ODNR DIRECTIVE

Authority

It is the policy of the Ohio Department of Natural Resources that the Officers shall comply with the following Ohio Revised Code sections, which grant the them jurisdiction and authority, while in performance of their official duties.

Interdepartmental Assistance

The law states that officers within ODNR and various divisions are defined as "Peace Officer" with the authority vested by law in police officers in Revised Code 2935.03 on Department owned, maintained or administered lands and waters. Officers may immediately proceed to exercise this expanded authority on the lands and waters of the division, which employs them. (In most cases the new law adds the authority to make non-view misdemeanor arrests.)

On those Department lands and waters which are administered by a division other than the officers employing division, the officer may exercise this authority only pursuant to an agreement with the other divisions. (Division of Wildlife is exempt from the agreement requirement) or in response to a request for assistance by an enforcement officer in an emergency.

It is the expectation of this Department that the officers of ODNR enforce the laws and rules that they have sworn to uphold, provided they have jurisdiction and authority on any DNR properties. DNR officers shall not ignore violations on DNR properties were they have authority and jurisdiction. Divisional field management shall coordinate and conduct yearly divisional meeting to ensure compliance with this section.

Agreements Between Chiefs

The law enforcement agreements will be coordinated by the Director's Office. Whenever possible, prior arrangements should be made between the affected Divisions on how the agreements will be managed. Conflicts will be resolved by the Department Law Enforcement Administrator. Each requested Division will respond to the proposal and will render assistance unless its own operational needs cannot be meet.

The Divisions of Forestry, Parks, Natural Areas and Watercraft have a sign inter-department agreement.

Each Division and its officers must critically review the consequences of assisting. Any officer assisting another Division will be considered to be acting in good faith, within the course and scope of their employment with Departmental and Divisional consent. In such cases the responding officer(s), when possible, should act only under the direction of an officer of the managing division. Responding officers should act within the scope of their training and equipment.

Any person detained or evidence found by a responding officer under those circumstances will be turned over to the Division exercising jurisdiction for prosecution when possible and practical. All officers will then be expected to fulfill all prosecution, court and requesting agency report requirements for that case as well as making out a report for their Division.

In the case of emergencies where formal prior approval cannot be obtained the immediate supervisor or a succeeding supervisor and Division management will be notified for information, advice or guidance in the matter prior to action. If notification is not possible prior to action then notification to the officers immediate supervisor or succeeding supervisor and responding Division management will be made without undue delay after the assistance is rendered through established chains of command.

For the purpose of this policy statement, an ODNR officer is considered called upon and may, when on duty, assist:

1. When the officer is directly asked by another ODNR officer for immediate backup or assistance on Department owned or administered lands or waters.
2. When the ODNR officer becomes aware of a serious incident involving another ODNR officer in or outside ODNR property, offers assistance and it is accepted. The responding officer should be reasonably certain of the safety of the visitors to their areas, and security to their area and visitor property will not be unduly jeopardized before offering assistance.
3. When the requesting ODNR officer is in a situation which clearly demands assistance and there is neither opportunity nor time for the different ODNR officers to communicate prior to necessary action.

Officers actions will always be judged at a later date by supervisor(s) so common sense and good judgment should be used in all situations.

Divisions of Forestry, Parks, Watercraft, Wildlife may assist an outside agency by request of that agency. The department recognizes specific case by case requests only. Blanket requests for assistance are not permitted. Request by an outside agencies dispatcher, to request assistance to an officer, is expectable. DNR officers are not to be dispatched by an outside agency unless the call affects DNR.

Nowhere in this statement or subsequent sections is there implied consent by the Department for its officers to indiscriminately become involved in matters outside of their jurisdiction as stated in the Ohio Revised Code.

Emergency Defined: Emergency does not include items of a routine matter that law enforcement officials would encounter in their normal work cycle. It is the combination of circumstances calling for action to save or protect persons or property. Before responding to an emergency situation your first option is to advise the other agency that you are available, then wait to be requested to assist. If you are unable to advise the agency or officer involved the following guidelines should be used. An emergency is a combination of inherently dangerous situations that demand an immediate response, where the officer reasonably believes that there may be serious personal injury or significant property loss. Decision-making must be based upon the totality of the circumstances known at time to the officer, such as serious personal injury, proximity of other officers, seriousness of the offense or incident.

Accidents

ODNR officers may give assistance outside their immediate jurisdiction in the event of an accident:

0. By giving aid to the injured.
1. By assisting with traffic control.
2. By taking notes of circumstances involved

The responding officer is not to take part in the actual investigation unless requested by the agency with primary jurisdiction and is to remain at the scene only until officers having primary jurisdiction arrive and the responding officers assistance is no longer needed or a pressing matter in the immediate area takes precedence.

Investigations

The investigation concerns a crime committed inside the ODNR area or an imminent crime with ODNR areas.
1. The investigation concerns a common suspect (definition: Individual, which has an outstanding warrant(s) by two or more ODNR Divisions).
2. The Director or the Department Law Enforcement Administrator requests that an internal investigation be performed.

Investigations which fall into subsections a and b above require the approval of the Deputy Director and the chiefs of the affected Divisions. No such approval is required for sub section c investigations.

It will be the responsibility of the immediate supervisor of the officer involved in assisting other ODNR Divisions, and the Divisions management to investigate the incident and report in writing as soon as possible the specific information and any possible ramifications. The report will state the facts of the incident, support or non-support for the officer involved and the reasoning behind it. Division management will review the report and submit it to the chief with comments either in support or in non-support of action taken and the investigation.

Mutual Aid Compacts

 

The Divisions of Forestry, Parks and Watercraft may enter into mutual aid compacts under the Director's authority. These Divisions requesting mutual aid compacts with any federal agency, state agency, county, township, municipal corporation, or other political subdivision or with the superintendent of the state highway patrol, shall submit there request and drafted mutual aid compact form (department form) to the Department Law Enforcement Administrator. The request shall include the following:

• Advantages to the division and department
• Disadvantages to the division and department
• Justification and specifics of the requested agreement
• Fiscal impact to the division
• Fiscal impact to the Department
• Draft mutual aid compact form

ODNR Officers' Authority Summary Grid

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