Document Citation: 4 Pa. Code § 7.211

Header:
PENNSYLVANIA ADMINISTRATIVE CODE
Commonwealth of Pennsylvania
Pennsylvania Code
TITLE 4. ADMINISTRATION
PART I. GOVERNOR'S OFFICE
CHAPTER 7. MISCELLANEOUS PROVISIONS
SUBCHAPTER P. CIVIL DISORDER AND EMERGENCY

Date:
08/31/2009

Document:

§ 7.211. Command and control

(a) The Governor will retain command of State peacekeeping forces during a civil disorder. The Governor may designate the Lieutenant Governor or a member of the Governor's staff as the on-the-scene representatives with the power and authority the Governor may deem necessary.

(b) The General Counsel, after consultation with the Commissioner of the State Police, the Adjutant General or the Pennsylvania Emergency Management Agency will prepare, for issuance by the Governor as required by law, Executive Orders and proclamations necessary or appropriate for the activation and employment of their forces and for the conduct of peacekeeping and law enforcement operations in the disorder area. The Orders and proclamations shall contain the general constraints and objectives applicable to the conduct of State Police and National Guard operations in the disorder area.

(c) The Commissioner of the State Police and the Adjutant General of Pennsylvania and the forces under their respective commands will be directly responsible to the Governor for the implementation of the Orders and guidance that the Governor may provide. Implementing orders necessary or appropriate for the designation and employment of forces under the command of the Commissioner of State Police or the Adjutant General, and for the conduct of their operations in the disorder area, shall be prepared by the Commissioner or the Adjutant General. The content of their orders shall be in accordance with Executive Orders and proclamations issued by the Governor.

(d) In the event of disorder, no officer other than the State Police, consistent with their established policy, or local police in the normal course of their duty, will carry loaded weapons. Weapons carried by the National Guard will not be loaded nor will bayonets be fixed without the specific order of the Governor, except that trained antisniper teams and military police of the National Guard may be armed with loaded weapons whenever National Guard troops are deployed.

(e) Field commanders of the State Police and National Guard are authorized to act independently in emergency situations when failure to act would seriously aggravate the disturbance, gravely undermine the effort to restore order or jeopardize the lives of law enforcement officers, troops or of civilians. These actions shall be consistent with the principles of application of only the minimum force necessary for the circumstances.