OAR 259-080-0005: Oregon Fallen Law Enforcement Memorial

(1) The Oregon Fallen Law Enforcement Memorial was established to honor law enforcement officers killed in the line of duty. (2) The Board on Public Safety Standards and Training (Board) designates the following public safety personnel classifications as law enforcement officers who may be honored on the Oregon Fallen Law Enforcement Memorial: (a) Police officers, reserve officers, corrections officers, parole and probation officers, and regulatory specialists, as each term is defined in ORS 181A.355; and (b) Federal law enforcement officers assigned to or performing law enforcement duties in Oregon. (3) The Board may find a law enforcement officer eligible for recognition on the Oregon Fallen Law Enforcement Memorial when the potential honoree’s death is a direct and proximate result of: (a) An injury that the law enforcement officer sustained while performing, attempting to perform, or as a result of performing a line of duty activity as defined in section (4) of this rule; (b) An act committed against the law enforcement officer because of their position as a law enforcement officer; or (c) Any other circumstances that the Board determines are appropriate for inclusion. (4) The following definitions and interpretations apply to each potential honoree: (a) A “line of duty activity” is an activity or action that the law enforcement officer is authorized or obligated to perform by law, rule, regulation, or condition of employment or service and is directly related to the protection of life or property or the preservation of public order. (b) A law enforcement officer’s on or off duty status does not affect the interpretation of the definition of a line of duty activity. (c) A death that is a direct and proximate result of training for a line of duty activity may be considered sufficient cause for inclusion. (d) Inclusion on the National Law Enforcement Officers Memorial will be considered sufficient cause for inclusion on the Oregon Fallen Law Enforcement Memorial. (e) Deaths attributed to natural causes, deaths attributed to voluntary alcohol or controlled substance abuse, deaths caused by gross negligence or intentional misconduct, and deaths caused by the officer's intention to bring about their own death are not eligible for inclusion on the Oregon Fallen Law Enforcement Memorial. (5) Applications to have a law enforcement officer recognized on the Oregon Fallen Law Enforcement Memorial must be submitted by the potential honoree’s employer or a recognized public safety officer association. (6) The application must include supporting documentation. Documentation may include but is not limited to death certificates, police reports, coroner or medical examiner reports, newspaper articles, documents that evidence the payment of death benefits, sworn statements or affidavits submitted by persons having firsthand knowledge or pertinent facts and circumstances, historical records, or other written documentation found acceptable by the Board. (7) The Board will consider each complete application to determine if sufficient documentation exists to satisfy the criteria for inclusion as defined in this rule. The Board may at its discretion approve, deny, or remand an application for additional documentation. The Board’s decision will be determined by a majority vote. (8) Inclusion on the Oregon Fallen Law Enforcement Memorial is a privilege and not a right, and the decision of the Board is final and non-appealable. (9) The Board’s criteria for including a law enforcement officer’s name on the Oregon Fallen Law Enforcement Memorial are separate and distinct from the line of duty death criteria used by other entities or programs, including local and national law enforcement memorials and any benefits program. Acceptance for inclusion on the Oregon Fallen Law Enforcement Memorial in no way impacts decisions made by another entity or program. Conversely, the determination that a potential honoree is entitled to such benefits or privileges does not necessarily entitle the officer to inclusion on the Oregon Fallen Law Enforcement Memorial.