Common use of Final Action Clause in Contracts

Final Action. At the conclusion of the investigation of a Covered Incident, SFDA shall review and analyze all the evidence to determine whether the SFPD officer acted unlawfully. SFDA’s policies regarding crime charging are set forth in the 2016 CDAA Professionalism Manual, which states in part: The prosecutor should [file criminal charges] only if the following four (4) requirements are satisfied: 1. There has been a complete investigation and thorough consideration of all pertinent information. 2. There is legally sufficient, admissible evidence of corpus delicti. 3. There is legally sufficient, admissible evidence of the accused’s identity as the perpetrator of the crime. 5 The Commander of the Risk Management Office is the person who oversees both ISD and IAD and, as a single point of contact, can ensure that all requests for additional information are handled in a timely manner. 4. The prosecutor has considered the possibility of conviction by an objective fact finder hearing the admissible evidence. The admissible evidence should be of such convincing force that it would warrant conviction of the crime charged by a reasonable and objective fact finder after hearing all the evidence available to the prosecutor at the time of charging and after hearing the most plausible, reasonably foreseeable defense that could be raised under the evidence presented to the prosecutor. (See Uniform Crime Charging Standards, CDAA 1989.) If SFDA declines to file charges, SFDA shall notify the Chief of Police of its findings in writing. If SFDA decides to file criminal charges, or a grand jury returns an indictment, SFDA shall immediately inform the Chief of Police, or in their absence the Acting Chief of Police, of the decision. If SFDA intends to arrest an officer, SFDA shall notify the Commander of the Risk Management Office. All charging documents must identify the applicable arresting officers. At SFDA’s discretion, SFPD may undertake the process for taking the officer into custody and booking. SFPD will diligently undertake the custodial process and update SFDA as circumstances reasonably permit until the process has been completed.

Final Action. At the conclusion of the investigation of a Covered Incident, SFDA shall review and analyze all the evidence to determine whether the SFPD officer acted unlawfully. SFDA’s policies regarding crime charging are set forth in the 2016 CDAA Professionalism Manual, which states in part: The prosecutor should [file criminal charges] only if the following four (4) requirements are satisfied: 1. There has been a complete investigation and thorough consideration of all pertinent information. 2. There is legally sufficient, admissible evidence of corpus delicti. 3. There is legally sufficient, admissible evidence of the accused’s identity as the perpetrator of the crime. 5 The Commander of the Risk Management Office is the person who oversees both ISD and IAD and, as a single point of contact, can will ensure that all requests for additional information are handled in a timely manner. 3. There is legally sufficient, admissible evidence of the accused’s identity as the perpetrator of the crime. 4. The prosecutor has considered the possibility of conviction by an objective fact finder hearing the admissible evidence. The admissible evidence should be of such convincing force that it would warrant conviction of the crime charged by a reasonable and objective fact finder after hearing all the evidence available to the prosecutor at the time of charging and after hearing the most plausible, reasonably foreseeable defense that could be raised under the evidence presented to the prosecutor. (See Uniform Crime Charging Standards, CDAA 1989.) 1989.)6 If SFDA declines to file charges, SFDA shall notify the Chief of Police of its findings in writing. If SFDA decides to file criminal charges, or a grand jury returns an indictment, SFDA shall immediately inform the Chief of Police, or in their absence the Acting Chief of Police, of the decision. If SFDA intends to arrest an officer, SFDA shall notify the Commander of the Risk Management Office. All charging documents must will identify the applicable arresting officers. At SFDA’s discretion, SFPD may undertake the process for taking the officer into custody and booking. SFPD will diligently undertake the custodial process and update SFDA as circumstances reasonably permit until the process has been completed.

Final Action. At the conclusion of SFDA’s the investigation of a Covered Incident, the District Attorney or his/her designee, SFDA shall review and analyze all the evidence to determine whether any the SFPD officer acted unlawfully. If the District Attorney declines to file criminal charges, the District Attorney or his/her designee shall notify the SFPD of the findings in writing. If the District Attorney decides to file criminal charges, or a grand jury returns an indictment, the SFDA shall, as promptly as circumstances reasonably permit and if legally permissible, inform the Chief of Police of the decision. All charging documents shall identify the applicable arresting officer or officers. If the SFDA intends to arrest an officer, SFDA shall notify the Officer in Charge of ISD. At the SFDA’s discretion, SFPD will undertake the process for taking the officer into custody and booking. SFPD will diligently undertake the custodial process and update the SFDA as circumstances reasonably permit, until the process has been completed. SFDA’s policies regarding crime charging are set forth in the 2016 CDAA Professionalism Manual, which states in pertinent part: The prosecutor should [file criminal charges] only if the following four (4) basic requirements are satisfied: 1. There has been a complete investigation and thorough consideration of all pertinent information. 2. There is legally sufficient, admissible evidence of corpus delicti. 3. There is legally sufficient, admissible evidence of the accused’s identity as the perpetrator of the crime. 5 The Commander of the Risk Management Office is the person who oversees both ISD and IAD and, as a single point of contact, can ensure that all requests for additional information are handled in a timely manner. 4. The prosecutor has considered the possibility of conviction by an objective fact finder hearing the admissible evidence. The admissible evidence should be of such convincing force that it would warrant conviction of the crime charged by a reasonable and objective fact finder after hearing all the evidence available to the prosecutor at the time of charging and after hearing the most plausible, reasonably foreseeable defense that could be raised under the evidence presented to the prosecutor. (See Uniform Crime Charging Standards, CDAA 1989.) If SFDA declines to file charges, SFDA shall notify the Chief of Police of its findings in writing. If SFDA decides to file criminal charges, or a grand jury returns an indictment, SFDA shall immediately inform the Chief of Police, or in their absence the Acting Chief of Police, of the decision. If SFDA intends to arrest an officer, SFDA shall notify the Commander of the Risk Management Office. All charging documents must identify the applicable arresting officers. At SFDA’s discretion, SFPD may undertake the process for taking the officer into custody and booking. SFPD will diligently undertake the custodial process and update SFDA as circumstances reasonably permit until the process has been completed.