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Line of duty death

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Source file: 4.24 Line of duty death.pdf. Policy dates appear on the original cover. Page links use the PDF's page order.

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Police & Procedures                 No. 4.24
                                   Subject:
                   Line of Duty Death or Serious Bodily
                    lnjury
                                   Issuing Authority:                                       Effective Date:   Review Date:
                                                                                 7/17/2016       06/12/2023
                                                                                  References:

  Review     02/10/18
  Revision
  Reissued              04/14/2020
  Dates:

CALEA STANDARDS:  22.2.3 22.2.4

              CANTON POLICE DEPARTMENT
  I. PURPOSE

 The purpose of this policy is to provide direction for the Canton Police Department to provide
 appropriate emotional care for the seriously injured, ill or deceased employee's family.  If the
 incident is the line-of- duty death of a police officer, funeral arrangements are to be decided by
 the family of the officer with their wishes taking precedence over those of the agency.

 Although this policy is intended to address the line-of-duty death or serious injury of police
 officers, many provisions, including death notification and family assistance, are applicable to
 any agency employee, both sworn and civilian, regardless of whether or not the death is duty
 related. 22.2.4

 II.   POLICY

 It shall be the responsibility of the Canton Police Department to provide liaison assistance to the
 primary family of an officer who dies in the line-of-duty or who is hospitalized for an indefinite
 period of time or requires repeated and/or intermittent hospitalization because of a line-of-duty
 injury or systemic illness. This assistance shall include, but not limited to, the clarification and
 comprehensive study of survivor benefits and emotional support during this traumatic period for
 the surviving family.

 It is the responsibility of the subject officer's supervisor to notify the Chief of Police of the
 incident as soon as possible. Immediately upon notification of the incident, the Chief of Police
 shall appoint an officer in charge, to coordinate all departmental functions regarding the incident.

  III. DEFINITIONS:

    A. Line-of-Duty Death: Any action, felonious or accidental, which claims the life of a
       Canton Police Officer who is performing work related functions either while on or off
         duty.

    Canton Police Department’s Line of Duty Death or Serious Bodily Injury Policy          Page 1

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B. Line-of-duty Injury or Illness: For the purposes of this policy a line-of-duty injury or
        illness shall be an injury or systemic illness serious enough that it requires hospitalization
       or time away from the department and is ordered by a physician for an indefinite period.

   C. Survivors: Primary family members of the injured or deceased officer, including spouse,
        children, grandchildren, parents, grandparents, siblings, fiancé, and/or significant others.

   D. Beneficiary: Those designated by the officer as recipients of specific death benefits.

    E.  Benefits: Financial payments made to the family to assist with financial stability
       following the loss of a loved one.

    F.  Funeral Payments: Financial payments made to the surviving families of an officer killed
        in the line-of-duty which are specifically earmarked for funeral expenses.

IV. PROCEDURES

   A. Officer in Charge (OIC)

        1. In order to prevent duplication of efforts, maintain order, and ensure that the process
      works for the benefit of the officer or his or her family, the Deputy Chief of Police shall
       coordinate all departmental functions regarding the incident.

        2. The OIC shall make assignments of tasks and responsibilities to department personnel,
       including METROLEC's Peer Support Unit (PSU) and Honor Guard members. Those
       persons shall report the status of their tasks to the Deputy Chief. Department personnel
        shall not perform incident related tasks without the approval of the Deputy Chief or a
       Lieutenant.

        4. The Deputy Chief and the Lieutenants shall be thoroughly familiar with the concept
      and procedures of Peer Support Unit, the Honor Guard and other internal and/or external
       organizations involved in the process.

        5. Personnel assigned to tasks regarding this policy shall be placed on special
       assignment and not available for routine calls until relieved of duty.

        6. In the event the officer has multiple families and/or an adversarial relationship exists
      between the families, the Deputy Chief will make every effort to assign a separate liaison
        for each family.

   B. Death or Life-Threatening Injury Notification

        1. The name of the injured or deceased officer will be released by the by the Chief of
       Police only after notification of the primary family members is made.

   Canton Police Department’s Line of Duty Death or Serious Bodily Injury Policy         Page 2

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2. The notification plan will be formulated using the most recent confidential Line-of
Duty Death or Injury Information provided by the deceased or injured officer.

 3. If there is knowledge of a medical condition with a primary survivor, medical
personnel will be dispatched to the residence to coincide with the notification along with
the notifying personnel.

 4. Notification will always be made by two or more persons. The Chief of Police, his
representative, and/or pre-selected persons of the officer's choice will notify the family if
time to assemble these persons exists. Delays in developing the appropriate notification
team must be weighed against the importance of the timely notification of the primary
family.

          a.   If the above suggested persons are not readily accessible, notification shall be
         made by a supervisor on duty. The opportunity to get the family to the
            hospital prior to the demise of the officer is significantly more important than
        who delivers the notification.

         b.  If the family wishes to go to the hospital, they may be transported via
          Department vehicle. It is recommended that the family not drive themselves to
            the hospital.

         c.   If the primary survivors are not in close proximity to Canton, the OIC shall
            request personal notification from a public safety agency from the jurisdiction
          where the survivors are. The OIC is permitted to assist in making
            transportation arrangements to Canton but may not assume responsibility for
             travel expenses on behalf of the Police Department without the authorization
           of the Chief of Police.

5. As soon as a law enforcement family sees you, they will know something is wrong.

         a. Ask to be admitted to the house. Do not make a notification on the doorstep.

         b. Gather everyone in the home and ask them to sit down.

         c. Inform them slowly and clearly of the information you have regarding the
        incident.

         d. It is important to use the officer's name during the notification.

6. If the officer has already died, relay that information. Do not give the family a false
sense of hope.

7. Notifying personnel must be prepared for unexpected responses from survivors to
include hysteria and possible verbal, physical attack, anger, fainting or shock, etc.

8. Notifying personnel must be reassuring to the survivors. The most acceptable comment
to newly bereaved people is something such as "I'm so sorry this has happened" and "The
Canton Police Department family share your loss and pain and we will do everything we
can to help you through this".

 Canton Police Department’s Line of Duty Death or Serious Bodily Injury Policy      Page 3

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C.     Assisting the Family at the Hospital

        1. Arrangements regarding appropriate waiting facilities for the family and fellow police
        officers are outlined in the appendixes of the Line of Duty Death and Injury S.O.P.

        2. An Emergency Department Liaison (EDL.) will be appointed by the OIC to act as
       information liaison for medical personnel to the family of the officer and fellow police
        officers. It is recommended that the EDL be an agency individual who has a rapport with
      emergency department personnel and practices. 22.2.4

        3. The duties of the EDL include but are not limited to the following:

                 a. The EDL will ensure the family is updated as soon as they arrive at the hospital.
                b. The EDL will ensure that pertinent information on the officer's condition is
              relayed on a timely basis. He or she shall also make the family and fellow police
                officers aware of hospital policy about visitation with the injured officer and/or
                visitation with the body following the demise, and explain why involvement of
               the Medical Examiner's Office is necessary.
                 c. The EDL should prepare the family for what they might see and accompany
            them to the hospital emergency department.
                d. The EDL will be responsible for notifying the emergency admitting personnel
                that all medical bills relating to the care and treatment of the officer should be
             forwarded to the Canton Police Department.
                      1) This will require the EDL to have essential information regarding the
                         officer. The officer's residence address and next of kin information should
                   be omitted on the admitting form.
                      2) Do not ask a family member to sign as guarantor of payment for
                      treatment.
                      3) Do not request any insurance information.

        4. If the injuries to the officer are likely fatal and it is possible for the family to visit their
        officer prior to death, they should be afforded the opportunity. There is definite need to
      touch and hold the body while there is still life, and being present when death occurs can
      be comforting to the family.

        5. PSU members will be present the entire time the family is at the hospital and should
       arrange whatever assistance the family may need in cooperation with the EDL.

       6. The personnel who made the initial notification should be among those at the hospital.

        7. Any promises, such as, "We'll promote him/her posthumously." or "We'll retire his/her
      badge", shall not be made to the family by any person except the Chief of Police.

        8. PSU members will make arrangements for transportation of the family back to their
       residence or other desired reasonable destination.

   Canton Police Department’s Line of Duty Death or Serious Bodily Injury Policy          Page 4

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D.  Support for the Family during a Wake or Funeral 22.2.4
    1. The following services will be offered to and provided for the family unless they
    request otherwise.

    2. Unless the family requests otherwise, PSU members will act as the liaison for the
    family. Although the liaison should know the deceased officer and be aware of the family
    relationships, the liaison should not be so emotionally involved with the loss that he or
   she would become ineffective. The duties of the liaison shall include but not limited to
    the following: 22.2.4

             a.  Insure the needs of the family come before the wishes of the department.

            b. Meet with the family and relate the duties of the liaison or allow the family to
               designate the person, if appropriate, they wish to perform the tasks.

             c. Meet with the family regarding funeral arrangements.
                   1) Since many officers will not have prearranged their wishes for the
                 handling of their own funeral, the family will most likely need to decide
                       all aspects of the funeral.
                  2) The department should only make the family aware of what they can
                    offer in the way of assistance if the family decides to have a Line-Of-Duty
                   funeral.

            d. The liaison should become familiar with all information concerning the death
            and the continuing investigation in order to answer family questions.

             e. The liaison will be available to the family throughout this traumatic process.

                f. The liaison will ensure surviving parents or surrogate parents are afforded
             recognition and will have proper placement arranged for them during the
             funeral and funeral procession.

             g. If the funeral is a Line-Of-Duty funeral, the liaison will ensure the family is
             briefed on the funeral procedure including the 21-gun salute, presenting the
               flag, playing of taps, etc. The family has the option of excluding any portion
             of the funeral procedure.

    3. A command level officer or the public information officer will be designated to handle
   the media throughout this traumatic ordeal. In the event the family should decide to grant
   an interview, this officer would attend and offer to screen all questions presented to the
   family to guard against jeopardizing upcoming legal proceedings.

    4. In the event of a line-of-duty death, PSU members will ensure the home is prepared for
   the influx of visitors following the funeral. Food and babysitting will be provided by the
   Canton Police Department community.

    5. In the event of a line-of-duty death, PSU members will offer to remain at the home
   and screen telephone calls.

   Canton Police Department’s Line of Duty Death or Serious Bodily Injury Policy      Page 5

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6. In the event of a of line-of-duty death, the PSU, or other agency designee will provide
       a list of churches with seating capacities large enough to accommodate attendance at the
        funeral.

        7. In the event of a line-of-duty death, department vehicles and drivers will be made
        available to the family if they desire transportation to and from the funeral home.

        8. In the event of line-of-duty death, PSU members will be responsible for providing the
       family access to other public safety survivors or other support groups through but not
        limited to Concerns of Police Survivors.

        9. The Canton Police Department will send PSU members or other officers on routine
       residence checks by the officer's or survivors' home for as long as is reasonable following
        the incident. Officers conducting the residence checks will also inquire if any harassing
       telephone calls are being received. A PSU member or police officer will be assigned to
       remain at the residence continually during the time that survivors are attending the
        funeral and related functions.

E. Providing Information and Assistance Regarding Benefits to the Surviving Family in the
  Event of a Line-of-Duty Death. 22.2.3; 22.2.4

        1. A PSU Benefits Officer or other individual will gather information regarding all
       department, association, and Federal benefits available to the surviving family and ensure
        the department's full support pursuing these benefits. The benefits officer member is
       responsible for filing appropriate paperwork and following through with the surviving
       family to ensure benefits are being received.

        2. A benefits officer should visit with the surviving family to discuss the benefits within a
      few days following the funeral. A prepared printout of the benefit payments due the
        family, listing named beneficiaries, contacts at various benefit offices, and when they can
       expect to receive the benefit should be given to the family. This same explanation
       procedure should be repeated within a month following the funeral since the initial
       contact is clouded by the emotional numbness of the family during the first benefits
       meeting. A follow up will be made every six months until the surviving family receives
       every possible benefit.

        3. If there are surviving children from a former marriage, the guardian of those children
       should also receive a printout of benefits to which the child or children are entitled.

        4. A benefits officer should pay special attention to the problems with possible revocation
       of health benefits to the surviving family. The Town of Canton may require survivors to
       contact the Town of Canton Human Resource Department within thirty (30) days if they
      wish to continue coverage.

   Canton Police Department’s Line of Duty Death or Serious Bodily Injury Policy         Page 6

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F. Providing Departmental Support during Criminal Legal Proceedings 22.2.3; 22.2.4

         1. If criminal violations surround the death, the family will be informed of all
       developments prior to any press release.

         2. If there are no court proceedings surrounding the circumstances of the officer's death
        the department will relay that information to the surviving family as soon as it becomes
       known.
 G. Providing Extended and Follow-up Support 22.2.3; 22.2.4

         1. PSU personnel will encourage and assist the family with obtaining peer support
        and/or professional counseling services.

         2. It is of paramount importance to help the primary surviving families maintain a
        relationship with the agency if they desire. To that end, the following suggestions are
       made.
                  a. PSU personnel should schedule follow-up visits with the primary surviving
               family for at least two years following the line-of-duty death, to include monthly
             phone calls and greeting cards on special occasions and holidays.

                 b. PSU personnel will ensure primary family members are invited to all memorial
                services or other agency functions deemed appropriate.

                  c. PSU personnel will provide the primary family members with information from
               organizations such as Concerns of Police Survivors (COPS) and other recognized
                police survivor organizations.

 6. Line-of-Duty Deaths in other Massachusetts Agencies (new 12/02)

         1. When any member of the Canton Police Department becomes aware of a law
       enforcement line-of- duty death within the Commonwealth of Massachusetts, they should
       immediately notify the Office of the Chief of Police. If he/she is not available after normal
        business hours, including weekends or holidays, the highest ranking on-duty supervisor
       should be notified.

7. As soon as practical after notification of a law enforcement line-of-duty death, the Chief of
Police shall cause notification to be made to all agency personnel. The notification should
include an order to lower the department flags to half-staff and for personnel to wear mourning
ribbons.

8. Flags shall be lowered to half-staff and mourning ribbons worn until after the funeral of the
involved officer.

9. The Chief of Police may order observances as deemed appropriate on a case by case basis in
the event of unusual line-of-duty death circumstances occurring within the Commonwealth of
Massachusetts, or occurring outside of the state.

10. Mourning ribbons may be worn on badges and may be worn by non-uniformed personnel,
including civilians, in the form of a looped black ribbon.

   Canton Police Department’s Line of Duty Death or Serious Bodily Injury Policy          Page 7

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APPENDIX 1

                               Line of Duty Death or Injury

               BENEFITS AND ASSISTANCE SUMMARY INDEX

Town of Canton
Town of Canton Optional Life Insurance
Commonwealth of Massachusetts Public Employee Retirement Administration Commission
Home Rule Petition
 Social Security
Public Safety Officer's Benefit (PSOB)
Personal Life Insurance
Fraternal Order of Police
Veterans Administration Benefits
Education Benefits for Dependent Children
Concerns of Police Survivors (COPS)
National Law Enforcement Officers Memorial
Massachusetts Law Enforcement Officers Memorial
Other Social and Fraternal Organizations
Home Rule Petition
Where to find documentation necessary for application of benefits

The following are potential benefits and/or assistance that may be available to the surviving
family of a fallen Canton Police Officer. Some benefits may also be available to an injured
officer and his or her family. The specific amounts of cash payments are not listed because they
are subject to change. However, contact information is provided so the current payment may be
ascertained. 22.2.3

I. Town of Canton Life Insurance

The Town of Canton provides basic life and accidental death and dismemberment insurance for
every employee. The death benefits are payable to the beneficiaries named on the insurance
enrollment documentation. In addition, to the basic coverage some employees are enrolled in
optional coverage insurance.

Contact information: The Town of Canton Human Resource Director's Office will provide
specific and current benefits. They can be contacted at telephone 781-821-5000.

II. Town of Canton Optional Life Insurance

In addition, to the basic coverage some employees are enrolled in optional coverage insurance.

Contact information: The Town of Canton Human Resource Director's Office will provide
specific and current benefits. They can be contacted at telephone 781-821-5000.

   Canton Police Department’s Line of Duty Death or Serious Bodily Injury Policy          Page 8

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II. Commonwealth of Massachusetts Public Employee Retirement Administration Commission

The Commonwealth of Massachusetts Public Employee Retirement Administration Commission
will provide payments to the beneficiaries upon the death of a member or retired member of the
system. Additionally, the system may pay a disability benefit to a member who incurred a
permanent total disability or a permanent partial disability while performing the duties of a
police officer provided the officer has complied with the conditions as set forth in the statutes.

Five Middlesex Avenue, Suite 304 Somerville, MA 02145
Phone 617 666 4446, Fax 617 628 4002 www.mass.gov/perac

 III. Home Rule Petition

Another option is to file a Homerule petition to cover the officer for 100 percent of his base pay.
This option is reserved only for officers that are injured in the line of duty due to a violent armed
encounter and each situation will be handled on case by case basis.

IV. Social Security

The United States Social Security may provide benefits for members or their beneficiaries in
case of death or disability of the member.

Contact information: Social Security Administration, 1 Edgewater Dr. Suite102 Norwood, MA
02062 Phone 1-800-772-1213 www.socialsecurity.gov

V. Public Safety Officers' Benefits Program (PSOB)

Is a unique effort of the U.S. Department of Justice; local, state, tribal, and federal public safety
agencies; and national organizations, the Public Safety Officers' Benefits (PSOB) Programs
provide death and education benefits to survivors of fallen law enforcement officers, firefighters,
and other first responders, and disability benefits to officers catastrophically injured in the line of
duty.

Federal statute may provide the following benefits:

   • A one-time death benefit to the survivors of a public safety officer who is killed in the
        line of duty
   •  Payments to officers who are permanently or totally disabled d u e to an injury sustained
        in the line of duty
   •  Education benefits to dependents of public safety officers who are kill or disabled in the
        line of duty.

Forms will be completed by the Canton Police Department and forwarded to the U.S.
Department of Justice for processing and payment. Exclusions to this benefit would come if
there was misconduct on the part of the officer, intoxication, performing duty in a grossly
negligent manner, or if claimant was a substantial contributing factor to the death of the officer.

   Canton Police Department’s Line of Duty Death or Serious Bodily Injury Policy          Page 9

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If the documentation is submitted in order, payment of this benefit can be expected within 90
days.

Public Safety Officers' Benefits Program 1-888-744-6513 or Email: AskPSOB@usdoj.gov

Personal Life Insurance
Many officers may have their own additional independent Life Insurance Policies. During this
the time of stress families may not remember about this policy. The Canton Police Department
family liaison should point this out.

Fraternal Order of Police

Veterans Administration Benefits

Education Benefits for Dependent Children
Concerns of Police Survivors (COPS)
National Law Enforcement Officers Memorial
Massachusetts Law Enforcement Officers Memorial
Other Social and Fraternal Organizations
Horne Rule Petition
Where to find documentation necessary for application of benefits

   Canton Police Department’s Line of Duty Death or Serious Bodily Injury Policy        Page 10