TRAUMATIC INCIDENT RESPONSE
PROGRAM MANUAL
North Carolina Sheriffs’ Association
Traumatic Incident Response Program
(919) SHERIFF (743-7433)
www.ncsheriffs.org
March 2014
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Traumatic Incident Response Program Manual
March 2014
Contents
1.
2.
3.
Introduction ......................................................................................................................................... 1
1.1.
Mission Statement ......................................................................................................................... 1
1.2.
Overview ....................................................................................................................................... 1
1.3.
List of Acronyms .......................................................................................................................... 1
1.4.
General Definitions ....................................................................................................................... 2
Preparing for a Traumatic Incident .................................................................................................. 4
2.1.
Purpose.......................................................................................................................................... 4
2.2.
Confidential Emergency Information ........................................................................................... 4
2.2.1.
Confidential Emergency Information Form (NCSA-TIR-001) ............................................ 4
2.2.2.
The Importance of a Last Will and Testament ...................................................................... 4
2.2.3.
Resources for Obtaining a Last Will and Testament ............................................................ 5
2.3.
Overview of the North Carolina Mutual Assistance System ........................................................ 6
2.4.
Critical Incident Stress Management (CISM) Resources ............................................................. 7
2.4.1.
The North Carolina Law Enforcement Assistance Program (NCLEAP) .............................. 8
2.4.2.
Current CISM Training Opportunities .................................................................................. 8
Line of Duty Deaths ............................................................................................................................ 9
3.1.
Purpose.......................................................................................................................................... 9
3.2.
Resources Provided by NCSA ...................................................................................................... 9
3.2.1.
Funeral Notice Policy............................................................................................................ 9
3.2.2.
Emergency Funds Policy ...................................................................................................... 9
3.2.3.
Traumatic Incident Response Coordinator On-Site Support............................................... 10
3.2.4.
Funeral Wreath Policy ........................................................................................................ 10
3.2.5.
Flag Protocol ....................................................................................................................... 11
3.2.6.
Remembrance Item Policy .................................................................................................. 11
3.3.
The First 24 Hours ...................................................................................................................... 11
3.4.
The Traumatic Incident Response Team..................................................................................... 13
3.5.
Level I Funeral Basics................................................................................................................. 15
3.5.1.
Frequently Asked Questions (FAQ).................................................................................... 16
3.5.2.
Mourning Band Policy ........................................................................................................ 17
3.6.
Level I Funeral Checklist ............................................................................................................ 17
3.7.
Overview of Death Benefits ........................................................................................................ 19
Traumatic Incident Response Program Manual
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4.
5.
3.8.
Post-Incident Follow-up .............................................................................................................. 20
3.9.
Memorial Services ...................................................................................................................... 22
Benefits Information ......................................................................................................................... 23
4.1.
Purpose........................................................................................................................................ 23
4.2.
Death Benefits ............................................................................................................................. 23
4.3.
Serious Injury Benefits................................................................................................................ 26
4.4.
Educational Assistance ............................................................................................................... 28
4.5.
Other Assistance ......................................................................................................................... 29
Officer’s Use of Deadly Force .......................................................................................................... 30
Appendix A—Confidential Emergency Information Form (NCSA-TIR-001) ........................................... 31
Appendix B—TIR Program Manual Essentials – Line of Duty Deaths ..................................................... 35
Traumatic Incident Response Program Manual
March 2014
1.
Introduction
1.1. Mission Statement
The mission of the North Carolina Sheriffs’ Association’s Traumatic Incident Response Program is to provide
assistance in traumatic incidents to the Office of Sheriff in North Carolina. Traumatic incidents are defined as
events that cause powerful emotional reactions in people who are exposed to those events, including:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
line of duty deaths;
incidents involving the use of force by the employee, against the employee, or against others;
suicide of a colleague;
serious work-related injury;
multi-casualty incidents;
events with a high degree of threat to the personnel;
significant events involving children;
events in which the victim is known to the personnel;
events with excessive media interest;
events that are prolonged and end with a negative outcome; and
any significantly powerful, overwhelmingly distressing event.
1.2. Overview
This manual is the first edition of the North Carolina Sheriffs’ Association (NCSA) Traumatic Incident
Response Program Manual, which has been developed by NCSA staff at the request of the NCSA Traumatic
Incident Response Committee to fulfill the above mission statement. The primary focus of this edition is line of
duty deaths and serious injuries.
This manual will be used as a continuing education and training tool for sheriffs’ offices statewide. However,
it is important to note that this manual is designed to serve only as a guide and resource for sheriffs’
offices. It is not all-inclusive and the sheriff may wish to deviate from the manual as deemed appropriate.
Additionally, as we encounter and respond to traumatic incidents in the future, we will undoubtedly learn from
these tragic experiences and will modify our program accordingly.
1.3. List of Acronyms
CISM
COBRA
DCI
FECA
HPOA
LGERS
LGFCU
NCSA
NSA
NRA
POA
PSOB
PSOEA
Critical Incident Stress Management
Consolidated Omnibus Budget Reconciliation Act
Division of Criminal Information
Federal Employees' Compensation Act
Healthcare Power of Attorney
North Carolina Local Governmental Employees’ Retirement System
Local Government Federal Credit Union
North Carolina Sheriffs’ Association
National Sheriffs’ Association
National Rifle Association
Durable Power of Attorney
Public Safety Officers’ Benefits Program
Public Safety Officers’ Educational Assistance
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SECU
TIR
TIRC
State Employees' Credit Union
Traumatic Incident Response
Traumatic Incident Response Coordinator
1.4. General Definitions
Bugler: An individual that plays Taps on a bugle, a brass wind instrument. The playing of Taps is one of the
final activities at the committal. Either an on-site bugler, if one is available or a recorded playing of Taps is
acceptable.
Burial (Interment) Flag: A cotton flag (5 x 9.5 feet) that is draped over the casket.
Casket watch: Casket watch consists of two officers, one at the head and the other at the foot, who stand watch
for a period of ten to fifteen minutes. The number will vary depending on the funeral level.
Caisson unit: A caisson is a horse-drawn military wagon that is used to transport a funeral casket. The North
Carolina Trooper’s Association works with sworn members of the North Carolina State Highway Patrol to bring
a caisson wagon and horses to funerals for line of duty deaths as requested.
Color guard: A five-member unit consisting of three flag bearers and two riflemen. The color guard will carry
the colors of the United States, the State of North Carolina, and the sheriff’s office flag.
Confidential Emergency Information Form (NCSA-TIR-001): The purpose of this form is to provide
assistance in the critical steps immediately following the death or serious injury of a sheriffs’ office employee,
such as applying for death benefits, preparing funeral arrangements, and fulfilling last wishes. See appendix A
for the complete form.
Honor guard: An undetermined number of honor guard members (may be multi-agency) who are responsible
for performing a variety of duties throughout the visitation and funeral. Number and composite is to be
determined by the sheriff.
Firing party: The firing party is an eight-member unit consisting of seven riflemen and one commander. It
should consist solely of members of the sheriff’s office but may vary by need.
Flag folding detail: A four-member unit charged with removing and folding the burial flag at the gravesite.
This unit may consist of a multi-agency honor guard.
Funeral service program: Printed program brochure of two to four pages depicting information about the
deceased employee, order of service, religious liturgy, eulogy, or poem. The program must be approved by the
family (and the minister, if applicable) prior to being printed and handed out to those attending the service.
Funeral procession: The funeral procession is the order of travel for all participants from the funeral ceremony
to the graveside service.
Garrison flag: Figure 1 on the following page shows an example of a garrison flag, a United States flag (20 x
40 feet or larger) hoisted across the processional route by two aerial fire trucks. The blue field should be
positioned northward. No traffic should be allowed to drive under the flag except for the funeral procession.
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Figure 1. Garrison Flag. This image of a garrison flag was taken at a law enforcement funeral in Pinehurst, North
Carolina.
Mutual Assistance Agreement: A mutual assistance agreement is a formal, written agreement which states
that two or more law enforcement agencies agree to lend, upon request, temporary assistance to one another in
the form of officers, equipment, or supplies. Before entering into a mutual assistance agreement, there must be
a written request for assistance.
NCSA Emergency Funds Policy: This policy establishes a protocol for NCSA to provide a prepaid debit card
in the amount of $1,000 in trust to the sheriff for the use and benefit of expenses related to the line of duty death
of any member of the sheriff’s office. The funds shall be expended as deemed appropriate by the sheriff. See
Section 3.2 for the exact language of this policy.
Post-incident follow-up procedure: Any related actions that take place after the funeral, such as: counseling
for the surviving family members and sheriff’s office staff; memorial services; or procedures for sheriffs’ staff
to remain in contact with surviving family members for weeks, months, and years after the funeral.
Resolution Adopting Policy for Mutual Assistance Agreements: N.C. Gen. Stat. § 160-288 requires that the
sheriff receive authorization from the governing body of the county before entering into mutual assistance
agreements with other law enforcement agencies. This is usually done in the form of a resolution.
Request for Assistance: A formal, written request for assistance from another law enforcement agency is
required by statute before a sheriff may provide another law enforcement agency with officers, equipment, or
supplies. A mutual assistance agreement must also be in place.
Traumatic Incident Response Coordinator (TIRC): The TIRC is an employee of the North Carolina
Sheriffs’ Association (NCSA) assigned and dispatched by the Executive Vice President of NCSA to assist a
sheriff as needed during a traumatic incident.
Traumatic Incident Response Team: This team is appointed by the sheriff or sheriff’s designee and has the
responsibility of managing and monitoring all pertinent events during the traumatic incident, including the
funeral, benefits process, and post-incident follow-up. This team may consist of four to seven members.
Section 3.4 provides an in-depth discussion of this team.
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2.
Preparing for a Traumatic Incident
2.1. Purpose
This section provides information on preparing sheriffs’ offices and their employees for a traumatic incident,
including:
•
•
•
•
•
collecting confidential emergency information from employees in order to speed up the notification and
response process;
the importance of a last will and testament for all employees;
resources for obtaining a last will and testament at an affordable price;
the NCSA policy on providing emergency funds to a sheriff after a line of duty death; and
a summary of the North Carolina mutual assistance system for law enforcement agencies.
2.2. Confidential Emergency Information
2.2.1. Confidential Emergency Information Form (NCSA-TIR-001)
The following instructions apply to the Confidential Emergency Information Form (NCSA-TIR-001), which is
shown in Appendix A of this manual:
Although completion of the Confidential Emergency Information Form (NCSA-TIR-001) is voluntary, it is
highly recommended that it be completed by each employee of a sheriff’s office at the time of initial
employment. As this form is voluntary, any information that the employee may not feel comfortable providing
in a particular section may be left blank. An employee’s refusal to complete the form should be so noted by his
or her signature. Information that will not fit in the space provided should be placed on a separate sheet and
attached to the form.
In order to make the funeral and benefits application process easier, employees are encouraged to attach the
following legal documents to the form:
(1)
(2)
(3)
(4)
(5)
Copy of the most current living will
Copy of the most current last will and testament
Copy of the birth certificates of employee, spouse, and children
Copy of the most current marriage certificates and/or divorce decrees
Copy of the most current health care power of attorney
It is recommended that the sheriff place the completed form and any attachments in a sealed envelope marked,
“To be opened only in the event of line of duty death or serious injury.” The sheriff or sheriff’s designee may
only open the sealed envelope in the event of the employee’s line of duty death or serious injury.
Envelopes containing the form should be kept in the employee’s personnel file. The envelope should be
marked with the date the form was last updated. All employees should be reminded at least once per
year to update the form.
Please note that the Confidential Emergency Information Form (NCSA-TIR-001) is not legally binding and will
not supersede any previous documents that have been executed by the employee, such as a will.
2.2.2.
The Importance of a Last Will and Testament
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Steven Hemphill of the Local Government Federal Credit Union (LGFCU), a Certified Financial Planner and
Master of Business Administration, wrote the following about the importance of having a Last Will and
Testament in his March 2007 article in the LGFCU monthly newsletter, Aim:
“The simplest way for you to have a say in where your assets go is to have a valid will. A will
could express something as important as who would have custody of your children or
something minor like who should receive a favored piece of jewelry. A will only controls assets
that are titled in your name, such as your checking account. It does not entirely control assets
that are titled in joint ownership nor does it control assets with beneficiary designations such as
life insurance policies. Despite this, why should everyone have a will? Because if you don’t,
when you die your assets will be distributed according to your state’s probate laws. Having no
will subjects you to having no control over who gets what.”
2.2.3. Resources for Obtaining a Last Will and Testament
The following list of resources may be helpful in finding legal services to obtain a Last Will and Testament.
Please note that this list is not all-inclusive and you should contact the administering agency for all additional
information.
a) North Carolina Bar Association Lawyer Referral Service (LRS)
North Carolina's Lawyer Referral Service (LRS) is a public service of the North Carolina Bar Association
Foundation. Lawyers who are signed up as members of LRS may provide answers to legal questions for a small
fee. The Lawyer Referral Service provides a referral to a lawyer in your county, and may be able to provide
information regarding other legal resources that may be available to you. The lawyers who accept referrals
through the referral service charge a fee of no more than $50 for the initial 30-minute consultation. Fees for
consultations longer than 30 minutes and fees for representation are set by each lawyer. Lawyers who accept
referrals through the referral service do not work for free.
For more information, visit
https://www.ncbar.org/public-pro-bono/lawyer-referral-service/for-the-public. You may contact the LRS Call
Center by telephone from 9:30 a.m. to 4:30 p.m. at (800) 662-7660 for in-state callers and at (919) 677-8574 for
out-of-state callers.
b) State Employees’ Credit Union Estate Planning Essentials Program
State Employees' Credit Union (SECU) offers the Estate Planning Essentials Program, which allows SECU
members to meet with participating attorneys and have estate planning documents prepared at a predetermined
price. Services included in the Estate Planning Essentials Program are priced at $250 for an individual and
$350 for a husband and wife with substantially similar estate plans whose documents are prepared at the same
time. A spouse who will not have substantially similar documents or will not have his or her documents
completed at the same time will be subject to the individual price of $250. The documents that may be included
in the program for each member are:




Will that may include trust provisions
Durable Power of Attorney (POA)
Healthcare Power of Attorney (HPOA) and Living Will
HIPAA Authorization
If you are interested in the Estate Planning Essentials Program and would like to discuss your specific situation,
please contact your local SECU branch and ask to speak to a Trust Representative.
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c) Wills for Heroes
Wills for Heroes programs provide essential legal documents free of charge to our nation’s first responders,
including wills, living wills, and powers of attorney. By helping first responders plan now, they ensure their
family's legal affairs are in order before a tragedy hits. The 501(c)(3) charitable non-profit Wills for Heroes
Foundation supports these wills programs, giving back to the community and "protecting those who protect us."
For more information, visit the webpage at: www.willsforheroes.org.
d) U.S. Legal Forms, Inc.
U.S. Legal Forms, Inc. is the leading publisher of state specific legal forms over the Internet. Its website,
http://uslegalforms.com/, allows individuals to complete a Last Will and Testament at an affordable price.
2.3. Overview of the North Carolina Mutual Assistance System
The primary authority for the Office of Sheriff to enter into mutual assistance agreements with other law
enforcement agencies is N.C. Gen. Stat. § 160A-288 entitled, “Cooperation between law enforcement
agencies.”
As shown in Figure 2 on the following page, three items must be in place in order for a sheriff to lend assistance
to another law enforcement agency during a traumatic incident.
(1) Resolution Adopting Policy for Mutual Assistance Agreements
The sheriff must receive authorization from the governing body of the county (the Board of County
Commissioners) in the form of a resolution. Once this resolution is obtained, the sheriff is authorized to enter
into an agreement to temporarily provide assistance to another law enforcement agency, if that assistance is
requested in writing. If time does not permit a written request, a verbal request will suffice but it should be
followed up in writing as soon as possible. The required resolution can be either specific or general. A specific
resolution authorizes the sheriff to enter into mutual assistance agreements only with certain named agencies. A
general resolution authorizes the sheriff to enter into mutual assistance agreements, but does not specify with
which agencies. NCSA recommends that resolutions be general.
(2) Mutual Assistance Agreement
In order to lend assistance to another sheriff, the sheriff must enter into a mutual assistance agreement with that
other sheriff. All mutual assistance agreements should be retained on file in the sheriff’s office. Any mutual
assistance rendered should be only temporary. However, a mutual assistance agreement is not required to have
an expiration date. For example, pretend that the Wake County Sheriff’s Office has a mutual assistance
agreement with the Johnston County Sheriff’s Office. If a traumatic incident occurs and a Wake County
Sheriff’s Office employee is killed in the line of duty, employees from the Johnston County Sheriff’s Office are
allowed to assist in Wake County as long as the assistance is temporary. The mutual assistance agreement does
not have an expiration date, so if another traumatic incident occurs in Wake County two years later, the
Johnston County Sheriff’s Office may still assist, but only temporarily.
(3) Request for Assistance
The final step to providing assistance during a traumatic incident is the request for assistance, which must be in
writing. North Carolina law does not restrict nor specify the mechanism for transmitting the written request.
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Therefore, in addition to a letter sent by U.S. mail, the request for assistance may also be sent by email, fax, or
through the Division of Criminal Information (DCI) network.
Figure 2. North Carolina Mutual Assistance System. This chart provides an illustration of the process which must take
place prior to a sheriff lending assistance to another law enforcement agency in North Carolina.
Resolution
Adopting a Policy
for Mutual
Assistance
Mutual Assistance
Agreement
Request for
Assistance
North Carolina Department of Justice Publication on Mutual Assistance Agreements
The North Carolina Department of Justice (DOJ) published a document in October 2008 regarding mutual
assistance (also called mutual aid) agreements. The DOJ document provides much more detail on the mutual
assistance system than is included in this manual. That publication can be found in the resources section of the
NCSA website at the following link: http://www.ncsheriffs.org/resources.htm. If DOJ publishes a more recent
version of this publication, the NCSA website will provide a link to this new publication.
2.4. Critical Incident Stress Management (CISM) Resources
The following basic information regarding Critical Incident Stress Management (CISM) is quoted from the
International Critical Incident Stress Foundation, a leader in CISM education and training1:
“What is CISM? CISM is a comprehensive, integrative, multicomponent crisis intervention system. CISM is
considered comprehensive because it consists of multiple crisis intervention components, which functionally
span the entire temporal spectrum of a crisis. CISM interventions range from the pre-crisis phase through the
acute crisis phase, and into the post-crisis phase. CISM is also considered comprehensive in that it consists of
interventions which may be applied to individuals, small functional groups, large groups, families,
organizations, and even communities. The seven core components of CISM are defined below:
a) Pre-crisis preparation. This includes stress management education, stress resistance, and crisis
mitigation training for both individuals and organizations.
b) Disaster or large-scale incident, as well as, school and community support programs including
demobilizations, informational briefings, "town meetings" and staff advisement
1
Source: “A Primer on Critical Incident Stress Management (CISM).” George S. Everly, Jr., Ph.D., C.T.S. and Jeffrey T.
Mitchell, Ph.D., C.T.S. The International Critical Incident Stress Foundation. 2010.
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c) Defusing. This is a 3-phase, structured small group discussion provided within hours of a crisis for
purposes of assessment, triaging, and acute symptom mitigation.
d) Critical Incident Stress Debriefing (CISD) refers to the "Mitchell model" (Mitchell and Everly, 1996) 7phase, structured group discussion, usually provided 1 to 10 days post crisis, and designed to mitigate
acute symptoms, assess the need for follow-up, and if possible provide a sense of post-crisis
psychological closure.
e) One-on-one crisis intervention/counseling or psychological support throughout the full range of the
crisis spectrum.
f) Family crisis intervention, as well as, organizational consultation.
g) Follow-up and referral mechanisms for assessment and treatment, if necessary.”
2.4.1. The North Carolina Law Enforcement Assistance Program (NCLEAP)
The North Carolina Law Enforcement Assistance Program (NCLEAP) is one CISM resource which is
available locally and has a specific interest in the needs of the law enforcement community. For
information on NCLEAP or to request assistance, call Danny Leonard, Executive Director, at (336) 3452089, or email A. Aaron Back, Associate Director, at [email protected]. You may also visit the webpage
at: www.nc-leap.org/.
2.4.2. Current CISM Training Opportunities
If you wish to have your staff certified to provide CISM resources as needed, contact the following agencies or
institutions in North Carolina:

North Carolina Law Enforcement Assistance Program (NCLEAP)
NCLEAP provides CISM training twice per year at Wake Technical Community College in Raleigh,
North Carolina.

Central Piedmont Community College
Central Piedmont Community College is located in Charlotte, North Carolina.

The Academy: National Institute for Crisis Response Training (NICRT)
The NICRT is located in Lincolnton, North Carolina.

Billy Graham Evangelistic Association Rapid Response Team
Billy Graham Evangelistic Association offers training for CISM chaplains in Asheville, North Carolina.
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3.
Line of Duty Deaths
3.1. Purpose
The purpose of this section is to provide information for sheriffs’ offices to use as a resource in the event of a
line of duty death of a sheriff’s office employee. Such information includes:
•
•
•
•
a list of resources that NCSA may provide in response to a line of duty death
a sample protocol for the sheriff to utilize in the first twenty-four hours following a line of duty death
a description of the traumatic incident response team to coordinate the first twenty-four hours, the
funeral, the benefits process, and the post-incident follow-up procedure
basic information about Level I law enforcement funerals
It is important to note that the sheriff may deviate from these guidelines as he or she deems appropriate. In
addition, the wishes of the family of the deceased should always be made the top priority.
3.2. Resources Provided by NCSA
This section outlines five policies approved by the NCSA Executive Committee to provide resources in
response to a line of duty death:
a)
b)
c)
d)
e)
Funeral Notice Policy
Emergency Funds Policy
Traumatic Incident Response Coordinator On-Site Support
Funeral Wreath Policy
Flag Protocol
It is important to note that none of these policies may be carried out until NCSA is notified of the line of duty
death. NCSA encourages all sheriffs of North Carolina to notify the NCSA of any line of duty death by calling
(919) 743-7433 as soon as possible after a line of duty death occurs.
3.2.1.
Funeral Notice Policy
NCSA prepares a funeral notice only in the case of the following deaths:
a) Active sheriff;
b) Sheriff’s family;
c) Retired sheriff or spouse; or
d) Sheriff’s office personnel killed in the line of duty.
The sheriff’s family is defined as a parent (father or mother), grandparent (a parent of one’s father or mother),
spouse (one’s husband or wife), sibling (a brother or sister), or child (a son or daughter).
3.2.2.
Emergency Funds Policy
Upon notification that an employee of a North Carolina sheriff’s office has been killed in the line of duty,
NCSA shall deliver in trust to that employee’s sheriff a prepaid debit card in the amount of $1,000 for the use
and benefit of expenses related to a line of duty death of any member of the sheriff’s office. Such funds shall be
expended as deemed appropriate by the sheriff. An attempt will be made to deliver the funds within forty-eight
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(48) hours of the sheriff’s office employee’s death. The term “killed in the line of duty” shall be defined by
N.C. Gen. Stat. § 143-166.2(c).
3.2.3.
Traumatic Incident Response Coordinator On-Site Support
If a sheriff’s office employee is killed in the line of duty and NCSA receives notification of the death, the
NCSA Traumatic Incident Response Coordinator (TIRC) will contact that employee’s sheriff to offer on-site
support. If the sheriff accepts, the TIRC will do the following as requested:
a)
b)
c)
d)
e)
3.2.4.
Serve as directed by the sheriff
Coordinate external and internal resources as needed
Serve as a liaison between the sheriff and the Team Leader
Serve as an advisor to the sheriff during the benefits process
Provide assistance throughout the post-incident procedure
Funeral Wreath Policy
NCSA will send a funeral wreath upon notification of the following funerals:
a) a sheriff;
b) a sheriff’s spouse;
c) a retired sheriff;
d) a retired sheriff’s spouse; or
e) any federal, state, or local law enforcement officer killed in the line of duty in North Carolina
as defined by N.C. Gen. Stat. § 143-166.2(c).
It is preferred that the wreath be in the shape of a star, as shown in Figure 4. It is preferred that the wreath be
positioned near the casket during the visitation and funeral service when possible.
Figure 4. NCSA Funeral Wreath.
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3.2.5.
Flag Protocol
NCSA recommends that the U.S. flag be used as the burial flag draped over the casket of a sheriff’s office
employee killed in the line of duty [as defined by N.C. Gen. Stat. § 143-166.2(c)]. If a sheriff’s office employee
killed in the line of duty is a veteran, he or she may be eligible to receive a U.S. burial flag from the U.S.
Department of Veterans Affairs Regional Office and most U.S. Post Offices. If the deceased is not a veteran, a
U.S. burial flag could possibly be secured free of charge by asking your local Congressman, a U.S. Post Office,
or the funeral director.
If a U.S. burial flag cannot be secured free of charge through other means, NCSA will provide a 5’ x 9.5’ cotton
U.S. flag for use as the burial flag draped over the casket at the funeral. The honor guard should fold the flag
and present it to the next of kin or other appropriate family member at the graveside ceremony. It is preferred
that the presenter of the U.S. flag make a statement to the recipient, such as, “On behalf of the [agency name]
and a grateful Nation, please accept this flag as a symbol of our appreciation of your loved one’s honorable and
faithful service.” If the next of kin has expressed a religious belief or preference, the presenter may add, “God
bless you and this family, and God bless the United States of America.”
Additionally, NCSA will provide a North Carolina flag for use at the funeral of a sheriff’s office employee
killed in the line of duty. If possible, the North Carolina flag will be flown over the State Capitol in honor of
the fallen sheriff’s office employee and folded. NCSA will obtain a certificate verifying that the flag was flown
over the State Capitol. NCSA will provide a display case for both the folded North Carolina flag and the
certificate, which will serve as a gift to the family of the fallen sheriff’s office employee. The display case with
the flag and certificate should be displayed at the visitation and funeral service and provided to the family after
the funeral.
3.2.6.
Remembrance Item Policy
Upon notification that any sheriff’s office employee or sheriff has been killed in the line of duty as defined by
N.C. Gen. Stat. § 143-166.2(c), NCSA will provide a remembrance item to the family of the deceased. It is
preferred that the remembrance item be engraved with the NCSA logo as well as a statement recognizing the
service of the fallen sheriff’s office employee and the employee’s name. It is preferred that the remembrance
item be uniform and standard for all sheriff’s office employees and that it be presented by the NCSA President
or the NCSA President’s designee to the next of kin or other appropriate family member. The presenter of the
remembrance item will make a statement to the recipient, such as “On behalf of the North Carolina Sheriffs’
Association, please accept this item as a symbol of our appreciation for your loved one’s dedicated service to
[agency name].”
A remembrance item will be presented to the family of a sheriff who dies while in office, regardless of the
cause of death, at the next meeting of the Association that is most convenient to the family. NCSA will pay for
hotel accommodations for the surviving spouse and children of the deceased at the meeting hotel up to two
rooms and up to two nights. If the family does not want to go to the meeting, then the NCSA will take the
remembrance item to the surviving spouse.
3.3. The First 24 Hours
This section provides written guidelines for the sheriff to utilize as needed during the first twenty-four hours
following a line of duty death.
In the event that a sheriff’s office employee is killed in the line of duty, the sheriff will immediately:
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(1) Ensure that the scene is secured and immediately contact an individual trained in Critical Incident
Stress Management (CISM)
Make sure that any sheriff’s office employees that were on-scene at the time of the line of duty death are
removed from the scene.
It would be helpful to immediately contact someone who has been trained in CISM. See Section 2.4 for more
information on CISM.
(2) Open and review the Confidential Emergency Information Form (NCSA-TIR-001) located in the
employee’s personnel file
The Confidential Emergency Information Form (NCSA-TIR-001) should be located in a sealed envelope in the
employee’s personnel file and marked “To be opened only in the event of line of duty death or serious injury.”
A copy of this form can be found in this manual in Appendix A.
Open the form and look in the Emergency Contact Information portion of the document to see if the employee
designated a person whom he or she preferred to inform the immediate family.
(3) Appoint the Family Liaison and notify the family
The Family Liaison is the person identified by the sheriff to serve the family at all times. Whenever possible,
this person should be the one to notify the family of the death in person along with a chaplain or trained
professional if available. The family should be comfortable with the person assigned. For a description of the
responsibilities of the Family Liaison, see Section 3.4.
(4) Post a deputy at the family’s home
Dispatch a deputy to the family’s home for security and media control.
(5) Notify the North Carolina Sheriffs’ Association (NCSA)
Please contact Eddie Caldwell, NCSA Executive Vice President and General Counsel, as soon as possible
following a line of duty death. He can be reached at (919) 459-1052 and after normal business hours at (919)
810-6333. You may also send an email to [email protected].
Upon being notified, NCSA will then do the following:
(1) Assist with a statewide notification to all sheriffs
An email will be sent with a brief description of the incident to notify all one hundred North Carolina sheriffs
and their key personnel. NCSA staff will work with the sheriff to compose this email.
(2) Assist with an initial media release
Once notified, NCSA staff will work with the sheriff to send an initial press release to the media if necessary or
requested.
(3) Verify any mutual assistance agreements with surrounding law enforcement agencies
See Section 2.3 for more information on mutual assistance agreements.
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(4) Dispatch a NCSA Traumatic Incident Response Coordinator (TIRC) with emergency funds
The TIRC is a NCSA staff member who will work with NCSA accounting staff to obtain a prepaid debit card of
$1,000 in emergency funds. The TIRC will travel to the sheriff’s office and provide the funds in trust to the
sheriff for the use and benefit of expenses related to the line of duty death of any member of the sheriff’s office.
The funds shall be expended as deemed appropriate by the sheriff. See Section 3.2 for more information.
(5) Coordinate the arrival of a TIRC to the sheriff’s office
The TIRC is a NCSA staff member that will be dispatched by the Executive Vice President to the affected
sheriff’s office. The TIRC will serve as directed by the sheriff to provide assistance as needed. See Section 3.2
for more information and a description of the TIRC’s responsibilities.
The sheriff will then do the following:
(1) Utilize NCSA emergency funds to assist the family as needed
All emergency funds will be administered as outlined in NCSA’s Emergency Funds Policy in Section 3.2.
(2) Appoint and assemble the Traumatic Incident Response Team
Section 3.4 provides an in-depth discussion of the Traumatic Incident Response Team.
3.4. The Traumatic Incident Response Team
As shown in Figure 5, the Traumatic Incident Response Team is appointed by the sheriff or sheriff’s designee to
perform certain actions in the event of a line of duty death of a sheriff’s office employee. The team generally
consists of seven individuals, but some roles may be combined due to limited resources. It is recommended that
the team consist of at least four individuals. The group may be comprised of individuals from within the
sheriff’s office as well as individuals from outside of the sheriff’s office. The sheriff appoints and assembles
this team and all members of the team report to the sheriff for instruction. If you need assistance forming a
team, contact the TIRC, who may be able to coordinate external resources to fill needed roles.
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Figure 5. Traumatic Incident Response Program Chart. This chart provides an illustration of the hierarchy of the
Traumatic Incident Response Team.
Sheriff
Sheriff's Office Team Leader
Family
Liaison
Traffic
Coordinator
Honors
Coordinator
Community
Resource
Coordinator
NCSA Traumatic Incident
Response Coordinator
Media
Coordinator
Security
Leader
NCSA Traumatic Incident Response Coordinator (TIRC)
a) Serve as directed by the sheriff
b) Coordinate external and internal resources as needed
c) Serve as a liaison between the sheriff and the Team Leader
d) Serve as an advisor to the sheriff during the benefits process
e) Provide assistance throughout the post-incident procedure
Sheriff’s Office Team Leader
a) Assemble the Traumatic Incident Response Team as directed by the sheriff
b) Meet with the Funeral Director to assist in logistics of visitation and funeral
c) Conduct daily meetings with the team to review duties and activities
d) Provide progress reports to the sheriff
e) Schedule a debriefing meeting with the family, sheriff’s office staff, and Traumatic Incident Response
Team within five days following the incident (led by an individual trained in Critical Incident Stress
Management)
Family Liaison
a) Coordinate the logistics of the family immediately following the tragedy through the funeral and the
post-incident procedure
b) Serve as the liaison between the family and the sheriff
c) Assist the TIRC during the benefits process
d) Prepare a detailed statement of circumstances from the initiation of the incident to the pronouncement
of the officer’s death which is needed for the Public Safety Officers’ Benefits Program death benefit
e) Remain assigned to the family indefinitely, at the discretion of the sheriff, to coordinate on-going
participation in memorials
Traffic Coordinator
a) Survey the locations chosen by the family for the family visitation, funeral services, and post-funeral
gatherings and to decide the traffic direction required for people attending, parking space availability,
and escort routes for the family and for the procession from the service to the cemetery
b) Work with state and local officials to establish the funeral procession route
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c) Coordinate the order of the funeral procession, which will typically advance as follows:
i.
County/City motorcycles, if applicable (two motorcycles side by side)
ii.
Other jurisdiction motorcycles (two motorcycles side by side)
iii.
Honor Guard Commander
iv.
Minister
v.
Hearse
vi.
Limousine/ family vehicles
vii.
Sheriff’s Office vehicles
viii.
Other jurisdiction law enforcement vehicles
ix.
Privately owned vehicles
d) Obtain the garrison flag and coordinate two fire trucks to display the flag
e) Ensure all emergency lights on vehicles are activated during the escort and procession
Honors Coordinator
a) Confer with the Team Leader and Funeral Director to finalize the details of the visitation, funeral, and
burial
b) Assemble the honor guard and color guard
c) Coordinate all appropriate honors, such as the burial flag presentation, bugler, firing party, and then
“10-42” last call
d) Review flag protocol with Family Liaison to ensure that family’s wishes are being followed
e) Obtain a cotton 5’ x 9.5’ U.S. flag to drape over the casket as the burial flag
Community Resource Coordinator
a) Coordinate community resources, especially volunteers
b) Serve as a liaison between the sheriff and community leaders
c) Assist in managing any necessary or provided resources throughout the three to five days after the
tragedy including food, flowers, and other miscellaneous needs of the family and the sheriff’s office
Media Coordinator
a) Work with the sheriff, the TIRC, and others to notify all one hundred sheriffs and other law
enforcement agencies of the tragedy and to prepare press releases
b) Work with the Team Leader to provide the family with assistance in dealing with the media
c) Assist media at all events immediately after the tragedy
Security Leader
b) Develop and oversee a security plan for all events immediately following the tragedy
c) Work with the Family Liaison to ensure the security of the family
d) If the offender is still at large, work with federal, state, and local officials to provide status updates to
the sheriff and Team Leader (and the family if requested)
3.5. Level I Funeral Basics
It is recommended that the sheriff’s office provide full ceremonial honors (Level I) at a funeral resulting from a
line of duty death. These honors include:





Funeral service program (as defined in Section 1.4)
Honor guard
Casket watch
Burial flag
Garrison flag display
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


Funeral procession
Caisson unit, if available
Graveside service consisting of flag folding presentation ceremony, honor guard, firing party, bugler
playing Taps, and a “10-42” last call as decided by the family
The family of the deceased sheriff’s office employee is the final arbiter of what ceremonial activities will be
included in the funeral. The sheriff or sheriff’s designee should assist the family by providing information and
assistance, to the extent preferred by the family. In the event that the affected sheriff’s office does not have all
the specialized resources available to carry out full ceremonial honors, the TIRC will assist in securing the
resources when possible.
Family members should be advised that a funeral with full honors will take considerable time to properly
conduct. It may consist of a religious ceremony in accordance with the family’s wishes, followed by a
graveside ceremony. The graveside ceremony may require an extended wait for the family, dignitaries, and
attendees to be in place before it can begin. It may involve the movement of thousands of people and hundreds
of vehicles from the service to the gravesite.
Please note that the Team Leader will need to make sure that everything is in place and that the movement from
the service to the gravesite is properly planned. The use of community volunteers and resources like water and
portable restrooms may be necessary due to the large amount of people that may attend and the length of the
funeral.
3.5.1.
Frequently Asked Questions (FAQ)
Is there only one burial flag?
Yes. It is recommended that the U.S. flag serve as the burial flag draped over the casket of a sheriff’s office
employee killed in the line of duty. The burial flag is folded at the graveside ceremony by the honor guard and
presented to the family. This flag is usually a 5’ x 9.5’ cotton flag.
Can veterans receive a U.S. burial flag free of charge?
Yes. If the deceased is a veteran, he or she may be eligible to receive a U.S. burial flag from the U.S.
Department of Veterans Affairs Regional Office and most U.S. Post Offices. These flags are usually issued to
the mortuary or funeral home for use in the veteran's burial services. After the services, the flag is presented to
the family. If the deceased is not a veteran, a U.S. burial flag could possibly be secured free of charge by asking
your local Congressman, a U.S. Post Office, or the funeral director. If a U.S. burial flag cannot be secured free
of charge through other means, NCSA will provide one (see Section 3.2).
Does a sheriff’s office employee have to be a veteran to use a U.S. burial flag?
No. The U.S. Flag Code does not prohibit the civilian use of U.S. burial flags. The U.S. Flag Code provides
instructions on the civilian use of the U.S. flag: "When the flag is used to cover a casket, it should be so placed
that the union is at the head and over the left shoulder. The flag should not be lowered into the grave or allowed
to touch the ground."2
When should the U.S. flag be flown at half-staff?
The U.S. government’s official web portal, USA.gov, states the following regarding flying the U.S. flag at halfstaff: “The President of the United States can direct how the entire executive branch of the government flies the
flag, including traditions or customs for flying the flag at half-staff. While you can follow how the executive
2
Source: 4 U.S.C. § 7
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branch flies the flag, it is not a requirement. For instance, a local community, a company, a school district, or a
federal agency can decide to have all of their flags at half-staff because of the death of an employee, a student, a
mayor, or a local police officer.”3 Based on this information, a sheriff may order all flags at their office to be
flown at half-staff after a line of duty death or another period of mourning.
3.5.2.
Mourning Band Policy
A mourning band is a solid black band that fits tightly around a law enforcement officer’s badge and is a
traditional way for officers to honor fallen comrades. It is important that law enforcement officers follow the
following recommended guidelines when wearing a mourning band because inappropriate usage could devalue
its meaning.
For star badges, a mourning band is commonly worn diagonally across the center of the badge, similar to a
clock with hands at 1100 and 1700 hours. For all other badges, a mourning band is commonly worn horizontally
across the center of the badge. It is recommended that a mourning band not be worn over a badge number.
It is recommended that a mourning band be worn in the following situations:
I.
Line of duty death
It is recommended that all sworn officers of a sheriff’s office that experiences the line of duty death of a
fellow employee should display a mourning band for thirty days after the employee’s date of death.
Other sheriff’s offices should display a mourning band from the date of death until the end of the day
on the date of burial.
II.
North Carolina Peace Officers Memorial Day
It is recommended that all law enforcement officers display a mourning band on North Carolina Peace
Officers Memorial Day, which usually occurs at the beginning of May each year.
III.
National Peace Officers Memorial Day
It is recommended that all law enforcement officers display a mourning band each year on May 15,
National Peace Officers Memorial Day.
IV.
Patriot Day
It is recommended that all law enforcement officers display a mourning band each year on September
11, Patriot Day.
V.
At the direction of the sheriff
A mourning band may be displayed in other situations at the direction of the sheriff. For example, a
sheriff might direct his staff to display mourning bands at the memorial ceremony of an officer killed in
the line of duty, at the funeral of an officer whose death did not occur in the line of duty, or at the
funeral of an officer who was retired and in good standing.
3.6. Level I Funeral Checklist
This section provides basic written guidelines for planning a Level I law enforcement funeral after the line of
duty death of a sheriff’s office employee. The sheriff may utilize these guidelines as needed.
Once the first 24 hours have passed, it is recommended that the sheriff:
3
Source: “Flying the American Flag at Half Staff.” USA.gov. <http://1.usa.gov/14W0Svh>.
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(1) Meet with the Team Leader as soon as possible to delegate responsibilities among the team
The sheriff will meet as soon as possible with the Team Leader to discuss the logistics of the visitation, funeral,
and post-funeral gathering. The sheriff and/or Team Leader will then meet with the Funeral Director and other
members of the team to ensure that all duties are fulfilled and the appropriate honors are given.
(2) Coordinate external resources as needed
The sheriff may request assistance from the TIRC in managing external resources. The TIRC will be available
to organize relief for the sheriff during the funeral or post-incident procedure by:
a) arranging for a neighboring sheriff to provide on-site support; and
b) bringing together resources from other agencies such as 911 dispatchers, detention staff, patrol deputies,
and administrative staff to provide relief for sheriff’s staff to attend the funeral, for example.
(3) Meet with the Family Liaison to discuss family wishes for the visitation, funeral, and post-funeral
gatherings
Special consideration should be made to the family’s wishes when planning the visitation, funeral, and postfuneral gatherings. Ask the family about their customs concerning deaths and funerals. Respect their religious
beliefs. Explain to the family what a law enforcement funeral entails. Explain “10-42 last call” procedure. The
family may not wish to have this provided. Suggest options to the family regarding the funeral service.
However, do not pressure the family.
(4) Meet with the Funeral Director to arrange the visitation, funeral, and post-funeral gatherings
(5) Review appropriate level of honors with the Honors Coordinator
It is recommended that employees killed in the line of duty be honored with a Level I funeral, which is
described in Section 3.5 of this manual.
(6) Discuss community resources with the Community Resource Coordinator
The Community Resource Coordinator may organize community volunteers to assist the family by providing
food, travel, and lodging for immediate family members and out-of-town family members. If there is any cost
incurred, it is recommended that it be the responsibility of the sheriff’s office and not passed on to the family.
(7) Review funeral media coverage and boundaries with the Media Coordinator
The Funeral Director and Media Coordinator may set boundaries on the access and location of the media at the
funeral based on the family’s wishes.
(8) Discuss security plan with the Security Leader
It is recommended that the sheriff and the Family Liaison work together to explain to the family the need for
security at the family’s residence and the visitation, funeral, and post-fellowship gathering. Security should be
provided at the family’s residence for at least two days after the funeral.
(9) Ensure that the Traffic Coordinator has fulfilled assigned duties regarding funeral procession route,
garrison flag, parking, and traffic flow for visitation and funeral
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For information on the garrison flag, see Section 1.4. The funeral procession order is shown under the Traffic
Coordinator’s responsibilities in Section 3.4.
3.7. Overview of Death Benefits
This section provides a brief introduction to the death benefits process, which will help in the first few days
after a line of duty death. An in-depth description of individual death benefits and other types of assistance is
provided in Section 4.
(1) Secure 20 copies of the death certificate for various benefits applications
The death certificate will be required for all state and federal death benefits applications as well as any other
private benefits that survivors may wish to apply for, such as educational assistance or membership-based
benefits.
(2) Obtain the following documents for state and federal death benefits applications:
a) Current marriage certificate, if applicable
b) Detailed statement of circumstances from the initiation of the incident to the pronouncement of the
officer’s death prepared by the Family Liaison
c) Investigation, Incident, and Accident Reports, if any
d) Autopsy, Toxicology Report, or a statement signed by the sheriff or designee explaining that none were
performed
e) Divorce Decrees for the officer’s and current spouse’s previous marriages, including references to
physical custody of any children, if applicable
f) Death Certificates for the officer’s and current spouse’s previous spouses, if any of the marriages ended
in death, if applicable
g) Birth Certificates for all of the officer’s surviving children and step-children, regardless of age or
dependency, identifying the children’s parents, if applicable.
This list was formed using the requirements for the federal Public Safety Officers’ Benefits (PSOB) Program.
For further details on any of the previously-stated requirements, visit the PSOB webpage at
https://www.psob.gov/file_death_claim.html. It is important to note that this list is not all-inclusive and the
survivor may wish for the sheriff’s office to obtain other documents for private benefits as necessary.
(3) Coordinate with the Family Liaison to visit the family at an appropriate time following the funeral to
discuss benefits
(4) Inform the family of state and federal death benefits, including:
a)
b)
c)
d)
e)
f)
g)
North Carolina Workers’ Compensation
North Carolina Law Enforcement Officers’ Death Benefit
North Carolina Local Governmental Employees’ Retirement System (LGERS) Death Benefit
North Carolina Separate Insurance Benefits Plan for Law Enforcement Officers
Public Safety Officers’ Benefits (PSOB) Program
Federal Employees' Compensation Act (FECA)
Social Security
(5) Develop a plan for the death benefits application process
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When developing a plan for the benefits application process, include a timeline for when payments can be
expected and who will complete the applications.
(6) If requested, complete death benefits applications on behalf of the family
Some benefits applications are completed by the sheriff’s office as a matter of procedure, but others may ask the
family to fill them out. If requested or necessary, the Family Liaison may complete the death benefits
applications for the family and present the completed forms to them for signature where applicable. The TIRC
will also be available to assist, if requested by the sheriff.
(7) Provide a copy of any completed applications to the family
When providing the family with copies of applications, encourage the family to store these documents in a
secure location and to make a note of where they are located. For educational assistance benefits for children of
the deceased, these documents may be needed more than twenty years after the incident. See Section 4.4 for
more information on educational assistance benefits.
3.8. Post-Incident Follow-up
This section provides a list of recommended actions to be taken by the Family Liaison. The actions are
generally the same, but decrease in frequency as time goes by from the date of the death. It is important to note
that the TIRC will be available throughout the post-incident procedure to assist the sheriff and Family Liaison
in addressing the needs of the family.
For the first month following the tragedy, the Family Liaison should:
(1) Speak with the family daily
(2) Consult with the Community Resources Coordinator to secure any on-going support for the family from
the community
(3) Continue to update the family regarding benefits and other important information
When providing an update to the family about the benefits applications process, also provide a written summary
of actions taken if possible. Many survivors find it difficult to remember such information during the first year
following the tragedy.
(4) Prepare the Officer Data Form for submission to the National Law Enforcement Officers Memorial
Fund
The National Law Enforcement Officers Memorial, described in Section 3.9, is a national monument honoring
officers who have been killed in the line of duty. An Officer Data Form must be completed by an official
representative of the sheriff’s office for which the officer served and must be signed by the sheriff. To access
the form, visit the webpage at: http://www.nleomf.org/memorial/official-submission-forms/. Form submissions
are due by December 31 of the calendar year in which the tragedy occurred.
(5) Travel with the family (or in place of the family, as requested) to memorial services and other activities
that recognize the deceased
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It is recommended that the Family Liaison make it a priority to encourage a representative of the family to
attend the first memorial services after the tragedy. The first service will always be the most significant
recognition of the deceased. The two major services are the National Law Enforcement Officers Memorial
Ceremony and the North Carolina Peace Officers’ Memorial Day Ceremony. See Section 3.9 for more
information.
(6) Provide the sheriff with a weekly update regarding the family’s benefits applications and any other
important information
For the remainder of the first year following the tragedy, the Family Liaison should:
(1) Speak with the family at least weekly
(2) Connect the family with information and additional resources
Provide the family with information about resources such as chaplaincy programs, critical incident stress
management (if family is a part of law enforcement as well), or counseling. If possible, provide them with a
written summary of the resources that have been identified.
(3) Consult with the Community Resource Coordinator to secure any on-going support for the family from
the community
(4) Continue to update the family regarding benefits and other important information
When providing an update to the family about the benefits applications process, also provide a written summary
of actions taken if possible. Many survivors find it difficult to remember such information during the first year
following the tragedy.
(5) Travel with the family (or in place of the family, as requested) to memorial services and other activities
that recognize the deceased
(6) Provide the sheriff with a monthly update regarding the family’s benefits applications and any other
important information
Provide the sheriff with an update at least monthly. However, the sheriff may request a more frequent update.
For the next four years following the tragedy, the Family Liaison should:
(1) Speak with the family at least monthly
When speaking with the family, remind them of the counseling resources and other programs available to them.
If possible, provide them with a written summary of the resources that have been identified.
(2) Consult with the Community Resources Coordinator if any additional support for the family is needed
(3) Continue to update the family regarding benefits and other important information
When providing an update to the family about the benefits applications process, also provide a written summary
of actions taken if possible. Many survivors find it difficult to remember such information during the first year
following the tragedy.
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(4) Travel with the family (or in place of the family, as requested) to memorial services and other activities
that recognize the deceased
(5) Provide the sheriff with an update every six months
Provide the sheriff with an update at least twice a year regarding the family’s benefits applications and other
important information. However, the sheriff may request a more frequent update.
3.9. Memorial Services
The family of a law enforcement officer killed in the line of duty should be encouraged to attend these two
major memorial services at least during the first year following the tragedy:
a) National Law Enforcement Officers Memorial: This memorial is centered in the 400 block of East
Street, NW, in Washington, DC, and is the nation’s monument to law enforcement officers who have
died in the line of duty. Each May during National Police Week, new names are added to the National
Law Enforcement Officers Memorial walls. The Unveiling Day ceremony is an event held each spring
to symbolically commemorate the service and sacrifice of all of the men and women who have given
their lives for the safety and protection of others. For more information, consult the memorial’s website
at http://www.nleomf.org/programs/.
b) North Carolina Peace Officers’ Memorial Day Ceremony: The North Carolina Peace Officers’
Memorial Day Ceremony is held each year prior to National Police Week to honor North Carolina’s
law enforcement officers who have died in the line of duty. For more information, consult the
memorial’s website at http://www.ncdoj.gov/Peace-Officers-Memorial.aspx.
It is important that the family be encouraged to attend the first memorial services that occur after the
tragedy. The Family Liaison should make it a priority to encourage the family to attend these first two
services.
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4.
Benefits Information
4.1. Purpose
The purpose of this section is to provide an overview of some benefits that are available to sheriffs’ office
employees and/or their families when an officer is killed or seriously injured in the line of duty. Please note that
this section is not all-inclusive. Contact the administering agency for any additional information and eligibility
requirements.
4.2. Death Benefits
(1) North Carolina Workers’ Compensation Act
The North Carolina Industrial Commission is an agency of the State of North Carolina created by the General
Assembly in 1929 to administer the North Carolina Workers’ Compensation Act. All sheriffs’ deputies are
eligible immediately upon hire. The employer will make weekly payments to persons entitled by law. See N.C.
Gen. Stat. § 97-38(1)-(3). The weekly payments should be equal to sixty-six and two-thirds percent (66
2/3%) of the average weekly wages of the deceased employee at the time of the accident, but conditions do
apply. The benefit will be made payable to the beneficiary for 500 weeks.
In addition, the employer will pay burial expenses not exceeding $10,000 to persons entitled by law. See N.C.
Gen. Stat. § 97-38(1)-(3). The employee’s representative must give written notice within thirty days of the
occurrence of the death, including full details of the accident or disease. A claim must be filed within two years
of the occurrence of the accident which caused death. For claims information, contact the Industrial
Commission by telephone at (919) 807-2500 locally or call the helpline at (800) 688-8349.
(2) North Carolina Law Enforcement Officers’, Firemen’s, Rescue Squad Workers’ and Civil Air Patrol
Members’ Death Benefits Act
The North Carolina Industrial Commission is the agency of the State of North Carolina charged with
administering the Law Enforcement Officers’, Firemen’s, Rescue Squad Workers’ and Civil Air Patrol
Members’ Death Benefits Act. All deputy sheriffs are eligible immediately upon hire. The benefit amount will
be $20,000 at the time of death and $10,000 annually for the next three years for a total of $50,000. Any
payments received are exempt from state and local taxes. The benefit will be paid to the following:
a) Spouse, if there is a surviving spouse
b) Surviving dependent child(ren) in equal portions, if there is not a surviving spouse
c) Surviving dependent parent(s) in equal portions, if there is no surviving spouse or child(ren)
d) Estate of the deceased, if no other beneficiary
For claims information, contact the Industrial Commission by telephone at (919) 807-2500 locally or the
helpline at (800) 688-8349.
(3) North Carolina Local Governmental Employees’ Retirement System (LGERS) Death Benefit
Although the primary purpose of LGERS is to provide retirement income, it recognizes that some employees
will not live to enjoy their retirement benefits. So, if the employing county elected it, a death benefit may apply.
For a full-time, paid law enforcement officer who dies before retirement, his or her beneficiary will receive a
single lump-sum payment if the employing county elected this coverage and the officer dies while still in active
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service after one year as a contributing member. The payment equals the highest twelve months of salary in a
row during the twenty-four months before the officer’s death, but no less than $25,000 and no more than
$50,000. This benefit is also paid if the officer dies within 180 days of the officer’s last day of service. It is in
addition to any other benefits to which the officer may be entitled.
In addition, an officers’ beneficiary will receive a refund of the officer’s contributions (with interest, if
applicable). If the officer met certain eligibility requirements, a Survivor’s Alternate Benefit may be paid
instead of the refund of contributions if the officer had one eligible beneficiary living at the time of death. If the
officer died after retirement, depending on the payment option the officer chose, the officer’s beneficiary may
receive income following the officer’s death.
Other employees of the sheriff’s office may be eligible for benefits similar to those described previously for law
enforcement officers if the employing county participates in LGERS for general employees and the employee
has a regular position that requires at least 1,000 hours of service per year. Beneficiaries must fill out an
application. For more information, view the “Local Law Enforcement Officers’ Retirement Handbook” online
at
the
following
webpage:
https://www.nctreasurer.com/Retirement-and-Savings/Managing-MyRetirement/Pages/Benefits-Handbooks.aspx. You may also contact the Retirement Systems Division by
telephone at (877) 733-4191.
(4) North Carolina Separate Insurance Benefits Plan for Law Enforcement Officers
The Separate Insurance Benefits Plan for Law Enforcement Officers provides certain temporary disability and
death benefits to qualified active and retired participants. Full-time, paid law enforcement officers become a
participant immediately upon hire. The benefits under the plan are:
a) accident and sickness insurance
b) a death benefit of $5,000 for participants in active service (while being paid salary)
c) a death benefit of $4,000 for participants who are eligible former officers
d) accidental line-of-duty death benefit of $2,100
Payments due to death shall be payable to the surviving spouse, if any, or otherwise to the estate of the
participant unless the participant had designated, in writing, since January 1, 1986, another person or persons as
beneficiary(ies) and had filed such designation with the Retirement System. When a participant stops work as a
law enforcement officer, he or she ends participation in the plan unless he or she:
a) has 20 or more years of service as a law enforcement officer
b) is receiving disability retirement benefits from any State-administered retirement system
Neither the officer nor the employing county pays anything to this fund for the benefits. The death benefit
under this plan is administered by the Retirement Systems Division. For more information, view the “Local
Law Enforcement Officers’ Retirement Handbook” online at the following webpage:
https://www.nctreasurer.com/Retirement-and-Savings/Managing-My-Retirement/Pages/BenefitsHandbooks.aspx. You may also contact the Retirement Systems Division by telephone at (877) 733-4191.
(5) Public Safety Officers’ Benefits (PSOB) Program
The Public Safety Officers’ Benefits (PSOB) Act provides a benefit to the eligible survivors of a public safety
officer whose death is the direct and proximate result of a traumatic injury sustained in the line of duty. A
public safety officer is a person serving a public agency in an official capacity, with or without compensation,
as a law enforcement officer, fire fighter, or member of a public rescue squad or ambulance crew.
"Line of duty" means any action that the public safety officer is authorized or obligated to perform by law, rule,
regulation or condition of employment or service. If law enforcement, fire suppression, rescue or ambulance
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service is not a person's primary function, then, to be covered by the Act, that person must be engaged in his or
her authorized law enforcement, fire suppression, rescue or ambulance duties when the fatal or disabling injury
is sustained.
The benefit is adjusted at the beginning of each fiscal year. On October 1, 2013, the benefit adjusted to
$333,604.68.
For detailed eligibility and application information, please visit the webpage at:
https://www.psob.gov/file_death_claim.html or call the helpline at (888) 744-6513.
(6) Federal Employees’ Compensation Act (FECA)
The Federal Employees' Compensation Act (FECA) is a law which provides compensation benefits to state and
local law enforcement officers, among others, for disability due to personal injury (including occupational
disease) sustained while in the performance of duty. The FECA also provides for the payment of benefits to
dependents if job-related injury or disease causes the employee's death. It is administered by the Office of
Workers’ Compensation Programs, U.S. Department of Labor.
Benefits may be provided to a state or local law enforcement officer killed or seriously injured in the line of
duty if it is determined by the Secretary of Labor in his discretion that the officer had been at any given
occasion:
(1) a law enforcement officer and to have been engaged on that occasion in the apprehension or attempted
apprehension of any person-a) for the commission of a crime against the United States, or
b) who at that time was sought by a law enforcement authority of the United States for the commission of
a crime against the United States, or
c) who at that time was sought as a material witness in a criminal proceeding instituted by the United
States; or
(2) a law enforcement officer and to have been engaged on that occasion in protecting or guarding a person held
for the commission of a crime against the United States or as a material witness in connection with such a
crime; or
(3) a law enforcement officer and to have been engaged on that occasion in the lawful prevention of, or lawful
attempt to prevent, the commission of a crime against the United States.
It is important to note that the above information is only general. For complete information and a thorough
explanation of eligibility requirements, contact the Office of Workers Compensation Programs district office in
Jacksonville, Florida, at (904) 366-0100.
To view the law online, please visit the webpage at
http://www.dol.gov/owcp/dfec/regs/statutes/feca.htm#8191.
(7) Social Security
Survivors insurance is provided through the Social Security Administration to the spouse and children of
workers who have died. The amount of this monthly benefit is determined by the age and earnings of the
worker. Survivors should apply for this benefit as soon as possible following the death of the worker because
benefits will be paid from the time the survivor applies, not the time the worker died.
The Social Security Administration also offers a one-time payment of $255 which can be made if the deceased
worked long enough. This payment can be made only to the spouse or child of the deceased worker if they meet
certain requirements. Survivors must apply for this payment within two years of the date of death.
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It is recommended that survivors set up an appointment to visit a local Social Security office for a more
thorough explanation of available benefits and to determine exact eligibility. To find a local office, visit the
webpage at: https://secure.ssa.gov/ICON/main.jsp.
4.3. Serious Injury Benefits
(1) North Carolina Workers’ Compensation Act
The North Carolina Industrial Commission is an agency of the State of North Carolina created by the General
Assembly in 1929 to administer the North Carolina Workers’ Compensation Act. All sheriffs’ deputies are
eligible immediately upon hire.
As soon as practical after the accident, and within thirty days, the officer must give written notice to his or her
employer. A simple written statement giving the date of the accident and a brief description of the injury is all
that is necessary. If the officer cannot write the letter, a friend or family member may write it and send it to the
employer. Keep a copy of the letter for your records.
File a claim with the Industrial Commission as soon as possible following the accident. For more information,
you may contact the Industrial Commission by telephone at (919) 807-2500 locally or call the helpline at (800)
688-8349.
(2) North Carolina Local Governmental Employees’ Retirement System (LGERS) Disability
A local law enforcement officer becomes eligible for disability retirement benefits after five years of creditable
service if the officer becomes totally and permanently disabled for his or her job, as approved by the Medical
Review Board. If the officer’s disability is the result of injuries incurred while he or she was performing duties
as an officer, the officer is eligible to apply for disability retirement regardless of the amount of creditable
service. Employees must fill out an application. For more information, view the “Local Law Enforcement
Officers’ Retirement Handbook” online at the following webpage: https://www.nctreasurer.com/Retirementand-Savings/Managing-My-Retirement/Pages/Benefits-Handbooks.aspx. You may also contact the Retirement
Systems Division by telephone at (877) 733-4191.
(3) North Carolina Separate Insurance Benefits Plan for Law Enforcement Officers
The Separate Insurance Benefits Plan for Law Enforcement Officers provides certain temporary disability and
death benefits to qualified active and retired participants. Full-time, paid law enforcement officers become a
participant immediately upon hire. The benefits under the plan are:
e) accident and sickness insurance
f) a death benefit of $5,000 for participants in active service (while being paid salary)
g) a death benefit of $4,000 for participants who are eligible former officers
h) accidental line-of-duty death benefit of $2,100
Payments due to accidental injury or sickness shall be payable to a participant or his legal representative. When
a participant stops work as a law enforcement officer, he or she ends participation in the plan unless he or she:
c) has 20 or more years of service as a law enforcement officer
d) is receiving disability retirement benefits from any state-administered retirement system
Neither the officer nor the employing county pays anything to this Fund for the benefits. The Medical Review
Board selects the company that provides the accident and sickness insurance and the policy is presently carried
with the Hartford Insurance Company. Its toll-free telephone number is (888) 232-5340. For more information,
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view the “Local Law Enforcement Officers’ Retirement Handbook” online at the following webpage:
https://www.nctreasurer.com/Retirement-and-Savings/Managing-My-Retirement/Pages/BenefitsHandbooks.aspx. You may also contact the Retirement Systems Division by telephone at (877) 733-4191.
(4) Public Safety Officers’ Benefits (PSOB) Program
The Public Safety Officers’ Benefits (PSOB) Act provides a benefit to the eligible survivors of a public safety
officer whose death is the direct and proximate result of a traumatic injury sustained in the line of duty. The Act
also provides the same benefit to a public safety officer who has been permanently and totally disabled as
the direct result of a catastrophic personal injury sustained in the line of duty.
A public safety officer is a person serving a public agency in an official capacity, with or without compensation,
as a law enforcement officer, fire fighter, or member of a public rescue squad or ambulance crew.
"Line of duty" means any action that the public safety officer is authorized or obligated to perform by law, rule,
regulation or condition of employment or service. If law enforcement, fire suppression, rescue or ambulance
service is not a person's primary function, then, to be covered by the Act, that person must be engaged in his or
her authorized law enforcement, fire suppression, rescue or ambulance duties when the fatal or disabling injury
is sustained.
The benefit is adjusted at the beginning of each fiscal year. On October 1, 2013, the benefit adjusted to
$333,604.68.
For detailed eligibility and application information, please visit the webpage at:
https://www.psob.gov/file_death_claim.html or call the helpline at (888) 744-6513.
(5) Federal Employees’ Compensation Act (FECA)
The Federal Employees' Compensation Act (FECA) is a law which provides compensation benefits to state and
local law enforcement officers, among others, for disability due to personal injury (including occupational
disease) sustained while in the performance of duty. It is administered by the Office of Workers’ Compensation
Programs, U.S. Department of Labor. Benefits may be provided to a state or local law enforcement officer
killed or seriously injured in the line of duty if it is determined by the Secretary of Labor in his discretion that
the officer had been at any given occasion:
(1) a law enforcement officer and to have been engaged on that occasion in the apprehension or attempted
apprehension of any person-a) for the commission of a crime against the United States, or
b) who at that time was sought by a law enforcement authority of the United States for the commission of
a crime against the United States, or
c) who at that time was sought as a material witness in a criminal proceeding instituted by the United
States; or
(2) a law enforcement officer and to have been engaged on that occasion in protecting or guarding a person held
for the commission of a crime against the United States or as a material witness in connection with such a
crime; or
(3) a law enforcement officer and to have been engaged on that occasion in the lawful prevention of, or lawful
attempt to prevent, the commission of a crime against the United States.
It is important to note that the above information is only general. For complete information and a thorough
explanation of eligibility requirements, contact the Office of Workers Compensation Programs district office in
Jacksonville, Florida, at (904) 366-0100.
To view the law online, please visit the webpage at
http://www.dol.gov/owcp/dfec/regs/statutes/feca.htm#8191.
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(6) Social Security
Social Security pays benefits to people who cannot work because they have a medical condition that is expected
to last at least one year or result in death. Federal law requires this very strict definition of disability. While
some programs give money to people with partial disability or short-term disability, Social Security does not.
Certain family members of disabled workers also can receive money from Social Security. For more
information, visit the webpage at http://www.ssa.gov/pgm/disability.htm.
It is recommended that disabled employees or their families set up an appointment to visit a local Social
Security office for a more thorough explanation of available benefits and to determine exact eligibility. To find
a local office, visit the webpage at: https://secure.ssa.gov/ICON/main.jsp.
4.4. Educational Assistance
(1) North Carolina Tuition Waivers
According to N. C. Gen. Stat. § 115B-2, the following individuals are eligible for tuition waivers at the
constituent institutions of the University of North Carolina and the North Carolina community colleges:
a) Any person who is the survivor (spouse or other dependent) of a law enforcement officer, firefighter,
volunteer firefighter, or rescue squad worker killed as a direct result of a traumatic injury sustained in
the line of duty
b) The spouse of a law enforcement officer, firefighter, volunteer firefighter, or rescue squad worker who
is permanently and totally disabled as a direct result of a traumatic injury sustained in the line of duty
c) Any child, if the child is at least seventeen (17) years old but not yet twenty-four (24)years old, whose
parent is a law enforcement officer, firefighter, volunteer firefighter, or rescue squad worker who is
permanently and totally disabled as a direct result of a traumatic injury sustained in the line of duty.
However, a child's eligibility for a waiver of tuition under this Chapter shall not exceed: (i) fifty-four
(54) months, if the child is seeking a baccalaureate degree; or (ii) if the child is not seeking a
baccalaureate degree, the number of months required to complete the educational program to which the
child is applying.
The qualifying individuals must meet the institution’s admissions requirements. For more information, contact
the prospective school directly.
(2) North Carolina Bar Association Young Lawyers Division
In 1988, the North Carolina Bar Association and the Young Lawyers Division made the decision to establish a
Scholarship Program for children of North Carolina law enforcement officers disabled or killed in the line of
duty to help with college expenses. The first scholarship was awarded in 1989. For more information or to
download an application, visit the webpage at: https://younglawyers.ncbar.org. To contact the Young Lawyers
Division by telephone, call (800) 662-7407.
(3) Public Safety Officers’ Educational Assistance (PSOEA) Program
The Public Safety Officers’ Educational Assistance (PSOEA) Program provides an educational assistance
allowance to eligible survivors of public safety officers whose deaths or permanent and total disabilities are
the direct and proximate result of a traumatic injury sustained in the line of duty. The PSOEA Program
stipulates that PSOEA benefits are to be provided directly to dependents who attend a program of education at
an eligible educational institution and are the spouses or children of federal agents, police officers, firefighters,
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and emergency public safety officers whose deaths or permanent and total disabilities are covered by the PSOB
Program. See 42 U.S.C. 3796d(1)-(7). Public safety officers’ children are no longer eligible for assistance,
however, after their twenty-seventh birthday, absent a finding by the Attorney General of extraordinary
circumstances. Assistance under the PSOEA Program is available for forty-five months of full-time education
or training or for a proportional period of time for a part-time program. For more information, contact the
PSOB office by telephone at (888) 744-6513 or visit the webpage at: www.psob.gov.
(4) National Rifle Association (NRA) Jeanne E. Bray Memorial Scholarship Awards Program
This program offers college scholarships of up to $1,000 per semester (up to $2,000 per year for a maximum of
four years) to dependent children of any public law enforcement officer killed in the line of duty who was an
NRA member at the time of death, and to dependent children of any current or retired law enforcement officers
who are living and have current NRA membership. Should you have any additional questions please contact
the NRA at: [email protected] or call (800) 554-9498. You may also visit the webpage at
http://le.nra.org/law-enforcement-benefits.aspx.
4.5. Other Assistance
(1) National Sheriffs’ Association (NSA) Member Insurance
NSA members (excluding Auxiliary and Retired Paid-Up-For-Life members) receive free accidental death and
dismemberment insurance with a $10,000 benefit amount for sheriffs and a $3000 benefit amount for others.
Coverage is subject to the terms and conditions of the group policy held by NSA. For more information,
contact NSA by telephone at (800) 424-7827.
(2) The Consolidated Omnibus Budget Reconciliation Act (COBRA)
COBRA gives families of sheriff’s office employees who were killed in the line of duty the option to continue
receiving health coverage benefits from the sheriff’s office. There is no requirement that the sheriff’s office pay
the premium for the health coverage. The sheriff’s office must notify their plan administrator within thirty days
after an employee’s death. The plan administrator must send an election notice to qualifying family members
within fourteen days of the event. The family has sixty days from the receipt of that notice to decide whether
they want to participate in COBRA.
For more information, visit the webpage at:
http://www.dol.gov/dol/topic/health-plans/cobra.htm.
(3) National Rifle Association (NRA) Law Enforcement Officer Line of Duty Death Benefit
A $25,000 insurance benefit is provided to the widow or survivors of any NRA-member law enforcement
officer who is killed in the line of duty. Coverage is automatic for all law enforcement officers who are NRA
members. To request additional information, or to register for this benefit, please call the NRA Law
Enforcement Division at (703) 267-1640.
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5.
Officer’s Use of Deadly Force
The Traumatic Incident Response Program is designed to provide guidelines and information to the 100
sheriffs’ offices in North Carolina to better prepare them for any traumatic incident as defined in the program’s
mission statement in Section 1.1. Sections 1, 2, 3, and 4 have provided guidelines for line of duty deaths and
serious injuries, establishing a foundation for other types of traumatic incident responses. One traumatic
incident, the “officer’s use of deadly force,” presents a wide range of complex issues which will be not be fully
addressed in this manual. A separate publication is required to explore these issues in detail.
The “officer’s use of deadly force” traumatic incident requires special attention to various issues such as: the
investigation by the North Carolina State Bureau of Investigation (SBI); the role of the Office of the Chief
Medical Examiner; the role of district attorneys; decisions made by the sheriff; and special considerations for
returning a deputy to work.
Other areas to be explored in the “officer’s use of deadly force” publication are: the rights of the deputy during
the investigation; the consequences of concurrent internal and external investigations; the statutory
confidentiality of the SBI’s report on the investigation; and ways to handle the media to serve the best interests
of the officer and the sheriff’s office.
In summary, a full exploration of the “officer’s use of deadly force” traumatic incident requires greater detail
and legal research which will not be covered in this manual. NCSA will prepare a separate publication which
will address the many questions and considerations surrounding an officer’s use of deadly force.
However, it is important to note that Critical Incident Stress Management (CISM), described in Section 2.4 of
this manual, may be used to provide resources for officers with mental health and stress management needs
associated with a use of deadly force incident.
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Appendix A—Confidential Emergency Information Form (NCSA-TIR-001)
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Appendix A (continued)
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Appendix A (continued)
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Appendix A (continued)
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Appendix B—TIR Program Manual Essentials – Line of Duty Deaths
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Appendix B (continued)
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