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- Line of Duty Deaths and Serious Injuries, G.O. No. 2.3.25 Page 1 ALBANY, NEW YORK POLICE DEPARTMENT 165 HENRY JOHNSON BOULEVARD ALBANY, NEW YORK 12210 LINE OF DUTY DEATHS OR SERIOUS INJURIES GENERAL ORDER NO: 2.3.25 Issue Date: July 24, 2019 Effective Date: September 13, 2015 Revision Date: September 13, 2015 CALEA: 22.1.4, 22.1.5 Volume 2: Logistics Chapter 3: Personnel Distribution: All Personnel NYSLEAP: 18.1 Issuing Authority: Chief Eric Hawkins Page: 1 of 7 PURPOSE: The purpose of this policy is to establish guidelines for compassionate and effective assistance to be rendered to the family and dependents of any sworn or non-sworn members seriously injured or killed in the line of duty while engaged in the performance of their duties. POLICY: It is the policy of the Albany Police Department to provide services to include notifying the family of the deceased or injured employee in a timely, personal manner, assisting the family at the hospital, supporting the family at the funeral and burial and providing the family with information relative to qualified death benefits. I. NOTIFICATIONS AND ASSISTANCE A. Procedures for Line of Duty Deaths/Serious Injuries: 1. The following procedures shall be adhered to in cases of line of duty deaths, and in cases where an employee is critically injured and there is a poor prognosis of survival. 2. These procedures should be followed whenever possible, with the understanding that the wishes of the family take precedence over the desires of the agency. 3. Sworn and/or non-sworn employees who provide services and assistance to family members and survivors shall take all possible measures to accommodate their needs, wishes, and desires. 4. The name of the deceased or injured employee shall not be released to the media or other parties, until the immediate family has been notified. 5. Communication of information concerning the employee and the incident shall, whenever possible, be restricted to telephone to avoid interception by the media or others. Should the media obtain the employee’s name prematurely, the ranking officer should request that the information be withheld until proper notification of survivors can be made. 6. The Chief of Police or his/her designee shall consult with the employee’s designated liaison representative, as elected on the employee’s completed Albany Police Department Liaison Form, APD Form # 449. The employee’s liaison shall inform the immediate family of the employee’s Eric Hawkins Chief of Police 1789 ---PAGE BREAK--- - Line of Duty Deaths and Serious Injuries, G.O. No. 2.3.25 Page 2 condition or death. If not immediately available, the senior ranking officer shall make the necessary notifications. a. Notifications shall be made to the employee’s designated emergency contacts listed on the employee’s completed Albany Police Department Emergency Contact Form, APD Form # 250; and b. The liaison relationship with the employee’s emergency contacts shall commence as soon as possible, with assurances given that the resources of the department will be available for assistance as needed. i. Supervisors shall have access to an employee’s liaison and emergency contact information via PowerDMS. 7. Notification of survivors in the immediate area shall be made in person and, whenever appropriate, with another person such as the Police Chaplain, minister, or rabbi, etc. a. Whenever the health of the person or persons being is a potential concern, emergency medical services personnel may be requested to stand by, if needed. 8. The designated liaison shall be responsible for identification of additional survivors outside the area and shall make any notifications, as desired by the immediate family. a. Such notifications shall be made by contacting the law enforcement agency in that jurisdiction, and requesting that an in person notification be made. 9. Unless there is no other reasonable alternative or if time is of the essence, telephone notifications should be avoided, if at all possible. 10. If the opportunity arises to get the family to the hospital prior to the employee’s death and prior to the employee’s designated liaison being available, the notifying ranking employee shall provide immediate transportation for the family to the hospital. 11. In cases of the employee’s death, notifications should be made to the survivors in as forthright and empathetic a manner as possible. 12. In the event of hospitalization, family needs transportation, child- care, etc.) shall be examined and accommodated, if possible. a. Injured employees shall receive assistance completing all necessary paperwork, as per current directives; b. If the employee is physically unable to complete the paperwork and make the necessary notifications, the employee’s immediate supervisor shall be responsible; and c. The department shall keep regular contact with the injured employee to determine current status and treatment. ---PAGE BREAK--- - Line of Duty Deaths and Serious Injuries, G.O. No. 2.3.25 Page 3 II. APPOINTMENT OF DEPARTMENTAL COORDINATION PERSONNEL A. Designation of Department Personnel: 1. Designated personnel shall begin serving in the following capacities, as defined below: a. Department Liaison - Designated on the Liaison Form; b. Funeral Liaison - Designated by the Honor Guard Supervisor; c. Benefits Coordinator - Designated by APSA or APOU; d. Family Support Advocate - Designated by EAP. i. These assignments shall be made to department personnel in writing; ii. The surviving family members shall be informed of who is assigned the designated roles and the services each role provides; and iii. The Chief of Police or his/her designee shall make the final approval of all the designated positions. All positions are voluntary and will be in writing and then forwarded to the Chief of Police. 2. The Chief of Police or his/her designee shall ensure that the Employee Assistance Program (EAP) is implemented to assist surviving family members and emphasize the family’s right to services. 3. The Chief of Police or his/her designee shall also ensure that other personnel (sworn and non-sworn) are provided the following: a. An opportunity to receive tangible peer support through times of personal or professional crisis; b. To participate in critical incident stress debriefings; and/or c. Assistance to address potential problems. 4. Employees may initiate contact with an EAP member, at any time; during or after an incident. B. Department Liaison: 1. The department liaison shall serve as a facilitator between the family and the department. This employee will work closely with the funeral liaison to ensure that the needs and requests of the family are fulfilled. This shall include, but not be limited to the following: a. Provide oversight of travel and lodging arrangements for out-of- town family members; b. Identify alternative churches and/or venues to accommodate a law enforcement funeral. The available options will be presented to the family, who will make the final determination; c. Assist in coordinating official law enforcement notifications and arrangements to include, honor guard, pallbearers, traffic control, and liaison with visiting law enforcement agencies; ---PAGE BREAK--- - Line of Duty Deaths and Serious Injuries, G.O. No. 2.3.25 Page 4 d. Assist family members in dealing with general media inquiries and informing them of what confidential information should not be released as to not jeopardize any future legal proceedings; and e. Ensure that security checks of the survivor’s residence are initiated immediately following the incident and for long as necessary thereafter. C. Funeral Liaison: 1. The funeral liaison shall act as the facilitator between the family and the department during the wake and/or funeral. The funeral liaison officer shall be responsible for the following: a. Meet with family members and explaining his/her responsibilities; b. Provide assistance to the family prior to and throughout the wake and/or funeral; c. Ensure that the needs and wishes of the family are met; d. Assist the family in working with the funeral director regarding funeral arrangements; e. Determine the need for travel arrangements for out-of-town family members and any other special needs of the family during the funeral and reporting this information to the department liaison; and f. Brief the family members on the procedures involved in the law enforcement funeral. D. Benefits Coordinator: 1. The benefits coordinator shall be responsible for the following: a. Assist in filing any workers’ compensation claims and related paperwork; b. Present information on all benefits available to the family; c. Assist in documenting inquiries and interest in public donations to the family and establishing a mechanism for receipt of such contributions, as appropriate; d. Assist in preparing any documentation of benefits and payments due to the survivors to include, the nature and amount of benefits to be received by each beneficiary, the schedule of payments, and the name of a contact person or facilitator at each benefit or payment office; e. Assist in filing of any benefit paperwork and maintaining contact with the family in order to ensure that benefits are being received. A copy of benefits documentation should be provided to all survivors affected and explained to each of them; and f. Advise the surviving family of the role of the police associations and organizations, and the nature of support programs that they sponsor for law enforcement survivors. E. Family Support Advocate: 1. The family support advocate serves in a long-term liaison and support ---PAGE BREAK--- - Line of Duty Deaths and Serious Injuries, G.O. No. 2.3.25 Page 5 capacity for the surviving family. The family support advocate shall be responsible for the following: a. Maintain contact with surviving family members in order to keep them informed of the criminal proceedings relating to the death of their family member; b. Accompany surviving family members to criminal proceedings, explaining the nature of the proceeding, and introduce them to prosecutors and other persons, as required; c. Identify support services available to family members and working on their behalf to secure any services necessary; d. Maintain routine contact with family members to provide communication and support, and maintaining an ongoing relationship between the department and the immediate family; and e. Relay the concerns and needs of the family to those individuals or organizations that may provide assistance, and encouraging others to visit and help as necessary. III. OFFICER’S BENEFITS A. Workers Compensation: 1. Benefits from this source are administered by the Worker’s Compensation Board; which has a district office in Syracuse, New York. Circumstances will dictate the degree of assistance needed in submitting the various forms, which include the following: a. Form C-2F: Employer’s Report of Work-Related Injury/Illness, which must be submitted within ten (10) days after an accident/injury occurs; b. Form C-240: Employer’s Statement of Wage Earnings; c. Form C-62: Supplemental Report of Employer in Death Case Form Claim for Compensation and Notice of Commencement of Third Party Action – to be served on the Chairman, Worker’s Compensation Board, the Employer and the Employer’s insurance carrier within thirty (30) days after action has been commenced; d. Form C-62: Claim for Compensation in Death Case. Necessary supporting documents include: i. Medical report from the doctor who treated the deceased; ii. Proof of relationship such as birth certificate, marriage certificate, adoption papers, etc; iii. Death certificate (it is recommended to make multiple copies, with seal, for future use); and iv. An itemized funeral bill. e. Form C-65: Proof of Burial and Funeral Expenses by Undertaker, to be executive, notarized, and returned for submission with Form C- 62. B. New York State Retirement System: ---PAGE BREAK--- - Line of Duty Deaths and Serious Injuries, G.O. No. 2.3.25 Page 6 1. Benefits from this source may be obtained through the Audit and Budget Control Division, who notifies the New York State Employees’ Retirement System by submitting a form entitled “Notification of Death”. This is accompanied by a certified copy of a New York State Department of Health “Certificate of Death”. 2. In an application for Accidental Death Benefit, the retirement system requires a statement covering the accident and any other accident sustained by the member for a period of one year prior to the member’s death, together with a schedule of lost time due to each and the reasons for each absence. If a report was filed with the Worker’s Compensation Board, the retirement system requires a copy of the report, plus a complete description of the member’s activities for the three day period prior to death. The retirement system also requests a copy of the autopsy report, the death certificate and any public safety laboratory report concerning blood alcohol content. C. Public Safety Officer’s Benefits Program: 1. The Public Safety Officer’s Benefits Program is administered by the Law Enforcement Assistance Administration, a federal agency located in Washington, DC; this program provides a cash benefit to the survivor of a police officer killed in the line of duty. The amount is presently fixed at $333,604.68. In order to apply for this benefit, two forms must be submitted: a. The Report of Public Safety Officer’s Death, signed by the Chief, must include the following documentation: i. A copy of the Investigation Report signed by the investigating officer/detective and notarized. If an investigation was not conducted, there must be a detailed statement of the circumstances, signed by the Chief of Police and notarized; ii. A copy of the autopsy report, signed by the pathologist who performed the autopsy and either notarized or with the Medical Examiner’s raised seal. If an autopsy was not performed, a notarized statement to that effect, signed by the Medical Examiner or the Chief of Police will suffice; iii. A copy of any toxicology report (blood/urine analysis) signed by the toxicologist of record, either notarized or bearing the Medical Examiner’s raised seal. If a toxicology analysis was not performed, a notarized statement to that effect, signed by the Medical Examiner or the Chief of Police will suffice; and iv. A copy of the death certificate, bearing the raised seal of the Medical Examiner or the Department of Health. b. The Claim for Death Benefits completed and signed by the claimant. If an authorized representative signs for the claimant, an affidavit by the claimant authorizing such action must be included. ---PAGE BREAK--- - Line of Duty Deaths and Serious Injuries, G.O. No. 2.3.25 Page 7 The following documentation is required: i. A copy of the decedent’s marriage certificate, bearing the raised seal of the issuing office, if applicable; and ii. A copy of the birth certificate for each surviving child, regardless of age, which identifies the child/children by name, both parents, and which bears the raised seal of the Department of Health. a) For a child over the age of eighteen (18), who is not a full-time student and who is capable of self support, a notarized statement acknowledging such status shall be provided by that person. 2. Administrators of this federal program have asked that the agency representative assisting the family in the preparation of a claim ensure that documentation is complete and properly certified, so that no delay in processing the claim will be incurred. They suggest that both the agency and family material be submitted in one package to following Public Safety Officers’ Benefits Program address: i. Public Safety Officers’ Benefits Office Bureau of Justice Assistance Office of Justice Programs 810 Seventh Street NW Fourth Floor Washington, DC 20531 3. Additional Public Safety Officers’ Benefits Program information consists of the following: i. Phone Number: 1-[PHONE REDACTED]; and ii. Website: www.psob.gov . IV. OFF DUTY DEATHS A. The department, upon the request of the family of an active or retired member who has died while in an off-duty capacity, shall render whatever assistance that can be provided, in accordance with Department Policies and Procedures.