Or. Admin. Code § 259-090-0010

Current through Register Vol. 63, No. 12, December 1, 2024

Section 259-090-0010 - Qualifications for the Law Enforcement Medal of Honor and the Law Enforcement Medal of Ultimate Sacrifice

(1) The Governor's Commission on the Law Enforcement Medal of Honor is responsible for establishing the qualifications for nomination as a recipient of the Law Enforcement Medal of Honor or the Law Enforcement Medal of Ultimate Sacrifice, considering candidates for nomination, and nominating candidates.

(2) To be awarded the Law Enforcement Medal of Honor or the Law Enforcement Medal of Ultimate Sacrifice a candidate must be a law enforcement officer.

(a) "Law enforcement officer" means:

(A) A police officer;

(B) A reserve officer;

(C) A corrections officer;

(D) A parole and probation officer; or

(E) A state, county, municipal, federal, or tribal individual who is commissioned and responsible for enforcing criminal laws in the state of Oregon.

(b) The Commission uses the definitions found in ORS 181A.355 to determine if a candidate meets this definition of "law enforcement officer."

(3) Qualifications for Nomination for the Law Enforcement Medal of Honor.

(a) The candidate must have distinguished themselves by exceptionally honorable and meritorious conduct. "Exceptionally honorable and meritorious conduct" or "conduct" means an officer has distinguished themselves conspicuously by gallantry and fortitude at the risk of their life above and beyond the call of duty. It involves risk of life and is an act of bravery or self-sacrifice so conspicuous as to clearly distinguish the individual above their comrades.

(b) The conduct must have occurred while acting in an official capacity and performing a law enforcement function.

(c) The conduct must have occurred on or after January 1, 2006.

(4) Qualifications for Nomination for the Law Enforcement Medal of Ultimate Sacrifice.

(a) The candidate must have died while performing duties as a law enforcement officer or been killed because of employment as a law enforcement officer.

(b) The death must have occurred on or after January 1, 2011.

(5) Considering Candidates for Nomination.

(a) The Commission may consider a candidate based on submission of an application, the request of a Commission member, or a referral from the Department of Public Safety Standards and Training.

(b) The application, request, or referral for consideration must include an approval from the agency head of the candidate's employing agency.

(c) In making an eligibility determination, the Commission may consider any supporting documentation. Documentation may include but is not limited to police reports, media reports, pictures, testimonials, affidavits, or other written documentation found acceptable by the Commission.

(d) The Commission may request additional information as needed.

(6) Nomination by the Commission.

(a) The Commission will consider each candidate to determine if sufficient documentation exists to satisfy the qualifications for nomination as defined in this rule.

(b) The Commission may approve or deny the nomination of a candidate.

(c) Commission members are prohibited from voting on a candidate for nomination when the candidate is from their employing agency. When a member is required to abstain from voting under this rule, the abstention does not count against the vote requirement.

(d) Approval of a nomination for the Law Enforcement Medal of Honor requires a unanimous vote of the Commission members present.

(e) Approval of a nomination for the Law Enforcement Medal of Ultimate Sacrifice requires a majority vote of the Commission members present.

(f) Nomination for the Law Enforcement Medal of Honor or Law Enforcement Medal of Ultimate Sacrifice is a privilege and not a right. The decision of the Commission is final and non-appealable.

(7) Nominations are submitted to the Governor for approval. When approved, the Governor or the Governor's designee awards the medal.

(a) Award of the Law Enforcement Medal of Honor. The Medal of Honor may be awarded to the law enforcement officer, or posthumously to a representative of the deceased law enforcement officer, at an awards ceremony at an appropriate time determined by the Commission and approved by the Governor. The recipient of the Medal retains the option of a public or private ceremony.

(b) Award of the Law Enforcement Medal of Ultimate Sacrifice. The Medal of Ultimate Sacrifice may be awarded to the family of the deceased law enforcement officer at the time of services or memorials held in honor of the fallen officer or at an awards ceremony at an appropriate time determined by the Commission and approved by the Governor. Award of the Medal of Ultimate Sacrifice should be coordinated with the family or representative of the family. If the Medal is awarded at an awards ceremony, the recipient of the Medal retains the option of a public or private ceremony.

Or. Admin. Code § 259-090-0010

DPSST 2-2023, adopt filed 03/09/2023, effective 3/20/2023

Statutory/Other Authority: ORS 176.260, ORS 176.262 & ORS 176.267

Statutes/Other Implemented: ORS 176.260, ORS 176.262 & ORS 176.267