HomeMy WebLinkAboutRes 2020-08-774 Granting Approval and Renewal of the Application for Continued Participation in the Law Enforcement Support Office ProgramA RESOLUTION OF THE CITY OF ANNA, TEXAS GRANTING APPROVAL AND RENEWAL
OF THE APPLICATION FOR CONTINUED 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. �94 PAGE 1 OF 2
AGREEMENT FOR LESO PROGRAM
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this I I day
of August, 2020.
ATTEST:
APPROVED:
City Secretary Carrie L. Smith Mayor Nate Pike UA
1 � •
RESOLUTION NO. 'i"i` PAGE 2 OF 2
AGREEMENT FOR LESO PROGRAM
DEFENSE LOGISTICS AGENCY
DISPOSITION SERVICES
74 WASHINGTON AVENUE NORTH
f „ BATTLE CREEK, MICHIGAN 49037-3092
Law Enforcement Support Office (LESO)
-r--�- I Application for Participation / Authorized Screeners Letter
* Indicates Required Fields
(This form is for State/Local Law Enforcement Agencies only)
SECTION 1:
s
*Originating Agency Identifier (ORI) Number (if applicable) �TM432600
*Agency Name: Anna Police Department
*Agency Physical Address: 101 S. Powell Parkway *city: lAnna
*NCIC P.O. Box or address (if different than above i.e. Terminal Location): 14300 Community Ave McKinney
*Phone#: �(g72) 547-5100 Fax#: ((972) 547-5193
*State: ITx *Zip Code: �75071 *Email: ewhltfleld@co.collin.tx.us
Note: Email is needed for
automated system notifications.
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. Part-time field MUST be filled in: N/A, 0 or - is acceptable.
*Full-time: =20 *Part-time: 10
RTD Screener -RTD Screeners
must be employed
6y the aforementioned LEA. Individuals identified
below may request access to act as an
authorized "RTD Screener" on
behalf of this Law
Enforcement Agency. Agency MUST have at least
1 RTD Screener.
Chief of Police � Jeff _ ----_ _ Caponera
*#1 *Official Title / Rank *First Name *Last Name
jcaponera@annatexas.gov (972) 924-2848 Aircraft/Small ArmsNehicle)
*Email *Phone Number POC (Aircraft/Small Arms/Vehicle)
;Sergeant jChad ;Butler
#Z *Official Title / Rank *First Name *Last Name
cbutler@annatexas.gov (972) 924-2848 jAircraft/Small ArmsNehicle)`
*Email *Phone Number POC (Aircraft/Small Arms/Vehicle)
i l
l
#3 *Official Title / Rank *First Name *Last Name
*Email *Phone Number POC (Aircraft/Small Arms/Vehicle)
I
#4 *Official Title / Rank *First Name(( *Last Name
-- L.
*Email *Phone Number POC (Aircraft/Small Arms/Vehicle)
Page 1 of 2 (Application Versi��t11�429�8�56
SECTION 2:
RESERVED FOR LAW ENFORCEMENT AGENCY USE ONLY
Law Enforcement Agency/Activity -The
LESO Program defines this as
a Governmental agency/activity 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
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.
✓, I am signing this document as the CLEO of this law enforcement agency.
*(Check only one):
In my official position or as 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 signing this application, 1 certify that my Agency will comply with U.S. Code 2576a for all controlled property, which states; 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, including
auditing and accountability policies; and that it provides annual training to relevant personnel on the maintenance, sustainment, and
appropriate use of controlled property. 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 § 1001.
Chief of Police Jeff Caponera
*TITLE *PRINTED NAME: FIRST & LAST
jcaponera@annatexas.gov
*EMAIL
SECTION 3:
SECTION 4:
RESERVED FOR STATE COORDINATORS OFFICE USE ONLY
/' *SIGNA'fL
8/11/20
*DATE
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.
I certify that all information
contained in this
application
is valid and accurate.
Mike Lesko
*PRINTED NAME FIRST &LAST
*SIGNATURE
RESERVED FOR LESO USE ONLY
*DATE
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:
LESO Notes:
*Screener letter is valid one year from this date:
*SIGNATURE Note: Once this Screener letter has expired, agency can request
a new Screener letter (LESO AUTHORIZATION SCREENER
LETTER, v.MARCH 2O18) only through their SC/SPOC.
Page z of 2 (Application Versio�'�g 1(1a�C��256
STATE PLAN OF
OPERATION 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
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 under
10 U.S.C. § 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 U.S.C. § 2576a to transfer to Federal and State/Territory
Law Enforcement Agencies (LEAs), personal property that is excess to the needs of the DoD, including
small arms and ammunition, 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 Secretary of Defense has delegated authority for
management of this Program to the Defense Logistics Agency (DLA). DLA defines law enforcement
activities as activities performed by governmental agencies whose primary function is the enforcement
A applicable Federal, State/Territory, and local laws and whose compensated law enforcement officers
have powers of arrest and apprehension. This program is luiown as the Law Enforcement Support
Program and commonly referred to as the "LESO Program" or "1033 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 31, 2018
to implement this program statewide as well as conduct management and oversight of this program.
Funding / Budgeting to administer this program is provided by the Department of Public Safety of the
State of Texas.
The provided funding is used to support assistance to the LEAS with customer service to include
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 (SPOC): Rolando Ayala
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State Point of Contact (SPOC): Laurie Patterson
State Point of Contact (SPOC): John Riddik l
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
E-Mail /Contact Phone Numbers: txlesopro rg am(a�dps.texas.gov (512) 424-7590
Hours of Operation: 7:00 am — 5:00 pm
B. All property is transferred and the recipient (LEA name) AClna POIICe Depai`�CTleClt
agrees to accept property on an as -is, where4s basis. The DLA has final authority to determine the type,
quantity, and allocation of excess DoD personal property suitable for law enforcement activities.
C. This agreement creates no entitlement to the State or Territory to receive excess DoD personal property.
DLA retains the right to recall any property during the period that it is conditionally transferred.
D. The (LEA name) Anna Police Department understands that property made available
under this agreement is for the use of authorized program participants only. Authorized participants who
receive property from the LESO Program will not loan, donate, or otherwise provide property to other
groups or entities that are not otherwise authorized to participate in the Program. Authorized
participating agencies may, with prior approval from the State/Territory on a temporary basis,
conditionally loan property to another participating agency as their mission requires, utilizing an
Equipment Custody Receipt (ECR). Property temporarily loaned will be returned to the LEA responsible
for the accountability. All requests for property will be based on bona fide law enforcement
requirements.
E. Controlled property (equipment) includes any property that has a Demilitarization (DEMIL) Code of B,
To receive such property, on an annual basis the LEA will certify (Ref: 10 U.S. Code § 2576a):
11 That it has obtained the authorization of the relevant Civilian Governing Body Official
(city council, mayor etc.) to participate in the program.
2) That it has adopted publicly available protocols for the appropriate use of controlled
property, the supervision of such use, and the evaluation of the effectiveness of such use,
including auditing and accountability policies.
3) That it provides annual training to relevant personnel on the maintenance, sustainment, and
appropriate use of controlled property.
F. The (LEA name) Anna POIICe Department will maintain and enforce regulations designed
to impose adequate security and accountability measures for controlled property to mitigate the risk of loss
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or theft.
G. Upon approval of written requests, cannibalization may be performed on approved aircraft, armored
vehicles, and High Mobility Multipurpose Wheeled Vehicles (HMMWVs). Requests will be submitted
in writing to the State and approved by the LESO for approval. The cannibalized end item must be
returned to DLA Disposition Services within the allotted timefr•ames determined by the LESO.
H. The LESO conditionally transfers all excess DoD property to States/Territories/LEAs enrolled in the
LESO Program. Title or ownership of controlled property will remain with the DoD in perpetuity and
will not be relinquished to the States/Territories/LEAs. When the States/Territories/LEAs no longer have
a legitimate law enforcement use for controlled property, the States/Ten-itories/LEAS will 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 DLA at any time.
I. Property with a DEMIL Code of "A" and "Q" with an Integrity Code of "6" (Q6) is also conditionally
transferred to the State/LEA, yet controlled for one year from the ship date. However, after one year
from the ship date, the DLA will relinquish ownership and title to the State/Territory/LEA. Prior to this
date, the State/Territory/LEA remains responsible for the accountability and physical control of the
item(s) and the Program retains the right to recall the property.
1) Property with DEMIL Codes of "A" and "Q6" will be placed in a closed status on the
LEA's LESO inventory upon meeting the one year mark.
2) Once closed, the property is no longer subject to the annual inventory requirements and will
not be inventoried during a LESO Program Compliance Review (PCR).
3) Ownership and title of DEMIL "A" and "Q6" items that have been closed will pass fi•om the
DoD to the LEA one year fl•om the ship date, without issuance of any further documentation.
4) LEAs receive title and ownership of DEMIL "A" and "Q6" items as governmental
entities. Title and ownership of DEMIL "A" and "Q6" property does not pass fiom 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/Territory and local laws that govern public property. Sales or gifting of
DEMIL"A" and "Q6" property after one year from the ship date in a manner inconsistent
with State/Territory or local law may constitute grounds to deny future participation in
the LESO Program.
5) An SF 97 form will be provided upon physical transfer for vehicles. Recipients are
authorized to make upgrades to vehicles during the one year conditional period. Full title
to DEMIL "A" and "Q6" property, including vehicles, will vest in the recipient after one
year if all other requirements of this agreement have been met. After the one year period
DEMIL "A" and "Q6" items may be transferred, cannibalized for usable parts, sold,
donated or scrapped.
J. LEAs are not authorized to transfer any property on their inventory without State and LESO
notification and approval. Property will not physically move until the LESO approval process is
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complete.
K. Certain controlled equipment will have a documented chain of custody (e.g., Equipment Custody
Receipt [ECR] or equivalent), including a signature of the recipient. Controlled equipment
requiring a chain of custody are: small arms, aircraft, high profile vehicles, optics, robots, and
small arm's parts/accessories. It is encouraged to utilize ECRs for all controlled equipment.
Regarding ECRs during a LESO PCR, see section VI, A, 4.
L. Sale or transfer of DEMIL Codes "A" or "Q6" property after the one year conditional holding and
utilization period to non -LEA participants will be executed in compliance with U.S. Export Control
Regulations.
1) Excess personal property maybe export -controlled, regardless of the assigned DEMIL Code and
regardless of the Department or Agency that donates the property.
2) DEMIL, Codes are not a substitute for export controls. They do not provide information on the
export control requirements for an item.
3) The Transferee is responsible for complying with U.S. Export Control Laws and Regulations,
including the Export Administration Regulations (EAR) (15 C.F.R. Pts. 730-774) and the
International Traffic in Arms Regulations (TTAR) (22 C.F.R. Pts. 120430).
a) This responsibility exists independent of, and is not established or limited by, the
information provided in this statement of compliance.
b) The responsibility includes, but is not limited to, determining the subsequent transferee's
eligibility to receive such items in accordance with U.S. Export Control Laws and
Regulations.
c) Information on the EAR and ITAR are at: https://www.bis.doc.gov/index.php and
https://www.pmddtc.state.gov/index.html.
i. If Transferee has doubts about which regulation governs control of the item, they
may submit a commodity jurisdiction request to the Department of State,
Directorate of Defense Trade Controls to determine whether it is subject to the
ITAR or EAR. Information on commodity jurisdiction requests can be found at:
hgp://www.pmddtc.state.goy/commodity jurisdiction/index.html.
ii. If Transferee is sure the item is subject to the EAR, but needs help determining the
correct Export Control Classification Number (ECCN), they may submit a
commodity classification request to the Department of Commerce, Bureau of
Industry and Security (BIS). Information on classification requests can be found at:
https://www.bis.doc.gov/index.php/licensing/commerce-control-list-
classification/classification-request-guidelines
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is For items subject to the EAR: Transferee is cautioned that prior to sale or
transfer of items they should be familiar with their customer and intended end
use of the items. Transferees must check prospective Transferees/buyers to
ensure they are not on the Department of Commerce List of Parties of Concern
(h! tps://www.bis.doc.gov/index.php/polioguidance/lists-of-parties-of-
concern) and the transfer/sale complies with the EAR, including 15 C.F.R. Pit.
736. BIS Export Compliance Guidelines are at:
https://www.bis.doc.gov/index.php/forms-documents/pdfs/1641-ecp/f lele
4) The Transferee must notify all subsequent buyers or Transferees in v�niting, of their responsibility
to comply with U.S. Export Control Laws and Regulations.
5) Definition. "Export -controlled items," as used in this statement of compliance, means items
subject to the Export Administration Regulations (EAR) (15 C.F.R. Pts. 730-774) or the
International Traffic in Arms Regulations (ITAR) (22 C.F.R. Pts. 120430). The term includes:
a) "Items," defined in the EAR 15 C.F.R. Pt.772.1. as "commodities", "software", and
"technology."
b) "Defense Articles, Defense Services, and related Technical Data defined in the
ITAR, 22 C.F.R. Pt. 1206
IV. ENROLLMENT
A. An LEA will have at least one full-time 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. Non -compensated reserve officers are not authorized to receive
property. State law enforcement training facilities/academies may be authorized to participate in the
program given the primary function is the training of bona fide State/Territory and Local law
enforcement officers. Law enforcement training facilities/academies will be reviewed and approved
for participation on a case -by -case basis via concurrence of DLA Disposition Services, DLA General
Counsel, and DLA J349.
1) The LEA will submit an updated Application Packet to the State Coordinator's office no
later than June 15 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) Once 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. Screeners who may have been
previously employed by and screeners for other LEAs, might still be required to attend
training as this training qualifies the agency, not the individual.
3) LEA 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 will notify the State Coordinator's office in writing that they wish to return the
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property to their assigned Disposition Site and/or transfer it to a qualifying LEA. The new
CLEO remains responsible for existing property until the property is officially transferred
or returned.
B. Unauthorized Participants. Nongovernmental law enforcement entities such as private railroad police,
private security, private academies, correctional departments and prisons, or security police at private
schools or colleges. Fire departments, by definition, are ineligible for the Law Enforcement Support
Program.
C. The State will:
1) Establish and implement the LESO Program eligibility criteria in accordance with IO
U.S.C. § 2576a, DLA Instructions and Manuals regarding the LESO Program, and
this SPO.
2) Receive and process applications for participation from eligible LEAS within their state.
3) Collect originating agency identifier code for all new, reactivation (whether voluntary
separation or termination), and otherwise suspicious applications. Originating agency
identifier will be coordinated with DLA Office of the Inspector General (OIG) for validation
against the Federal Bureau of Investigation's National Crime Information Center database.
4) Ensure only authorized LEA applications for participation are submitted to the Program for
approval. Applications are required by the LESO Standard Operating Procedures (SOP) to be
submitted within 30 days of both the CLEO's and the State's/Territory's approved signature
and date.
5) Validate the authenticity of the LEAs within their State/Territory that are applying for
participation. If the State/Territory forwards an unauthorized participant application, this
may result in a formal suspension of the State/Territory.
6) Determine the qualifications of a full-time law enforcement officer.
7) Have sole discretion to disapprove LEA applications on behalf of the Governor of their
State/Territory. The LESO should be notified of any applications disapproved at the
State/Territory level. The State/Territory will only forward and recommend/certify LEAs
to the LESO that are government agencies whose primary function is the enforcement of
applicable Federal, State/Territory, 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 the States/Territories.
8) Ensure LEAS enrolled in the Program update the LEA's account information annually, or as
needed. This may require the LEA to submit an updated application. Updated applications are
required to be submitted for, but are not limited to, the following reasons: a change in CLEO, the
addition or removal of a screener, and/or a change in the LEA's address or contact information.
9) Provide a comprehensive overview of the Program to all LEAS once they are approved
for em•olhnent. This comprehensive overview will be done within 30 days of an LEA
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receiving the LESO's approval to participate.
10) Ensure that screeners of property are employees of the LEA. A screener may only screen
property for two Law Enforcement Agencies. Contractors may not conduct screening on
behalf of the LEA.
11) Ensure at least one person per LEA maintains access to the Federal Excess Property
Management Information System (FEPMIS), or current property accounting system.
Account holders will be employees of the LEA.
V. ANNUAL INVENTORY REQUIREMENTS
A. Per the DLA Instructions and Manuals regarding the LESO Program and this SPO, each State/Territory
is required to conduct an annual physical inventory certification of all property on the inventory.
Annual inventories start on July 1 of each year and end August 31 of each year.
1) DEMIL "A" and "Q6" property records will not be closed during the annual inventory.
B. The State will:
1) Receive and validate incoming certified inventories and reconcile inventories from
the LEAS.
2) Ensure LEAS validate and provide serial numbers and photos identified during the
annual inventory process for inclusion in the LESO property accounting system for all
aircraft, armored vehicles, small arms and other unique items, as required.
3) Suspend a LEA as a result of the LEA's failure to properly submit certified inventories,
according to the aforementioned requirements.
C. The LEA will:
1) Complete and certify the annual physical inventory as required for continued participation
in the program.
2) Adhere to additional annual certification requirements as identified by the LESO. All
inventories and certification statements will be maintained on file indefinitely.
a) The State requires each LEA to submit certified inventories for their agency by
August 31 of each year. Inventory certification in FEPMIS will begin July 1 of each
year. This gives the LEA two (2) months to physically inventory DLA LESO
Program property in their possession and submit their certified inventories to their
State Coordinator.
b) In addition to the certified inventories, the LESO requires photographs for all
High -profile commodities identified as aircraft, armored vehicles, small arms,
and other unique items as required, received through the Program.
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i. The LESO requires a side and data plate photo for aircraft and vehicles
that are serial number controlled, received through the Program.
ii. The LESO requires serial number photos for each small aim received
through the Program.
c) LEA3 that fail to submit the certified amlual inventorybyAugust 31 maybe
suspended from operations within the Program. When a LEA is suspended, a
Corrective Action Plan (CAP) will need to be submitted to the State and LESO
identifying all actions taken to correct the deficiencies. Further failure to submit
the certified annual inventory may result in a LEA's termination.
3) Be aware that High -profile commodities (aircraft, armored vehicles and small arms) and
other property may be subject to additional controls.
4) Ensure that an approved current SPO is uploaded in FEPMIS.
VI. PROGRAM COMPLIANCE REVIEWS
A. The LESO conducts a PCR for each State/Territory that is enrolled in the LESO Program every two (2)
years. The Program reserves the right to conduct no notice PCRs, or require an annual review, or
similar inspection, on a more frequent basis for any State/Territory. LESO PCRs are performed in order
to ensure that State Coordinators, SPOCs, and all LEAS within a State/Territory are compliant with the
terms and conditions of the LESO Program as required by 10 USC § 2576a, DLA Instruction and
Manuals regarding the LESO Program, and this SPO.
1) If a State/Territory 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 his/her State/Territory.
2) If a State/Territory and/or LEA fails to correct identified deficiencies by the given
suspense dates, the LESO will move to terminate the Program operations within the
State/Territory and/or LEA.
3) States/Territories and/or LEAS which fail a program compliance review will be suspended
for a minimum of 60 days and will not be reinstated until DLA conducts a re -inspection
on the State/Territory and the State/Territory and/or LEA successfully passes the
inspection.
4) During a LESO PCR, it is the Program's intent to physically inventory 100% of property
selected for review at each LEA. The use of ECRs in lieu of physical inspection is
discouraged during PCRs.
B. The State/Territory will:
1) Support the LESO PCR processby:
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a) Coordinating and forwarding completed VCR daily events schedule to the
selected LEAs to be reviewed.
b) Contacting LEAs selected for review via phone and email to ensure they are
aware of the PCR schedule and prepared for review.
c) Receiving inventory selections from the LESO and forwarding them to the selected
LEAs.
d) Ensuring the LEA Points of Contact (POCs) gather the selected items in a central
location to ensure the LESO can efficiently inventory the items.
e) Providing additional assistance to the LESO as required, prior to, during, and upon
completion of the PCR.
2) Conduct internal PCRs of LEAs participating in the Program in order to ensure
accountability, program compliance, program eligibility and validate annual inventory
submissions are accurate. The State/Territory will ensure an internal PCR of at least 5% of
LEAs that have a property book from the LESO Program within his/her State/Territory is
completed annually. Results of internal PCRs will be kept on file at the State Coordinator's
Office.
a) The internal PCR will include, atminimum:
i. A review of the SPO signed by both parties, ensuring that the SPO is uploaded
into the Station Management Utility within FEPMIS.
ii. A review of the LEA's application/screenerletter.
iii. A physical inventory of DLA LESO Program property selected for review at
each LEA.
iv. A specific review of each selected LEA's files for the following: DD Fonn
1348-1A for each item cui7•entiy on inventory, small arms documentation,
transfer documents, turn -in documents, inventory adjustment documents,
exception to policy letters (if any), approved cannibalization requests (if
any), or other pertinent documentation as required.
v. Review and confirm authenticity and eligibility of the LEA.
b) For uniformity purposes, the State/Territory will utilize a PCR checklist provided
by the LESO, or equivalent.
c) In cases that require a repossession or turn -in of property, the State/Territory
and/or LEA will bear all expenses related to the repossession and/or turn-
in/transfer of DLA LESO Program property to the appropriate DLA Disposition
Services site.
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VII. REPORTING REQUIREMENTS FOR LOST, STOLEN, OR DESTROYED DLA LESO
PROGRAM PROPERTY
A. it property Lost, Stolen or Destroyed (LSD), carried on a LEAs current inventory, must be
reported to the LESO.
1) LSD controlled property must be reported to the LESO wn 24 hours. The LEA maybe
required to provide the following:
a) A comprehensive police report
b) A National Crime Information Center (NCIC) report/entry
2) The State/Territory will provide the contact information for the Civilian Governing Body
over the LEA involved, to include: Title, Name, Email and mailing address.
3) LSD property with a DEMIL Code of "A" and "Q6" must be reported to the LESO
within seven days.
4) All LEAs participating in the program will agree to cooperate with investigations into LSD
by the DLA OIG.
5) ADD 200 Form, Financial Liability Investigation for Property Loss (FLIPL) will be required
to be submitted to the LESO for all unaccounted for property.
B. LESO may grant extensions to the reporting requirements listed above on a case -by -case basis.
VIII. AIRCRAFT AND SMALL ARMS
A. All aircraft are considered controlled property, regardless of DEMIL Code. The SPO will ensure 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 will request authorization to
transfer or ttun-in small arms. Transfers and turn -ins will be forwarded and endorsed by the
State/Territory, and approved by the LESO. Small arms will not physically move until the LESO
provides official notification that the approval process is complete.
When returning small arms to Anniston Army Depot, LEAs are required to:
1) Provide the 1348-1A turn in document that has been approved through the LESO.
2) Provide an appointment letter signed by the CLEO, or their designee, appointing the certifier
and verifier to that position (found on the LESO website).
3) Provide the inert certificate that has been signed by a qualified certifier and verifier.
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4) Insert a flag safety or chamber flag into the chamber for visual verification that the small
arm is clear of ammunition.
5) The aforementioned documentation will be placed in a packing slip affixed to the outside of
the shipping container. A duplicate set of documents will be placed inside the shipping
container.
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, specified serial number(s). Small arms that are issued to an officer will be
issued utilizing an Equipment Custody Receipt; this Custody Receipt obtains the signature of the
officer/deputy responsible for the small arm.
D. Modifications to small anus are authorized. All parts are to be retained and accounted for in a secured
location under the original serial number for the small arm until final disposal. If the modified small
arm is transferred to another LEA, all parts must accompany the small arm to the receiving LEA.
E. Weapon Accountability. Law enforcement agencies that have multiple instances of a hissing, lost, or
stolen LESO Program small arm within a five year window will be assessed by DLA Disposition
Services to determine if a systemic problem exists.
1) First Instance of Loss/theft: Will result in a 60 day minimum suspension.
2) Second Instance of Loss/theft: Will result in a 180 day minimum suspension.
3) Third Instance of Loss/theft: Will result in a 240 day rninirnum suspension. DLA
Disposition Services will submit a formal assessment presenting all the facts of the
instances of loss, relevant data, and evidence as to whether a systemic problem exists to
DLA J34 for review and coordination. DLA Disposition Services will recommend potential
disciplinary actions which could include recalling the agency's loaned small arms or
termination from the Program.
F. Aircraft and small arms 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 and will be returned to the
LESO at the end of their useful life.
IX. RECORDS MANAGEMENT
A. 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 DEMIL Codes. All documents concerning property
record will be retained.
1) Property records for items with DEMIL Codes of "A" and "Q6" will be retained for two
calendar years from the date the property is removed from the LEA's property book
before being destroyed.
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2) Property records for controlled property will be retained for five calendar years from
the date the property is removed fi•om the LEA's property book before being
destroyed.
3) Environmental Property records will be retained for 50 years, regardless of DEMIL Code
(Chemicals, Batteries, Hazardous Material/Hazardous Waste).
4) LESO Program files will be segregated from all other records.
5) All property records will be filed, retained, and destroyed in accordance with DLA Records
Schedule. These records include, but are not limited to, the following: DD Form 1348-1 A
for approved requests for transfers, turn -ins, requisitions, and any other pertinent
documentation and/or records associated with the LESO Program (e.g., 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).
X. LESO PROGRAM ANNUAL TRAINING
A. 10 U.S.C. § 280 provides that the Secretary of Defense, in cooperation with the U.S. Attorney
General, will conduct an annual briefing of law enforcement personnel of each State/Territory
(including law enforcement personnel of the political subdivisions of each State/Territory).
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 will organize and conduct training pertaining to information, equipment, technical support
and training available to LEAs via the LESO Program,
C. The State/Territory will ensure at least one representative (such as the State Coordinator or SPOC)
attend the annual training that LESO con(Iucts.
XI. PROPERTY ALLOCATION
A. The State Will:
1) Upon receipt of a valid LEA request for property through the DLA Disposition Services
RTD Website, give a preference to those requisitions indicating that the transferred
property will be used in the counter-drug/counterterrorism 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 LEA inventory and LEA
justifications for property.
2) The State and the LESO reserves the right to determine and/or adjust allocation limits.
Generally, no more than one of any item per officer will be allocated. Quantity exceptions
may be granted on a case -by -case basis by the LESO based on the justification provided by
the LEA. Currently, the following allocation limits apply:
a) Small Arms: one of each type for every qualified officer, full-time/part-time;
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b) HMMWVs/Up-Armored HMMWVs: one vehicle for every three officers;
c) MRAPs/Armored Vehicles: two vehicles per LEA;
d) Robots: one of each type for every 25 officers
3) Additional justification maybe required for small arms and armored vehicles. The LESO
reserves final authority on determining the approval and/or disapproval for requests of
specific types and quantities of excess DoD property.
4) Access the DLA Disposition Services RTD Website at a minimum of once daily (Monday -
Friday) to review/process LEAS' requests for excess DoD property.
B. The LEA will:
1) Ensure an appropriate justification is submitted when requesting excess DoD property via the
DLA Disposition Services RTD Website,
2) Access the Texas LESO Website for timely and accurate guidance, information, and links
concerning the LESO Program and ensure that all relevant information is reviewed.
3) When requesting property for counter-drug/counter-terrorism or border security activities,
provide a justification that specifies that the property will be used for such activities.
4) Maintain access to FEPMIS to ensure the LEA is properly maintaining their property
books, to include, but not limited to, transfers, turn -ins, and disposal requests.
a) FEPMIS account holders must be employees of the LEA.
XII. PROGRAM SUSPENSION &TERMINATION
A. The State/Territory/LEA is required to abide by the ternls and conditions of the DLA MOA and
SPO in order to maintain active status.
B. If a State Coordinator or LEA fails to comply with any terms of the DLA MOA, Federal statute
or regulation, SPO, or a State MOA, the State and/or LEA maybe placed on restricted status,
suspended, and/or terminated from the Program. All suspension or termination notifications will
be in writing and will identify remedial measures required for reinstatement, if applicable.
1) Suspension: A specified period of time in which an entire State/Territory or identified
LEA(s) is prohibited fiom requesting and receiving additional property through the
Program. Additional requirements for remedial action may also be placed on
suspended activities, to include return of all or specifically identified controlled
property. Suspensions will be for a minimum of 60 days.
2) Termination: Removal of a LEA or State from participating in the Program. The State
Coordinator and/or identified LEAS will transfer or turn -in all controlled property
previously received through the Law Enforcement Support Program at the expense of
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the State and/or the LEAS.
3) Restricted Status: A specified period of time in which a State/Territory or LEA is
restricted from receiving an item or commodity due to isolated issues with the
identified commodity. Restricted status may also include restricting an agency from
all controlled property. Restricted status is commonly used for agencies that have
active consent decrees from the Department of Justice.
C. The State will:
1) Suspend LEAs for a minimum of 60 days in all situations relating to the suspected or
actual abuse of DLA LESO Program property or requirements and/or repeated failure to
meet the terms and conditions of this SPO. Suspension may lead to termination.
2) Coordinate with the LESO, who will have final discretion on reinstatement requests.
Reinstatement to full participation from a suspension and/or termination is not
automatic.
3) Issue corrective action guidance in coordination with LESO and 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 LSD DLA LESO Program property to include the LEA's
CAP.
5) Suspend or terminate a LEA from the LESO Program if a LEA fails to comply with any
terms of the SPO, the DLA Instruction and Manuals regarding the LESO Program, any
Federal statute or regulation, or this State Plan of Operation.
� In the event of a LEA termination, make every attempt to transfer the DLA LESO Program
property of the terminated LEA to an authorized State/Territory or LEA, as applicable, prior
to requesting a turn -in of the property to the appropriate DLA Disposition Services location.
a) In cases relating to an LEA ter -urination, the LEA will have 90 days to complete
the transfer or turn -in of all DLA LESO Program property in their possession.
'� Notify the LESO and initiate an investigation into any questionable activity or action
involving DLA LESO Program property issued to an LEA that comes to the attention of the
State/Territory, and is otherwise within the authority of the Governor/State/Territory to
investigate. Upon conclusion of any such investigation, take appropriate action and/or make
appropriate recommendations on suspension or termination of the LEA to the LESO.
States/Territories, 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.
8) Request that the LESO suspend or terminate a LEA from the LESO Program if a LEA
fails to comply with any term of this SPO, the DLA Instructions and Manuals regarding
the LESO Program, any Federal statute or regulation, or the SPO.
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9) Implement State level LEA suspensions and notify the LESO if a LEA fails to comply
with any term of this SPO, the DLA Instructions and Manuals regarding the LESO
Program, any Federal statute or regulation, or the SPO.
10) Initiate corrective action to rectify suspensions and/or terminations placed upon the
State for failure to meet the terms and conditions of the LESO Program.
ll) Make contact (until resolved) with suspended LEAs) within his/her State to ensure
corrective actions are rectified by the timeframe provided by the LESO.
12) Require the LEAs to complete and submit results regarding all completed police
investigations and/or reports regarding LEA DLA LESO Program property. The
State/Territory must submit all documentation to the LESO upon receipt.
13) Provide documentation to the LESO when actionable items are rectified for the State
and/or LEA(s).
14) Provide a written request to the LESO for reinstatement of an LEA via the State
Coordinator or SPOC(s) for full participation status at the conclusion of a suspension
period.
15) Provide a written request to the LESO for reinstatement of the State via the Gover�ror
for full participation status at the conclusion of a suspension period.
D. The LEA will:
1) In the event of the LEA termination, make every attempt to transfer the DLA LESO
Program property to an authorized participating LEA, as applicable, prior to requesting a
turn -in of the property to the approved DLA Disposition Services location.
a) In cases of a State termination, the State will have 120 days to complete the
transfer or turn -in of ali DLA LESO Program property in their State.
b) In cases relating to an LEA termination, the LEA will have 90 days to
complete the transfer or turn -in of all DLA LESO Program property in their
possession.
XIIL AMMUNTION
A. DLA in support of the United States Army will aid in allocating ammunition to LEAs.
1) U.S. Army will issue approved transfers directly to the LEA. LEAs are responsible for
funding all costs associated with the packing and shipping of ammunition and will make
reimbursements directly to the U.S. Army.
2) All ammunition obtained via the Law Enforcement Support Program will be for training
purposes only. At the time of request, LEAs will certify in writing that the ammunition will
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be used for training purposes only. Ammunition will not be obtained for the purpose of sale,
lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan. Ammunition
obtained through the Program will not be sold.
3) Ammunition will be treated as a consumable item and not tracked in any DLA inventory
system or inspected during compliance reviews.
4) DLA Disposon Services will track and preserve necessary records of ammunition
transferred to a LEA and will post all agency requests, approvals, and denials on the public
web -page.
XIV. COSTS &FEES
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 are the sole
responsibility of the LEA. In the event a LEA is dissolved or disbanded and no civilian governing body
exists, the State Coordinator's office will, on a case -by -case basis, coordinate the transfer or turn4n of
all assigned property.
XV. NOTICES
Any notices, communications, or correspondence related to this agreement will be provided by E-mail,
the United States Postal Service, express service, or facsimile to the appropriate DLA office. The
LESO may, from time to time, make unilateral modifications or amendments to the provisions of this
'PO. 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 U.S.C. 2000d et seq.) as implemented by DOD regulations 32 C.F.R. Pt. 195.
2) On the basis of age, in the Age Discrimination Act of 1975 (42 USC 6101, et sea) as
implemented by Department of Health and Human Services regulations in 45 C.F.R. Pt.
90.
3) On 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
U.S.C. 794), as implemented by Department of Justice regulations in 28 C.F.R. Pt.
41 and DOD regulations at 32 C.F.R. Pt. 56.
B. These elements are considered the minitnuln essential ingredients for establishment of satisfactory
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business agreement between the State and the DOD.
XVII. INDEMNIFICATION CLAUSE
A. The State/LEA is required to maintain adequate liability 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 State/LEA is considered acceptable. The U.S. Government 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 State/LEA will indemnify and hold the U.S. Govermment
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 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
State/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 State/LEA, its agents, servants, or
employees after the property has been removed from U.S. Government control.
B. LEAs are not required to maintain insurance on controlled property, aircraft or other items with special
handling requirements that remain titled to DoD. However, LEAS must be advised that if they elect to
carry insurance and the insured property is on the LESO inventory at the time of loss or damage, the
recipient must submit a check made payable to DLA for any insurance proceeds received in excess of
their actual costs of acquiring and rehabilitating the property prior to its loss, damage, or destruction.
XVIII. TERMINATION
A. This SPO maybe terminated by either party, provided the other party receives 30 days' notice, in
writing, or as otherwise stipulated by Public Law.
B. The undersigned State Coordinator, CLEO 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 maybe grounds for immediate termination and possible legal consequences,
to include pursuit of criminal prosecution if so warranted.
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XIX. The authorized signatories of the parties have executed this agreement as of the last date
written below.
Jeff Caponera
Type / Print Chief Law Enforcement Official Name
(SpeciWitle;,Cl kf, 5,49riyConstable, Chief of Police
"�v 08/11 /2020
w EnforcernAt Official Signature Date (MM/DD/YYYY)
Jim Proce
Type/Kint Civilian Governing Body Official
(Spec fy titl * Iayor, City Mgr, County Judge, City Manager
08/11 /2020
i Tian o rning Body Official Signature Date (MM/DD/'YYYY)
Mike Lesko
Type / Print State Coordinator Name
State Coordinator Signature
Date (MM/DD/`i'YYY)
Version; July 2018
Page 143 of 256
A � A - 1
5805 N LAMAR BLVD ® BOX 4087 S AUSTIN, TEXAS 78773-0001
512/424-2000
www.dps.texas.gov
STEVEN C. McCRAW
DIRECTOR
FREEMAN F. MARTIN
RANDALL B. PRINCE
JEOFF WILLIAMS
DEPUTY DIRECTORS
Date: 08/11 /2020
COMMISSION
STEVEN P. MACH, CHAIRMAN
NELDA L. BLAIR
STEVE H. STODGHILL
DALE WAINWRIGHT
MEMORANDUM FOR TEXAS LAW ENFORCEMENT SUPPORT OFFICE (LESO)
PROGRAM PARTICIPANTS
SUBJECT: State Plan of Operation (SPO) Dated July 2018, LESO Program changes:
This memorandum amends the Law Enforcement Agency's (LEA) responsibilities
within the existing SPO between the State of Texas and the
Anna Police Department
This addendum establishes the understanding regarding the requirement of two levels
of security and financial liability for negligent lost/stolen/destroyed small arms.
a. LESO small arms not carried on an officer's person or in the officer's immediate
physical vicinity will be secured using two levels of security. Two levels of security means two
distinct lockable barriers, each specifically designed to render a weapon inaccessible and unusable
to unauthorized persons. Lockable barriers meeting this description may be either manual or
electronic.
b. DLA OIG investigations maybe initiated when small arms are improperly disposed
of or becomes lost, stolen or otherwise destroyed while maintained in the program inventory. Law
Enforcement Agencies may be required to reimburse DLA the fair market value of the small arm
when negligence or willful conduct is confirmed at the conclusion of the Financial Liability
Investigation of Property Loss (FLIPL) investigation. Reimbursement will be within sixty (60)
days of the completion of the FLIPL investigation.
(1) Title will never transfer- to the recipient regardless of the status of the small
arm.
(2) Payments due to DLA Disposition Services, based upon the findings of the
FLIPL investigation, maybe paid by one of the following three methods:
(a) Credit card payments via pay.gov
(b) Cashier/business checks
(c) Wire transfers
EQUAL OPPORTUNITY EMPLOYER
COURTESY •SERVICE •PROTECTION
Page 144 of 256
The provision on two levels of security for small arms is effective June 9, 2020. Any request
for an extension must be submitted before that date. The provision on financial liability for
negligent or willful loss of small arms that are improperly disposed of or become lost, stolen or
otherwise destroyed while maintained in the program inventory, applies to all small arms accounted
for on an agency's LESO Program property book on the date this addendum is signed. This
addendum to the State Plan of Operation must be signed by the current Chief Law Enforcement
Official (CLEO) or designee of each LEA by June 9, 2020. Failure to sign by this date will require
that all weapons be returned.
The aforementioned changes to the State Plan of Operation (SPO) are acknowledged and
accepted by the following individuals:
Date: 08/11 /2020
Date: uui � � i�u�u
State Coordinator (Print): MIKE LESKO
State Coordinator Signature:
Date:
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