HomeMy WebLinkAboutRes 2018-08-470 LESO ProgramCITY OF ANNA, TEXAS
RESOLUTION ,201 '_D9.a TqQ
A RESOLUTION OF THE CITY OF ANNA, TEXAS GRANTING APPROVAL OF THE
APPLICATION FOR PARTICIPATION IN THE LAW ENFORCEMENT SUPPORT OFFICE
(LESO) PROGRAM WITH DEFENSE LOGISTICS AGENCY AND APPROVAL OF THE
STATE PLAN OF OPERATIONS WITH THE STATE OF TEXAS TO UTILIZE MILITARY
SURPLUS PROPERTY AT NO COST TO THE CITY AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME.
WHEREAS, participation in the Law Enforcement Support Office (LESO) Program
(formerly known as 1033 Program) with Defense Logistics Agency allows the Anna Police
Department (Department) to acquire and use, at no cost to the City, surplus military
equipment in the furtherance of the Department's Mission; and
WHEREAS, the Secretary of Defense (Secretary) is authorized by 10 USC § 2576a to transfer
to State Law Enforcement Agencies, personal property that is excess to the needs of the
Department of Defense (DOD) and that the Secretary determines is suitable to be used by
such agencies in law enforcement activities, with preferences for counter -drug / counter-
terrorism or border security activities; and
WHEREAS, under the terms of the State Plan of Operations (Agreement), the Department will
acquire and retain excess equipment owned by the DOD for the purposes set forth in the
Agreement (Exhibit A); and
WHEREAS, the Council finds and determines that the Agreement furthers the Department's
Mission and the City's public purpose of protecting the health, safety and welfare of Anna's
citizens and the public; and
WHEREAS, the Council finds that the Agreement provides sufficient safeguards to assure that
all value provided by the City under the Agreement will be used solely for a public purpose;
and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Agreement
The Council hereby approves the Application and Agreement attached hereto as Exhibit A
incorporated herein for all purposes and authorizes the City Manager to execute same on its
behalf.
RESOLUTION NO. qqO PAGE 1 OF 2
AGREEMENT FOR LESO PROGRAM
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 14th day
of August, 2018.
ATTEST:
APPROVED
r 00N I I I III III r/q,����/',
OF A/b
City Secretary Carrie L. Smithz-' C
ZZ
C1.
RESOLUTION NO. 4%
AGREEMENT FOR LESO PROGRAM
Pike
PAGE 2OF2
DEFENSE LOGISTICS AGENCY
DISPOSITION SERVICES
74 WASHINGTON AVENUE NORTH FOR LESO USE ONLY
v .
BATTLE CREEK, MICHIGAN 49037.3092
New Application
Law Enforcement Support Office (LESO)
Application for Participation / Authorized Screeners Letter 0 Updated Application
(This form Is for State/Local Low Enforcement Agencies only)
indicates Required Fields Originating Agency Identifier (ORI) Number X0432600
SECTION 1:
*Agency Name:iAnna Police Deaartment IAgency DODAAC(lf0own)
"Agency Physical Address: 101 S. Powell Parkwa 'City: Anna
*State: *zip code:€�5409Eman:jcaponera@annatexas gov w "Phone #: g72-924-2848 E Fax #:
���—____�..__-__l
Agency MUST have at least 1 full-time officer to participate In the program. Indicate the number of compensated officers with arrest and apprehension
authority: ;
"Full-time: 17 "Part time: Q
RTD Screener - RTD Screeners must be employed by the aforementioned LEA. individuals identified below may request access to act as an
authorized "RTO Screener" on behalf of this Law Enforcement Agency. Agency MUST have at least 1 RTD Screener.
iLleutenant Pete .1 {{ Copin
._
*#1 *Official Title / Rank *First Name *Last Name
pcopin@annatexas.gov ,1214-831-5311
*Email "Phone Number POC (Aircraft/Small Arms/Vehicle)
;Sergeant _ _ Chad _ Butler
#2 *Official Title/ Rank *First Name *LastName
cbutler@annatexas.gov
*Email *Phone Number POC (Aircraft/Small Arms/Vehicle)
Officer ;Tracy Foster r
#3 "Official Title / Rank "First Name *Last Name
tfoster@annatexs.gov _ i;214-831-5314 i
"Email *Phone Number POC (Aircraft/Small Arms/Vehicle)
#4 *Official Title / Rank "First Name _ *Last Name
i I
*Email *Phone Number POC(Alrcraft/SmallArms/Vehicle)
#S Y *Offidal Title / Rank _ "First Name "Last Name
*Email *Phone Number POC (Aircraft/Small Arms/Vehicle)
#6 •Official Title / Rank
*First Name
*Last Name
*Email
*Phone Number
POC (Aircraft/Small Arms/Vehicle)
#7 •Official Title_/ Rank
*First Name
*Last Name
_ _
-µ*Email
*Phone Number
POC (Aircraft/SmallArms/Vehicle)f
#a *Official Title / Rank
*First Name
*Last Name_
*Email
*Phone Number
POC (Aircraft/Small Arms/Vehicle)
Page 1 of 2 (Application Version; Oct 31, 2017)
SECTION 2:
RESERVED FOR LAW ENFORCEMENT AGENCY USE ONLY
Law Enforcement Agency/Activity- The LESO Program defines this as a Governmental agency whose primary function is the enforcement of applicable
Federal, State and Local laws and whose compensated Law Enforcement officers have the powers of arrest and apprehension.
I certify that my agency meets the definition of a "Law Enforcement Agency/Activity" as described above. I certify that all information
;contained in this application is valid and accurate. I understand that I must provide my State Coordinator an application to update my agency
0.J participant information if the following information changes: 1. Chief Law Enforcement Official (CLEO) changes, 2. Agency physical address
changes or 3. RTD Screener additions/deletions.
0 1 am signing this document as the CLEO of this law enforcement agency,
*(Check only one):
In my official position oras Acting/Interim, I am authorized to sign documents on behalf of the CLEO for this agency,
If checked, please provide current department policy or Memorandum that provides such signature authority to the
individual holding that official position.
BY INITIALING THE BOX BELOW, LEA's CERTIFY THEY WILL COMPLY WITH 10 U.S. CODE 2576a FOR ALL CONTROLLED EQUIPMENT.
I certify with the authorization of the relevant local governing body or authority, that my agency has adopted publically available
protocols for the appropriate use of controlled property, the supervision of such use, and the evaluation of the effectiveness of such use,
Initiai Here including auditing and accountability policies; and that it provides annual training to relevant personnel on the maintenance, sustainment,
and appropriate use of controlled property.
By signing this application, I certify under penalty of perjury that the foregoing Is true and correct.
Making a false statement may result In judicial actions or prosecution under 18 USC 41001.
!Chief of Police Jeff A Caponera
*TITLE *PRINTED NAME: FIRST & LAST *SIGNATURE
, caponera@annatexas.gov [08/06/2018
*EMAIL *DATE
SECTION 3:
RESERVED FOR STATE COORDINATORS OFFICE USE ONLY
As the State Coordinator/ State Point of Contact it has been determined that the agency meets the definition of a "Law Enforcement
Agency/Activity" as described In section 2.1 certify that all information contained in this application is valid and accurate.
SECTION 4:
Mike Lesko
PRINTED NAME FIRST & LAST *SIGNATURED� ATE —
RESERVED FOR LESO USE ONLY
NOTICE FOR DLA DISPOSITION SERVICES PERSONNEL: Regulatory guidance outlining Screener Identification and Authorization must be accomplished in
accordance with DOD 4160,21•M, Volume 3, Enclosure 5, Section 3 (k), In accordance with the aforementioned reference, the LESO Program authorizes the
Individuals identified in Section 1 of this form to screen excess property at your facilities as authorized participants in the LESO Program. This authorized
screener letter supersedes all previously issued screener letters for this Law Enforcement Agency/Activity and is valid only on or after the date signed by
authorized LESO signatory. Only two Individuals authorized to screen per visit; however, additional personnel may assist receiving material previously screened
and approved for transfer.
This agency is authorized to screen items via the LESO Program under authorized Agency DODAAC:
*LESO Authorized Signatory:
*SIGNATURE
LESO Notes:
*Screener letter is valid one year from this date:
Page 2 of 2 (Applicotion Version: Oct 31, 2017)
STATE PLAN OF OPERATIONS
BETWEEN THE STATE OF
TEXAS
AND THE
ANNA POLICE DEPARTMENT
I. PURPOSE
This State Plan of Operation (SPO) is entered into between the State of Texas and the (LEA
name) Anna Police Department , to set forth the terms and conditions
which will be binding on the parties with respect to excess Department of Defense (DOD)
personal property transferred pursuant to 10 USC § 2576a in order to promote the efficient and
expeditious transfer of property and to ensure accountability of the same.
II. AUTHORITY
The Secretary of Defense is authorized by 10 USC § 2576a to transfer to State Law
Enforcement Agencies, personal property that is excess to the needs of the DOD and that the
Secretary determines is suitable to be used by such agencies in law enforcement activities, with
preferences for counter -drug / counter -terrorism or border security activities, under such terms
prescribed by the Secretary. The authorities granted to the Secretary of Defense have been
delegated to the Defense Logistics Agency (DLA) in determining whether property is suitable
for use by agencies in Law Enforcement Activities (LEAs). DLA defines law enforcement
activities as activities performed by governmental agencies whose primary function is the
enforcement of applicable Federal, State, and local laws and whose compensated law
enforcement officers have powers of arrest and apprehension. This program is also known as
the "1033 Program" or the "LESO Program" and is administered by DLA Disposition
Services, Law Enforcement Support Office (LESO).
III. GENERAL TERMS AND CONDITIONS
A. OPERATIONAL AUTHORITY
The Governor of the State of Texas has designated in writing with an effective date of August 26,
2015 to implement this program statewide as well as conduct management and oversight of this
program. Funding / Budgeting to administer this program are provided by the Texas Department
of Public Safety.
The provided funding is used to support assistance to the LEAs with customer service to include
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computer / telephone assistance and physical visits to the LEAs to assist with acquiring access to
the LESO Program. The staffing to provide the support to the LEAs within the State of Texas is
as follows:
State Coordinator (SC): Mike Lesko
State Point of Contact (SPDC): Rolando Ayala
State Point of Contact (SPDC): Laurie Patterson
State Point of Contact (SPDC): John Riddick
The following is the facility / physical location and business hours to provide customer service to
those LEAs currently enrolled, as well as interested participants of the LESO Program:
Agency Address / Location: 5805 N Lamar Blvd Austin Texas 78752
EMAIL / Contact Phone Numbers: TxLESOProgram(d,)dys.texas.gov 512-424-7590
Hours of Operation: 7AM — 5PM
B. The DLA LESO has final authority to determine the type, quantity, and location of excess
DOD personal property suitable for law enforcement activities, if any, which will be transferred to
the (LEA name) Anna Police Department
C. This agreement creates no entitlement to the LEA to receive excess DOD personal property.
D. The (LEA name) Anna Police Department understands that property made
available under this agreement is for the use of authorized program participants only. Property
may not be obtained for any individual, organization, or agency that has not been approved as a
participant in the LESO Program. All requests for property must be based on bona fide law
enforcement requirements. Property will not be obtained by any authorized participant for the
purpose of sale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan.
E. Controlled property (equipment) includes any property that has a demilitarization (DEMIL)
Code of B, C, D, F, G, and Q3. DLA LESO mandates that the following items be treated as
controlled property:
1) Manned Aircraft, fixed or rotary wing
2) Unmanned Aerial Vehicles
3) Wheeled Armored Vehicles
4) Specialized Firearms and Ammunition Under .50 Cal (excluded firearms and
ammunition for service -issued weapons)
5) Explosives and Pyrotechnics
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F. LEAs that request items in Paragraph E above must provide all required information outlined
on the LESO request form. Among other specific requirements identified in these documents,
LEAs will be required to certify and submit a detailed written justification with a clear and
persuasive explanation of the need for the property and the law enforcement purposes it will
serve.
G. The (LEA name) Anna Police Department must maintain and enforce
regulations designed to impose adequate security measures for controlled property to mitigate the
risk of loss or theft.
H. Under no circumstances will controlled property be sold or otherwise transferred to non -U.S.
persons, or exported. All transfers must be approved by the State and DLA Disposition Services
LESO.
I. Cannibalization requests for controlled property must be submitted in writing to the State,
with final approval by the LESO. The LESO will consider cannibalization requests on a case-by-
case basis.
J. The LESO conditionally transfers all excess DOD property to States / LEAs enrolled in the
LESO Program. Title or ownership of controlled property will remain with the LESO in
perpetuity and will not be relinquished to the LEAs. When the LEA no longer has legitimate law
enforcement uses for controlled property, th& LEA must notify the State, who will then notify the
LESO, and the controlled property must either be transferred to another enrolled LEA (via standard
transfer process) or returned to DLA Disposition Services for disposal. The LESO reserves the
right to recall controlled and non -controlled property issued through the LESO Program at any
time.
K. Property with a DEMIL Code of "A" and "Q6" is also conditionally transferred to the LEA.
However, after one year from the Ship Date, the LESO will relinquish ownership and applicable
title to the LEA. Prior to this date, the State and LEA remains responsible for the accountability
and physical control of the item(s) and the LESO retains the right to recall the property.
Applicable title and/or ownership will not be relinquished to any property with DEMIL Code of
"Q6" that is controlled property identified in Paragraph III E.
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1) rProperty with DEMIL Code of "A" and "Q6" will automatically be placed in an
archived status on the LEAs property book upon meeting the one year mark.
2) rOnce archived, the property is no longer subject to annual inventory requirements
and will not be inventoried during a LESO Program Compliance Review (PCR).
3) rOwnership and/or applicable title of DEMIL "A" and/or "Q6" items that have
been archived will pass automatically from the LESO to the LEA when they are
archived at the one year mark (from Ship Date) without issuance of any further
documentation.
4) rLEAs receive ownership and/or applicable title of DEMIL "A" and/or "Q6"
items as governmental entities. Title and ownership of DEMIL "A" property does
not pass from DOD to any private individual or LEA official in their private
capacity. Accordingly, such property should be maintained and ultimately
disposed of in accordance with provisions in State and local law that govern
public property. Sales or gifting of DEMIL "A" and/or "Q6" property after the
one year mark in a manner inconsistent with State or local law may constitute
grounds to deny future participation in the LESO Program.
L. The LEAs are not authorized to transfer controlled property or DEMIL Code "A" or "Q6"
property assigned to their inventory without LESO notification and approval. Property will
not physically move until the State and LESO approval process is complete.
IV. ENROLLMENT
A. An LEA must have at least one full-time compensated law enforcement officer in order to
enroll and/or receive property via the LESO Program. Only full-time and part-time law
enforcement officers are authorized to receive property. Reserve officers are not authorized to
receive property.
1) rThe LEA shall submit an updated Application Packet to the State Coordinator's
office no later than September 1 each year and/or any time there is a change in
personnel or LEA contact information. Failure to do so may result in suspension
and/or termination from the program.
2) rOnce approved for participation in the program, at least one of the LEA's authorized
screeners must attend a mandatory training class prior to any requests for property
being approved. The class will be conducted free of charge to the LEA and will be
held at a location determined by the State Coordinator's office.
3) rLEA transfer of responsibility -- program property assigned to the LEA. A change in
the Chief Law Enforcement Official (CLEO), due to any reason, will not relinquish
responsibility from the LEA for properly maintaining existing program property in
the LEA's possession. If the new CLEO does not wish to be responsible for existing
property, they shall notify the State Coordinator's office in writing that they wish to
return the equipment to the nearest Disposition Site or transfer it to a qualifying
LEA. The new CLEO remains responsible for existing property until the property is
officially transferred or returned.
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B. The State shall:
1) Implement LESO Program eligibility criteria in accordance with 10 USC § 2576a,
DLA Instructions and Manuals, and the DLA MOA the State signs.
2) rReceive and process applications for participation from LEAs currently
enrolled and those LEAs that wish to participate in the LESO Program.
3) rReceive and recommend approval or disapprove LEA applications for
participation in the LESO Program. The State Coordinators have sole discretion
to disapprove LEA applications on behalf of the Governor of their State. The
LESO should be notified of any applications disapproved at the State Coordinator
level. The State Coordinator will only forward and recommend certified LEAs to
the LESO that are government agencies whose primary function is the
enforcement of applicable Federal, State, and local laws and whose compensated
officers have the powers of arrest and apprehension. The LESO retains final
approval / disapproval authority for all LEA applications forwarded by State
Coordinators.
4) nEnsure LEAs enrolled in the LESO Program update the LEAs account information
annually (accomplished during the FY Annual Inventory in the Federal Excess
Property Management Information System [FEPMIS]).
5) iRrovide a comprehensive overview of the LESO Program to all LEAs once they
are approved for enrollment. This comprehensive overview must be done within
thirty (30) days and include, verbatim, the information contained in
Paragraph III E of this SPO.
6) nEnsure that screeners of property are employees of the LEA. Contractors may
not conduct screening on behalf of the LEA.
7) rEnsure that at least one person per LEA maintains access to the FEPMIS.
Account holders must be employees of the LEA.
V. ANNUAL INVENTORY REQUIREMENTS
A. Per the DLA Instructions and Manuals and the DLA MOA, each State and participating LEA
within is required to conduct an annual inventory certification of controlled property, which
includes DEMIL "A" and "Q6" for one (1) year from Ship Date. Annual inventories start on
October 1 of each'year and end November 15 of each year.
B. The State shall:
1) rReceive, validate, and reconcile incoming certified inventories from the LEAs.
2) nEnsure LEAs provide serial numbers and photos identified during the annual
inventory process for inclusion in the LESO property accounting system for all
controlled property identified in Paragraph III E, small arms and other unique
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items as required.
3) Suspend the LEA as a result of the LEAs failure to properly conduct and/or certify
and submit certified inventories, according to the aforementioned requirements.
C. The LEA shall:
1) hComplete the annual physical inventory as required.
2) hProvide serial numbers and photos identified in the annual inventory process for
inclusion in the LESO property accounting system for all controlled property
identified in Paragraph III E, small arms and other unique items, as required.
3) Wertify the accountability of all controlled property received through the LESO
Program annually by conducting and certifying the physical inventory. The LEA
must adhere to additional annual certification requirements as identified by the LESO,
a. hThe State requires each LEA to submit certified inventories for their Agency
by November 15 of each year. The Fiscal Year (FY) is defined as October l
through September 30 of each year. This gives the LEA nearly two (2) months
to physically inventory LESO Program property in their possession and submit
their certified inventories to the State Coordinators.
(1) The LESO requires a front or side and data plate photo for
Aircraft and Tactical Vehicles that are serial number controlled,
received through the LESO Program.
(2) The LESO requires serial number photos for each small arm
received through the LESO Program.
b. hThe LEAs failure to submit the certified annual inventory by November 15 may
result in the agency being suspended from operations within the LESO
Program. Further failure to submit the certified annual inventory may result in
a LEA termination.
4) We aware that High Profile Commodities (Aircraft, Tactical Vehicles and Small
Arms) and High Awareness (controlled) property are subject to additional controls.
VI. PROGRAM COMPLIANCE REVIEWS
A. The LESO conducts a Program Compliance Review (PCR) for each State that is enrolled in
the LESO Program every two (2) years. The LESO reserves the right to require an annual PCR,
or similar inspection on a more frequent basis for any State. The LESO PCRs are performed in
order to ensure that State Coordinators, SPOCs and all LEAs within a State are compliant with the
terms and conditions of the LESO Program as required by 10 USC § 2576a, DLA Instuctions and
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Manuals, and the DLA MOA signed by the State.
1) rif a State and/or LEA fails a PCR, the LESO will immediately suspend their
operations and will subsequently issue corrective actions (with suspense dates)
to the State Coordinator, which will identify what is needed to rectify the
identified deficiencies within the State and/or LEA.
2) nlf a State and/or LEA fails to correct identified deficiencies by the given suspense
dates, the LESO will move to terminate the LESO Program operations within the
State and/or LEA.
B. The State shall:
1) Support the LESO PCR process by:
a. nContacting LEAs selected for the PCR review via phone and/or email to
ensure they are aware of the PCR schedule and prepared for review.
b. nReceiving inventory selection from the LESO. The LEA POCs shall gather
the selected items in a centralized location to ensure that the LESO can
efficiently inventory the items,
c. nProviding additional assistance to the LESO as required, prior to and during
the course of the PCR.
2) nConduct internal Program Compliance Reviews of LEAs participating in the LESO
Program in order to ensure accountability, program compliance and validate annual
inventory submissions are accurate. The State Coordinator must ensure an internal
PCR of at least 5% of LEAs that have a property book from the LESO Program
within his / her State is completed annually, This may result in a random review of
all or selected property at the LEA.
a. nThe internal PCR will include, at minimum:
(1) A review of each selected LEAs LESO Program files.
(2) A review of the signed State Plan of Operation (SPO).
(3) A review of the LEA application and screener's letter.
(4) A physical inventory of the LESO Program property at each
selected LEA.
(5) A specific review of each selected LEAs files for the following:
DD Form 1348-1 A for each item currently on inventory, small arms
documentation, transfer documents, turn -in documents, inventory
adjustment documents, exception to policy letters (if any), approved
cannibalization requests (if any), and other pertinent documentation as
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required.
b. dThe State and/or LEA will bear all expenses related to the repossession
and/or turn -in of LESO Program property to the nearest DLA Disposition
Services site.
VII. STATE PLAN OF OPERATION (SPO)
A. The State shall:
1) Identify, establish, and issue minimum criteria to be included in the SPO for the
State and each participating LEA.
2) cEstablish a State Plan of Operation, developed in accordance with Federal and
State law, and conforming (at minimum) to the provisions of the DLA Instruction
and Manuals and the DLA MOA.
a. dThe SPO will include detailed organizational and operational authority
including: staffing, budget, facilities, and equipment that the State believes
is sufficient to manage the LESO Program within their State.
b. dThe SPO must address procedures for making determinations of LEA
eligibility, allocation, and equitable distribution of material, accountability
and responsibility concerning excess DOD personal property, inventory
requirements, training and education, State -level internal Program
Compliance Reviews (PCR), and procedures for turn -in, transfer, and
disposal.
2) dEnter into written agreement with each LEA, via the LESO approved State Plan of
Operation, to ensure the LEA fully acknowledges the terms, conditions, and
limitations applicable to property transferred pursuant to this agreement. The State
Plan of Operation must be signed by the Chief Law Enforcement Official (CLEO),
or assigned designee of the respective LEA, the local Civilian Governing Body
Official and the current State Coordinator.
3) Request that the LESO Suspend or Terminate an LEA(s) from the LESO Program
when an LEA fails to comply with any term of DLA MOA, the DLA Instruction
and Manuals, any Federal statute or regulation, or the State Plan of Operation.
VIII. REPORTING REQUIREMENTS FOR LOST, MISSING, STOLEN, DAMAGED
OR DESTROYED LESO PROGRAM PROPERTY
A. All property Lost, Missing, Stolen, (LMS) damaged, or destroyed carried on a LEA's current
inventory must be reported to the LESO.
1) dControlled property must be reported to the State and the LESO within twenty-four
(24) hours. The aforementioned property may require a police and National Crime
Information Center (NCIC) report submitted to the LESO.
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2) Property with a DEMIL Code of "A" and "Q6" must be reported to the State and
the LESO within seven (7) days.
3) oAll reports are subject to review by the DLA Office of the Inspector General
(OIG).
B. LESO may grant extensions to the reporting requirements listed above on a case-by-case
basis.
IX. AIRCRAFT AND SMALL ARMS
A. All aircraft are considered controlled property, regardless of DEMIL Code. Aircraft may
not be sold and must be returned to the LESO at the end of their useful life. This State Plan of
Operation ensures that all LEAs and all subsequent users are aware of and agree to provide all
required controls and documentation in accordance with applicable laws and regulations for
these items.
B. LEAs no longer requiring small arms issued through the LESO Program must request
authorization to transfer or turn -in small arms. Transfers and turn -ins must be forwarded and
endorsed by the State Coordinator's office first, and then approved by the LESO. Small Arms
will not physically transfer until the approval process is complete.
C. Small Arms that are issued must have a documented chain of custody, with the chain of
custody including a signature of the receiving officer indicating that he / she has received the
appropriate small arm(s) with the correct, specific serial number(s). Small Arms that are issued
to an officer will be issued utilizing an Equipment Custody Receipt (ECR); this Custody Receipt
obtains the signature of the officer responsible for the small arm.
X. RECORDS MANAGEMENT
The LESO, State Coordinator, and LEAs enrolled in the LESO Program must maintain all records
in accordance with the DLA Records Schedule. Records for property acquired through the LESO
Program have retention controls based on the property's DEMIL Code. All documents
concerning a property record must be retained.
1) Property records for items with DEMIL Code of "A" and "Q6" must be retained for
two (2) calendar years from the date the property is removed from the LEA's
property book before being destroyed.
2) Property records for controlled property must be retained for five (5) calendar years
from the date the property is removed from the LEA's property book before being
destroyed.
3) Environmental Property records must be retained for fifty (50) years, regardless of
DEMIL Code (Chemicals, Batteries, Hazardous Material / Hazardous Waste).
4) LESO Program files must be segregated from all other records. o
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5) 'All property records must be filed, retained, and destroyed in accordance with DLA
Records Schedule. These records include, but are not limited to, the following:
DD Form 1348-1A, requests for transfer, turn -in, or disposal, approved Bureau of
Alcohol, Tobacco, Firearms and Explosives (BATFE) Forms 10 and 5, Certificate of
Aircraft Registration (AC Form 8050-3), Aircraft Registration Application
(AC 8050-1) and any other pertinent documentation and/or records associated with
the LESO Program.
XI. LESO PROGRAM ANNUAL TRAINING
A. 10 USC § 380 provides that the Secretary of Defense, in cooperation with the U.S. Attorney
General, shall conduct an annual briefing of law enforcement personnel of each state. The briefing
will include information on training, technical support, equipment, and facilities that are available
to civilian law enforcement personnel from the Department of Defense.
B. The State shall organize and conduct training pertaining to information, equipment, technical
support and training available to LEAs via the LESO Program.
C. The State shall ensure at least one representative (i.e. the State Coordinator or SPDC) attend
the annual training that the LESO conducts.
XII. PROPERTY ALLOCATION
A. The State Shall:
1) 'Provide the LEA with a website that will afford timely and accurate guidance,
information, and links for all LEAs who work, or have an interest in, the LESO
Program.
2) Upon receipt of a valid State / LEA request for property through the DLA
Disposition Services RTD website, a preference will be given to those applications
indicating that the transferred property will be used in the counter -drug, counter-
terrorism, or border security activities of the recipient agency. Additionally, to the
greatest extent possible, the State will ensure fair and equitable distribution of
property based on current LEAs inventory and justification for property.
3) 'The State and the LESO reserve the right to determine and/or adjust allocation limits.
Generally, no more than one of any item per officer will be allocated to an LEA.
Quantity exceptions may be granted on a case-by-case basis by the LESO.
Currently, the following quantity limits apply:
a. ' Small Arms: one (1) type for each qualified officer, full-time / part-time;
b. ' HMMWWs: one (1) vehicle for every three (3) officers;
c. ' MRAPs: one (1) vehicle per LEA.
4) 'The State and the LESO reserve final authority on determining the approval and/or
disapproval for requests of specific types and quantities of excess DOD property.
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B. The LEA shall: Y
1) )Ensure an appropriate justification is submitted when requesting excess DOD
property via the LESO Program and will ensure LESO Program property will be
used for the law enforcement activity and for law enforcement purposes only within
his / her State and agency,
2) When requesting property, provide a justification to the State and the LESO on how
the requests for property will be used in counter -drug, counter -terrorism, or border
security activities of the recipient agency. Additionally, the LEA should be fair and
equitable when making requisitions based on current LEA inventory and the
justification for property. Generally, no more than one of any item per officer will
be allocated.
3) )Ensure screeners of property are employees of the LEA. Contractors may not
conduct screening on behalf of the LEA.
4) )Obtain access to FEPMIS to ensure the property book is properly maintained, to
include but not limited to transfers, turn -ins, and disposal requests and to generate
these requests at the LEA level and forward all approvals to the State for action.
5) )Ensure at least one person per LEA maintains access to FEPMIS. FEPMIS account
holders must be employees of the LEA.
XIII. PROGRAM SUSPENSION & TERMINATION
A. The State and LEA are required to abide by the terms and conditions of the DLA MOA in
order to maintain active status.
B, The State shall:
1) )Suspend LEAs for a minimum of sixty (60) days in all situations relating to the
suspected or actual abuse of LESO Program property or requirements and/or
repeated failure to meet the terms and conditions of the DLA MOA. Suspension
may lead to TERMINATION.
2) Whe State and/or the LESO have final discretion on reinstatement requests.
Reinstatement to full participation from a suspension and/or termination is not
automatic,
3) )In coordination with the LESO, issue corrective action guidance to the LEA with
suspense dates to rectify issues and/or discrepancies that caused suspension and/or
termination.
4) Require the LEA to submit results regarding all completed police investigations
and/or reports regarding lost, missing, stolen and/or damaged LESO Program
property, to include the LEAs Corrective Action Plan (CAP).
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5) Suspend or terminate an LEA from the LESO Program if an LEA fails to comply
with any term of the DLA MOA, the DLA Instruction and Manuals, any Federal
statute or regulation, or the State Plan of Operation.
a. [ In the event of an LEA termination, the State Coordinator will make every
attempt to transfer the LESO Program property of the terminated LEA to an
authorized State or LEA, as applicable, prior to requesting a tum -in of the
property to the nearest DLA Disposition Services location.
b. [ In cases relating to an LEA termination, the LEA will have ninety (90) days
to complete the transfer or tum -in of all LESO Program property in their
possession.
C. [The LEA shall:
1) Notify the State Coordinator's office and initiate an investigation into any
questionable activity or actions involving LESO property issued to the LEA that
comes to the attention of the CLEO, and is otherwise within the authority of the
Governor / State to investigate. LEAs must understand that the State Coordinators,
acting on behalf of their Governor, may revoke or terminate their concurrence for
LEA participation in the LESO Program at any time, and for any reason.
2) [Understand that the State may suspend LEA(s) and/or LEA POC(s) from within their
State, based upon their findings during internal Program Compliance Reviews and/or
spot checks at the State level.
3) [Initiate corrective action to rectify suspensions and/or terminations placed upon the
LEA for failure to meet the terms and conditions of the LESO Program.
4) [Be required to complete and submit results regarding all completed police
investigations and/or reports regarding lost, missing, stolen and/or damaged LESO
Program property. The LEA must submit all documentation to the State and the
LESO upon receipt.
5) [Provide documentation to the State and the LESO when actionable items are
rectified for the State and/or LEA(s).
6) [The LEAs Chief Law Enforcement Official must request reinstatement as required,
via the State Coordinator or SPOC(s), to full participation status at the conclusion of
a suspension period.
XIV. COSTS & FEES
1) [All costs associated with the transportation, turn -in, transfer, repair, maintenance,
insurance, disposal, repossession or other expenses related to property obtained
through the LESO Program is the sole responsibility of the LEA. In the event an
agency is dissolved or disbanded and no civilian governing body exists, the costs
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associated with the transportation and turn -in of all property in the possession of the
dissolved or disbanded LEA then becomes responsibility of the State.
XV. NOTICES
Any notices, communications, or correspondence related to this agreement shall be provided by E-
mail, the United States Postal Service, express service, or facsimile to the State Coordinators office
or cognizant DLA office. The LESO may, from time to time, make unilateral modifications or
amendments to the provisions of this SPO. Notice of these changes will be provided to State
Coordinators in writing. Unless State Coordinators take immediate action to terminate this SPO
in accordance with Section XVIII, such modifications or amendments will become binding. In
such cases, reasonable opportunity will, insofar as practicable, be afforded the State Coordinator
to conform changes affecting their operations.
XVI. ANTI -DISCRIMINATION
A. By signing this SPO, or accepting excess DOD personal property under this SPO, the State
pledges that it and each LEA agrees to comply with applicable provisions of the following
national policies prohibiting discrimination,
1) On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of
1964 (42 USC 2000d et seq.) as implemented by DOD regulations 32 CR Part 195.
2) g0n the basis of age, in the Age Discrimination Act of 1975 (42 USC 6101, et seq) as
implemented by Department of Health and Human Services regulations in 45 CFR
Part 90.
3) gOn the basis of handicap, in Section 504 of the Rehabilitation Act of 1973, P.L. 93-
112, as amended by the Rehabilitation Act Amendments of 1974, P.L. 93-516 (29
USC 794), as implemented by Department of Justice regulations in 28 CFR Part 41
and DOD regulations at 32 CFR Part 56.
B. These elements are considered the minimum essential ingredients for establishment of a
satisfactory business agreement between the State and the DOD.
XVII. INDEMNIFICATION CLAUSE
The LEA is required to maintain adequate insurance to cover damages or injuries to persons or
property relating to the use of property issued under the LESO program. Self-insurance by the LEA
is considered acceptable. The U.S. Government and the Texas Department of Public Safety
assumes no liability for damages or injuries to any person(s) or property arising from the use of
property issued under the LESO program. It is recognized that State and local law generally limit
or preclude State Coordinators / LEAs from agreeing to open-ended indemnity provisions.
However, to the extent permitted by State and local laws, the LEA shall indemnify and hold the
U.S. Government and the Texas Department of Public Safety harmless from any and all actions,
claims, debts, demands, judgments, liabilities, cost, and attorney's fees arising out of, claimed on
account of, or in any manner predicated upon loss of, or damage to property and injuries, illness or
disabilities to, or death of any and all persons whatsoever, including members of the general
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public, or to the property of any legal or political entity including states, local and interstate
bodies, in any manner caused by or contributed to by the LEA, its agents, servants, employees, or
any person subject to its control while the property is in the possession of, used by, or subject to
the control of the LEA, its agents, servants, or employees after the property has been removed
from U.S. Government control.
XVIII. TERMINATION
A. This SPO may be terminated by either party, provided the other party receives thirty (30) days'
notice, in writing, or as otherwise stipulated by Public Law.
B. The undersigned State Coordinator, Chief Law Enforcement Official and Civilian Governing
Body Official hereby agree to comply with all provisions set forth herein and acknowledge that
any violation of the terms and conditions of this SPO may be grounds for immediate termination
and possible legal consequences, to include pursuit of criminal prosecution if so warranted.
XIX. IN WITNESS THEREOF, the parties hereto have executed this agreement as of the last
date written below.
Jeff A. Caponera / Chief of Police
Type/ Print Chief Law Enforcement Official Name
(Chief, Sheriff, Constable etc)
Chief Law En orcement Official Signature
Maurice Schwanke / Interim Citv Manaaer
Type/Print Civilian Governing Body Authorized Official
ayor, City Mana er, County Judge etc)
CGB Authorized Official Signature
Mike Lesko
Type / Print State Coordinator Name
State Coordinator Signature
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Date (MM/DD/YYYY)
Date (MM/DD/YYYY)
Date (MM DD YYYY)
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