge of the Firearms Section and all its facilities. Thisofficer will also be known as the

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Chief Firearms Officer.

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105.08 Firearms Section

These individuals shall be chosen from the ranks of 1st Grade Patrolman,Technician or Detective. This position will carry the rank of Technician, and will be assigned to theFirearms Section.

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Firearms Training Officers.

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105.08 Firearms Section

The minimum firearms qualification requirements are as follows:

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1. All police officers at the rank of sergeant and below are required to shoot once duringeach shoot quarter and achieve a passing score on the course of fire specified by theFirearms Section.

2. All command officers (lieutenants and above) are required to shoot biannually, in twoseparate quarters, and achieve a passing score on the course of fire specified by theFirearms Section.

3. Officers may shoot more frequently, but must be on duty, if not shooting for a requiredqualification. Overtime is not authorized for additional, non-required shoot time.

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105.08 Firearms Section

Any officer who, for any reason (including injury, illness, suspension, extended training, leave ofabsence, etc.), is absent from two or more shoot quarters, or one biannual shoot will attend

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remedial training if the officer fails to qualify upon their return

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105.08 Firearms Section

An unexcused failure to shoot for qualification as required and described in 105.08(5) shallconstitute a violation of this section with the following penalties:

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1. First violation will result in a fine of one (1) day.

2. Second violation within twelve (12) consecutive months will result in the fine of (3) daysand attendance at Remedial Training.

3. The Chief of Police or his designees may view an officer having three (3) unexcusedviolations within any five (5) consecutive years as a chronic offender. Discipline ofchronic offenders shall be imposed separate and apart from the provisions ofOMS 105.08 (5) b.1 or 2, and the penalty therefore may be imposed, based on theofficer's entire history of failing to shoot for qualification.

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105.08 Firearms Section

After each shoot quarter and annually reports will be generated by the Firearms Sectiondelineating the following:

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1. Officers who failed to attend.

2. Officers who failed to qualify.

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105.08 Firearms Section

Officers failing to qualify during any regularly scheduled shoot quarter or during abiannual shoot will be required to attend

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remedial training conducted by the FirearmsSection, until such time as they can qualify. Remedial training sessions will include firearms safety rules, positions, sight alignment,trigger control, and grip. The Chief of Police will be advised of officers failing to qualify with an approved handgunafter attending two (2) training sessions.

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105.08 Firearms Section

Prior to carrying any departmentally approved firearm, on or off duty, the officer must havepassed proficiency testing during the previous

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twelve (12) calendar months with that firearm.

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105.08 Firearms Section

The Chief Firearms Officer, with the approval of the Chief of Police, will establish proficiencytesting courses appropriate to each authorized firearm. The Chief Firearms Officer shall maintain

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written records describing the course of fire. Such record shall contain a description of the target,scoring system, times allowed for each stage of fire, distance from the target and other pertinentconditions such as lighting, starting positions, firing positions, etc.

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105.09 Denver Police Utility Weapon Program

The Denver Police Department authorizes the use of a .223 rifle and Remington 870 shotgun to becarried by certain officers in their normal duty assignment. The Firearm Purchase Authorization, DPD30, will

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list the approved utility firearms allowed in the program.

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105.09 Denver Police Utility Weapon Program

The utility weapon may be carried in the trunk of the police car. The rifle will be in

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a case with thechamber empty, bolt forward, magazine in the firearm, and the safety on. The shotgun will be in a casewith the chamber empty, bolt forward, magazine loaded and the safety on.

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105.09 Denver Police Utility Weapon Program

Officers shall be selected and certified based on the following criteria:

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a. Officers must have exhibited proficiency with a handgun, scoring ninety percent (90%) average orabove for the previous one year period.b

. Officers must have completed their probationary period.

c. Officers must be recommended and approved by their commander. Selection within the PatrolDivision will be monitored and approved by the deputy chief of operations, at the request of eachdistrict commander with consideration given to the equal distribution of departmentallyowned/issued firearms across details one, two, and three.

d. Officers must attend and pass a mandatory training course to be conducted by range personnel.

1. Urban Rifle – 40 hour operator’s class

2. Shotgun – 16 hour operator’s class for officers hired after January 1, 2010.e. Quarterly utility weapon and handgun proficiency shooting courses must be maintained at ninetypercent (90%) yearly average or above.

1. Officers who miss a quarterly qualification will notify his/her district/bureau commander, inwriting, as to the reason for the missed qualification. Upon the approval of thedistrict/bureau commander the officer will make-up the missed qualification during thenext calendar quarter. Officers will not carry or deploy the utility weapon until the missedqualification is rectified.

2. Officers who are on approved extended leave (i.e. military leave, light duty, suspension,leave of absence, or FMLA) and are unavailable for the required qualification will notcarry a utility weapon. Upon the officer’s return to full duty, he/she must qualify in the firstavailable quarter prior to carrying or deploying a utility weapon. Supervisors will ensurecompliance with this requirement.

3. Officers will be removed from the utility weapon program and approval to deploy suchweapon will be rescinded under the following conditions:

a. If an officer misses two (2) quarterly qualifications in a calendar year (January –December); or

b. If an officer misses two (2) consecutive quarters without the approval of his/hercommander through the chain of command; or

c. If an officer fails to qualify within the first available quarter after his/her returnfrom approved extended leave, as stated above in 2

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105.09 Denver Police Utility Weapon Program

The Firearms Training Bureau will track and record all utility weapons, quarterly qualifications forauthorized users/carriers. In addition, the Firearms Training Bureau will produce a quarterly qualificationsreport, no later than

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fourteen (14) days after the end of a quarter and forward the report to the and deputychief of operations.

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105.09 Denver Police Utility Weapon Program

Officers would only deploy the utility weapon only under the following circumstances:

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a. At the direction of their supervisor; or

b. When an officer can clearly articulate a need; in which the deployment of a handgun might not besufficient to neutralize the threat, or greater precautionary measures are deemed appropriate.

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105.09 Denver Police Utility Weapon Program

Officers deploying a utility weapon would function as a cover officer, with no other duties such as

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searching or handcuffing until the weapon is secured in the patrol car.

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105.09 Denver Police Utility Weapon Program When an officer is transferred, promoted, leaves the department, or is no longer certified to carry a utilityweapon, the department owned firearm assigned to that officer, along with the rifle sling, carrying case,extra magazine, magazine pouch, rifle cleaning kit, all ammunition, and any other issued rifle or shotgunequipment, shall be returned to the Firearms Section where it will be

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and stored until beingreassigned.