HomeMy WebLinkAboutContracts & Agreements_251-2023State Plan of Operation (SPO) between:
The State of California
and the
(State/United States Territory)
Redlands Police Department
Law Enforcement Agency (LEA)
1) PURPOSE This State Plan of Operation (SPO) is entered into between the State/United States
(U.S.) Territory and Law Enforcement Agency (as identified above), to set forth the terms and
conditions which will be binding on the parties with respect to Department of Defense (DoD)
excess personal property conditionally transferred pursuant to 10 USC § 2576a, in order to
promote the efficient, expeditious transfer of property and to ensure accountability of the
same.
2) AUTHORITY The Secretary of Defense (SECDEF) is authorized by 10 USC § 2576a to transfer to
Federal and State 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, disaster -related emergency preparedness or border security
activities, under such terms prescribed by the Secretary. The SECDEF has delegated program
management authority to the DLA. The DLA Disp Svcs LESO administers the program in
accordance with (IAW) 10 USC § 2576a, 10 USC § 280, DoDM 4160.21 and DLAI 4140.11. The
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.
3) GENERAL TERMS AND CONDITIONS "DoD excess personal property" also known as "items",
"equipment", "program property", or "property". "DLA Disposition Services Law Enforcement
Support Office" also known as "1033 Program", "LESO Program", "the program", or "LESO".
"State or U.S. Territory" also known as "the State", "State Coordinator (SC)", "State Point of
Contact (SPOC) ", or "SC/SPOC". "Law Enforcement Activities" also known as "agencies in law
enforcement activities", "Law Enforcement Agency (LEA)", "program participant", or
"State/LEA".
a) Property made available under this agreement is not for personal use and is for the use
of authorized program participants only. All requests for property shall be based on bona
fide law enforcement requirements. Authorized participants who receive property from the
program will not loan, donate, or otherwise provide property to other groups or entities (i.e.,
public works, county garage, schools, etc.) that are not otherwise authorized to participate
in the program. Property will not be obtained by program participants for the purpose of
sale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan. To
receive such property, on an annual basis the LEA shall certify that they have:
i) Obtained authorization of the relevant local governing body authority (i.e., city
council, mayor, etc.).
ii) Adopted publicly available protocols for the appropriate use of controlled property,
the supervision, and the evaluation of the effectiveness of such use, including auditing
and accountability policies.
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iii) Annual training in place and provides it to relevant personnel on the maintenance,
sustainment, and appropriate use of controlled property, including respect for the rights
of citizens under the Constitution of the U.S. and de-escalation of force,
b) All costs associated with the transportation, turn -in, transfer, repair, maintenance,
insurance, disposal, repossession or other expenses related to property are the sole
responsibility of the State/LEA. The State/LEA shall also be responsible to reimburse the U.S
Government (USG) for costs incurred in retrieving and/or repossessing property
impermissibly transferred by the State/LEA to unauthorized participants,
c) The State/LEA will maintain and enforce regulations designed to impose adequate
security and accountability measures for controlled property to mitigate the risk of loss or
theft of property. Program participants shall implement controls to ensure property made
available under this agreement is used for official law enforcement use only. The State/LEA
shall take appropriate administrative and/or disciplinary action against individuals that
violate provisions of the Memorandum of Agreement (MOA) between the Federal
Government and the State/U.S. Territory and/or this SPO, including unauthorized use of
property.
d) All property transferred to the State/LEA via the program is on an as -is, where -is basis.
e) LESO reserves the right to recall property issued to a State/LEA at any time.
f) General use of definitions/terms:
i) Demilitarization (DEMIL code) -a code assigned to DoD property that indicates the
degree of required physical destruction, identifies items requiring specialized
capabilities or procedures, and identifies items which do not require DEMIL but may
require Trade Security Controls (TSC). Program participants are not authorized to
conduct physical demilitarization of property.
ii) "Controlled property" -items with a DEMIL code of B, C, D, E, F, G, and Q (with an
Integrity Code of "3", Title and ownership of controlled property remains with the DoD
in perpetuity and will not be relinquished to the State/LEA, When a State/LEA no longer
has a legitimate law enforcement use for controlled property, they shall notify the LESO
and the property will be transferred to another program participating State/LEA (via
standard transfer process) or returned to DLA Disp Svcs for disposition.
iii) "Non -controlled" property" -items with a DEMIL code of A or Q (with an Integrity Code
of "6"). These items are conditionally transferred to the State/LEA and will remain on
State/LEA accountable inventory for one year from the ship date. However, after one
year from the ship date, DLA will relinquish ownership and title for the property to the
State/LEA without issuance of further documentation. During this one year period, the
State/LEA remains responsible for the accountability and physical control of the
property and the LESO retains the right to recall the property, Participants should return
any property in this one year period that becomes excess to their needs or they
otherwise determine is not serviceable.
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(1) The LEA receives title and ownership of DEMIL "A" and "Q6" property as
governmental entities. Title and ownership of this property does not pass from DoD
to any private individual or State/LEA offiCial in their private capacity. Such property
shall be maintained and ultimately disposed of IAW provisions in State and local
laws that govern public property.
(2) Sales/gifting of DEMIL"A" and "Q6" property after one year from the ship date
inconsistent with State/local law may constitute grounds to deny future
participation in the program. •
(3) After one year frorn ship date, DEMIL "A" and "Q6" property may be transferred,
cannibalized for usable parts, sold, donated, or scrapped.
(4) Once the property is no longer on the LEA accountable Inventory, the property
is no longer subject to the annual physical inventory requirements and will not be
inventoried during a LESO Program Compliance Review (PCR).
g) All physical transfers of property require LESO approval. Program participants will not
physically transfer property until the LESO approval process is complete. Program
participants may request their SC/SPOC approval to temporarily conditionally loan property
to another program participant (if mission requires). If the SC/SPOC approves the temporary
conditional loan, it shall be done using an acceptable Equipment Custody Receipt (ECR).
At the end of the temporary conditional loan, the item (s) shall be returned to the original
LEA for accountability. All requests for conditional loans will be based on bona fide law
enforcement requirements.
h) The program may authorize digital signatures on required program documentation.
1) The State/LEA is not required to maintain insurance on controlled property, aircraft or
other property with special handling requirements that remain titled to DoD. However, the
State/LEA will be advised that if they elect to carry insurance and the insured property is on
the program inventory at the time of loss or damage, the recipient will submit a check made
payable to DLA for insurance proceeds received in excess of their actual costs of acquiring
and rehabilitating the property prior to its loss, damage, or destruction.
4) STATE PLAN OF OPERATION The State shall:
a} Assist in training LEAs with enrollment, property requests, transfers, turn -ins, and disposal
procedures.
b) Adhere to the requirements outlined in the MOA between the Federal Government
and the State/U.S. Territory and ensure MOA amendments or modifications are
incorporated into this SPO and program participants are notified and acknowledge
responsibility to comply with changes.
c) Submit a SPO to LESO that shall address procedures for determining LEA eligibility,
allocation, equitable distribution of property, accountability, inventory, training, and
education, State -level internal PCRs, export control requirements, procedures for turn -in,
transfer, and disposal and other responsibilities concerning property.
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d) Enter into written agreement with each LEA, via the LESO-approved SPO, to ensure
program participants acknowledge the terms, conditions, and limitations applicable to
property. This SPO must be signed by the current Chief Law Enforcement Official (CLEO)
(or designee) and the current SC/SPOC.
e) Provide program participants the following information:
I) The LESO Program State POCs:
State Coordinator (SC): Jodi Lopez, 916-845-8307,
jodi,lopez@caloes.ca.gov
Stale Point of Contact (SPOC): Janice Barnes, 916-845-8699,
janice.barnes@caloes.ca.gov
State Point of Contact (SPOC): Jenny Beutler, 916-845-8708,
jenny,beufler@caloes.cci.gov
State •Point of Contact (SPOC): Jacqlynn Fields, 916-845-8668,
jacqlynn.fieids@caloes.ca.gov
State Point of Contact (SPOC): Katie Massaglia, 916-845-8732,
katie.massaglia@caloes.ca.gov
ii) SC/SPOC Facility Information:
Physical Mailing Address: 3650 Schriever Avenue, Mather, CA 95655
Hours of Operation: 0700-1600
iii) Funding to administer the LESO Program at the State -level is provided via: State of
California
5) PROPERTY ACCOUNTING SYSTEM The State will maintain access to Federal Excess Property
Management Information System (FEPMIS) (or current property accounting system), to ensure
LEAs maintain property books, to include, but not limited to, transfers, turn -ins, and disposal
requests from an LEA or to generate these requests at the State -level and forward all approvals
to the LESO for action. The State will:
a) Conduct quarterly reconciliations of State property records.
b) Ensure at least one person per LEA maintains access to the property accounting system,
Users may be "active" or "inactive" in the system, so long as they are registered. Ensure
registered users are employees of the State/LEA,
c) Ensure LEAs receive and account for property in the property accounting system within
30 days.
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6) LESO WEBSITE The State shall access the LESO websile for timely and accurate guidance,
information, and links concerning the program and ensure that all relevant information is
passed to the program participants.
7) ANNUAL TRAINING 10 USC § 280 provides that the SECDEF, in cooperation with the U.S.
Attorney General, shall conduct an annual briefing of law enforcement personnel of each
State (including law enforcement personnel of the political subdivisions of each State).
Individuals who wish to attend are responsible for funding their own travel expenses. The
briefing will include information on training, technical support, equipment, and facilities that
are available to civilian law enforcement personnel from the DoD. The state shall provide
program participants training material as discussed during the annual LESO training which
includes information on property management best practices to include (but not limited to)
searching for property, accounting for property on inventory, transfer and turn -in of property
when it is no longer needed or serviceable.
8) ENROLLMENT The LESO shall establish and implement program eligibility criteria IAW 10 USC
§ 2576a, DLA Instructions and Manuals and this SPO and retains final approval/disapproval
authority for application packages forwarded by the State, Non -governmental law
enforcement entities such as private railroad police, private security, private academies,
correctional departments, prisons, or security police at private schools/colleges are not
eligible to participate. Fire departments (by definition) are not eligible to participate and
should be referred to the DLA Fire Fighter program administered by USDA. Law enforcement
agencies requesting program participation shall have at least one full-time law enforcement
officer. Program property may only be issued to full-time/part-time law enforcement officers.
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 their primary function is the training of bona fide State/local law enforcement officers.
Law enforcement training facilities/academies will be reviewed on a case -by -case basis. The
State she'll:
a) Validate the authenticity of state/LEAs that are applying for program participation,
Only submit to the LESO those application packages that the SC/SPOC
recommends/certifies 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, If the State forwards an unauthorized
participant application package, this may result in a formal suspension of the State.
b) Have sole discretion to disapprove state/LEA application packages in their State. The
SC/SPOC should provide notification to the LESO when application packages are
disapproved at the State -level.
c) Ensure that screeners listed in the application package are employees of the LEA. A
screener may only screen property for two LEAs. Contractors may not conduct screening
on behalf of a LEA.
d) Make recommendation on what constitutes a "full-time" or "part-time" law
enforcement officer.
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e) Ensure LEAs update their account information annually, or as needed. This may require
the LEA to submit an updated application package. An updated application package
shall be submitted for (but is not limited to) the following: a change in CLEO, the addition
or removal of a screener, a change in the LEA physical address or contact information,
etc.
f) Provide the LEA a comprehensive program overview once approved by the LESO for
enrollment. The overview will be done within 90-days of a LEA being approved to
participate.
9) PROPERTY ALLOCATION
a) The LESO shall:
i) Upon receipt of a SC/SPOC validated request for property through the RTD website,
will review and give preference to requisitions indicating that the requested property
will be used in the counter -drug, counter -terrorism, disaster -related emergency
preparedness, or border security activities of the requesting LEA. Program participants
that request vehicles used for disaster-relaied emergency preparedness, such as high-
water rescue vehicles, should receive the highest preference.
ii) Require additional justification for small arms, aircraft, ammunition, and vehicles
and to the greatest extent possible, ensure fair and equitable distribution of property
based on current LEA inventory and justification for property.
ill) Reserve the right to determine and/or adjust allocation limits, to include the type,
quantity and location of property allocated to the State/LEA. Generally, no more than
one item (per part-time/full-time officer) will be allocated. Quantity exceptions may be
granted by the LESO on a case -by -case basis based on the justification provided by
the LEA, Currently, the following allocation limits apply:
(1) Robots: one (of each type) for every ten officers (full-time/part-time).
(2) High Mobility Multipurpose Wheeled Vehicle (HMMWV)/Up-Armored HMMWV
(UAH): one vehicle for every three officers (full-time/part-time).
(3) Mine Resistant Ambush Protected (MRAP) / Armored Vehicles: two vehicles per
LEA.
(4) Small arms: one (of each type) per officer (full-time/part-time).
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:. Stroll An* AOcOptOk?Ip.
• • OVei-AllopOticini H..
• # of Ofkets.
i# by flipe..
T -10
2 or less
11-25
3 or less
26-100
5 or less
101-299
8 or less
300 or more
10 or less
Page 6 Q115
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(a) LESO may authorize over allocations of small arms in preparation for
inevitable scenarios, Le. training, equipment downtime (damage, routine
maintenance, inspections) or other law enforcement needs. The chart below is
the standard for small arms acceptable over -allocations:
(b) In instances where small arm allocation amounts exceed the "acceptable
over -allocation" levels, the LESO will coordinate with States to verify accuracy
of the officer count. If small arm allocation is still beyond acceptable levels,
LESO may authorize one of the following: 1) an exception to policy, 2) a
transfer, or 3) a turn -in.
b) The State shall:
I) Assist the LEA in the use of electronic screening of property via the RTD website and
shall access the RTD website a minimum of once daily (Monday -Friday) to review and
process LEA requests for property, Property justifications shall be validated to ensure
they meet the intent of 10 USC § 2576a as suitable for use by agencies in law
enforcement activities. Prior to approving a request or transfer, review the LEAs property
allocation report to prevent over allocation.
ii) Upon receipt of a valid LEA request for property, provide a recommendation to the
LESO on the preference to be given to those requisitions for property that will be used
in counter -drug, counter -terrorism, disaster -related emergency preparedness or border
security activities of the recipient agency. Requests for vehicles used for disaster -related
emergency preparedness, such as high-water rescue vehicles, should receive the
highest preference, The State shall consider the fair and equitable distribution of
property based on current LEA inventory and LEA justifications for property. The State
shall ensure the type and quantity of property being requested by LEAs is reasonable
and justifiable given the number of officers (full-time/part-time) and prior requisitions for
similar items they have received (both controlled and non -controlled property).
Generally, no more than one of any item per officer (full-time/part-time) will be
allocated.
10) PROPERTY MANAGEMENT Certain controlled equipment shall have a documented chain
of custody (Le. an acceptable ECR), including a signature of the recipient. Controlled
property requiring an ECR: small arms (inciuding parts and accessories), aircraft, vehicles,
optics, and robots. It is encouraged to utilize ECRs for all controlled property. LEAs may request
cannibalization on aircraft or vehicles. Cannibalization requests shall be submitted to the State
for review. Cannibalization must be approved by the LESO prior to any cannibalization actions.
The cannibalized end item shall be returned to DLA Disp Svcs within the timeframes
determined by the LESO.
a) Aircraft -Aircraft will not be obtained by LEAs for the purpose of sale, lease, loan,
personal use, rent, exchange, barter, transfer, or to secure a loan and shall be reported to
the LESO at the end of their useful life. All aircraft are considered controlled property,
regardless of DEMIL code, Aircraft that are no longer needed or serviceable shall be
reported to the General Services Administration (GSA) for final disposition by the LESO
Program Aircraft Specialist.
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b} Vehicles -Program participants that request vehicles used for disaster -related
emergency preparedness, such cis high-water rescue vehicles, should receive the highest
preference. Vehicles will not be obtained by LEAs for the purpose of sale, lease, loan,
personal use, rent, exchange, barter, transfer, or to secure a loan and vehicles that are
considered controlled property will be returned to DLA Disp Svcs at the end of their useful
life. DLA Disp Svcs Field Activity/Site will identify qualifying DEMIL A or Q6 vehicles and may
issue (upon LEA request) a Standard Form (SF) SF-97 to the LEA upon physical transfer of the
vehicle. The LEA may modify the vehicle during the one year conditional transfer period.
c) Ammunition-LESO will support the U.S. Army (USA), in allocating ammunition to program
participants, Ammunition obtained via the program will be for training use only. At the time
of request, the LEA will certify in writing that the ammunition will be used for training
use/purposes only. The USA will issue approved transfers directly to the State/LEA. The
State/LEA is responsible for funding all packing, crating, handling, and shipping costs for
ammunition. The LEA will make reimbursements directly to the USA. Ammunition will not be
obtained by LEAs for the purpose of sale, lease, loan, personal use, rent, exchange, barter,
transfer, or to secure a loan. Ammunition obtained via the program shall not be sold.
Ammunition will be treated as a consumable item and not tracked in any DLA inventory
system or inspected during PCRs, LESO shall track and maintain necessary records of
ammunition that has been transferred to LEAs and will post all requests, approvals, and
denials on the LESO public website.
d) Small arms:
i) Small arms will not be obtained by LEAs for the purpose of sale, lease, loan, personal
use, rent, exchange, barter, transfer, or to secure a loan and shall be returned to DLA
Disp Svcs at the end of their useful life. Cannibalization of small arms is not authorized.
ii) Temporary modifications to small arms are authorized; permanent modifications to
small arms are not authorized (i.e. drilling holes in the lower receiver of a small arm). In
cases of temporary modifications, all parts are to be retained and accounted for in a
secured location under the original serial number for the small arm unfil final disposition
is determined. If the modified small arm is transferred to another LEA, all parts will
accompany the small arm to the receiving LEA,
iii) Small arms will be issued utilizing an acceptable ECR which obtains certain
information about the property being issued to include (but is not limited to) the
signature of the law enforcement officer who is accepting responsibility for the small
arm(s), the serial number of the small arm, the date in which the law enforcement
officer took possession of the small arm, etc.
Iv) Small arms that are not carried on an officer's person or in the officer's immediate
physical vicinity will be secured using "two levels of physical security". Two levels' of
physical security meaning two distinct lockable barriers, each specifically designed to
render a small arm inaccessible and unusable to unauthorized persons. Lockable
barriers meeting this description may be either manual or electronic.
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v) Program participants no longer requiring program small arm(s) shall request
authorization to transfer the small arm to another participating LEA or request
authorization to turn-in/return the small arm, Transfers and turn -in requests shall receive
final approval from the LESO; small arms will not physically move until the LESO provides
official notification that the approval process is complete. When turning -in small
arms to Anniston Army Depot, the LEA shall follow LESO turn -in guidance,
vi) Local destruction (DEMIL) of small arms is not authorized.
vii) Lost, Stolen or Destroyed (LSD) small arms:
(1) Program participants with multiple instances of LSD small arms in a five-year
window will be assessed by DLA Disp Svcs to determine if a systemic problem exists
IAW DLAI 4140.11.
(2) DLA OIG investigations may be initiated if small arms are improperly disposed of
or become LSD while in •program inventory. The State/LEA may be, required tq
:reimburse DLA the fair market value of the small arms when negligence, willful
Misconduct, or a violation of the MOA between the Federal Government and the.
State/U,S. Territory and/or this SPO is confirmed at the conclusion of the Financial
Liability Investigation of Property Loss (FLIPL)
(a) Reimbursement will be within 60-days of the completion of the. FLIPL.
(b). Title will never transfer to the recipient regardless of the status of the small'
arm
(c.) Payments due to DLA Disp Svcs, based upon the findings of the FLIPL, may
be paid by one of three methods: 1) credit card via pey.gov, 2) cashier/ business
check, or 3) wire transfer;
:(3) In instances of LSD small arm recovery, Dab retains title in perpetuity and the
Small arm shall be immediately relinquished/surrendered back to the program:
11) PROGRAM COMPLIANCE REVIEWS (PCR)
a) The LESO shall:
i) Conduct PCRs to ensure that the SC/SPOC, and all LEAs within a State are compliant
with the terms and conditions of the program as required by 10 USC § 2576a, the MOA
between the Federal Government and the State/U.S. Territory and/or this SPO and any
DLA Instructions and manuals regarding the program. PCRs are conducted to ensure
property accountability, program compliance, and program eligibility.
ii) Conduct PCRs for participating States every 2 years, providing training to the
State/LEA as needed.
ill) Reserve the right to conduct no notice PCRs, or require an annual review, or similar
inspection, on a more frequent basis for any Stoite/LEA.
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iv) Intend to physically inventory 100% of property selected for review at each LEA
during a PCR. The use of ECRs in lieu of physical inspection is discouraged during PCRs.
Extensive use of the ECR (without prior coordination with LESO) may result in a non-
compliance finding during the PCR.
v} Intend to review as much property as possible during a PCR.
(1) The goal is to review 20% of a State's overall small arms inventory.
(2) The goal for inventory selections (at LEAs selected for review) is 15% of an LEAs
general property to include non -controlled property (DEMIL code A and Q6),
vi) Select LEAs not visited during the last three regularly scheduled PCR cycles (as
applicable),
vii) Recommend corrective actions (which may include suspending a State/LEA from
program participation) for findings of non-compliance identified during a PCR.
(1) The LESO shall issue corrective actions (with suspense dates) to the State, which
will identify what is needed to rectify the identified deficiencies within the State/LEA.
(2) If the State/LEA fails to correct identified deficiencies within the LESO suspense
dates, the LESO may move to restrict, suspend, or terminate the State/LEA from
program participation.
(3) States found non -compliant for a PCR will be suspended for a minimum of 60-
days and will not be reinstated until the State successfully passes a LESO-conducted
PCR.
viii) Ensure the State/LEA understand that property shall be transferred to a
participating agency with SC/SPOC and LESO approval or returned to DLA Disp Svcs
when no longer needed or serviceable.
b) The State shall:
i) Assist the LESO as required, prior to, during and upon completion of the PCR.
ii) Assist in the coordination of the PCR daily schedule of events and forward the
schedule to LEAs that have been selected for review.
ill) Contact LEAs that have been selected for the PCR via phone, email or in person to
ensure they are aware of the scheduleiand are prepared for the PCR.
iv) Receive inventory selections from the LESO and forward them to the selected LEAs,
The State shall ensure the LEA physically gathers the selected property in a central
location (to the greatest extent possible) which will allow the LESO to physically
inventory the property efficiently during the PCR.
v} Coordinate the use of any ECR with the LESO prior to the PCR,
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vi) Ensure LEAs understand property shall be transferred to ci participating agency with
SC and LESO approval or returned to DLA Disp Svcs when deemed no longer needed
or serviceable,
vii) Conduct State -level (internal) PCRs of participating LEAs to ensure property
accountability, program compliance and program eligibility utilizing a PCR checklist
provided by the LESO, or equivalent (for uniformity purposes).
(1) Ensure a Stale -level (internal) PCR of at least 8% of LEAs with program inventory
is completed annually (3% of which will be focused on program participants with no
controlled property). Results of he State -level (internal) PCR will be kept on -file with
the State. Documentation shall be provided to the LESO for each LEA that received
a State -level PCR.
(2) The State -level (internal) PCR will include, at minimum:
(a) A review of the dually -signed SPO, ensuring it is uploaded to the property
accounting system.
(b) A review of the LEA application package to confirm authenticity and eligibility
of the LEA.
(c) An inventory of property selected for review at each LEA.
(d) A review of each selected LEA files for any of the following which may
include turn-in/transfer DD Form 1348-1A, ECR, small arm documentation, FLIPL
documents, exception to policy letters, approved cannibalization requests, or
other pertinent documentation as required.
(3) Request that the LESO restrict, suspend or terminate an LEA based on findings
during State -level internal PCR or due to non-compliance with terms of the MOA
between the Federal Government and the State/U.S. Territory and/or this SPO, DLA
Instruction/Manual or any statute or regulation regarding the program.
(4) Notify the LESO and initiate an investigation into any questionable activity or
action involving property issued to a LEA that comes to the attention of the State
and is otherwise within the authority of the Governor/State to investigate. Upon
conclusion of any such investigation, take appropriate action and/or make
appropriate recommendations on restriction, suspension, or termination of the
State/LEA to the LESO. The SC may suspend or terminate a State/LEA participation
in the program at any time for non-compliance.
12) ANNUAL PHYSICAL INVENTORY Each State/LEA is required to conduct an annual physical
inventory of all property on the active property book and provide certification in the property
accounting system. DEMIL "A" and "Q6" property records will not be closed during the annual
physical Inventory period. In. the State of California, the annual physical inventory and
certification in the property accounting system process starts on July 1 st and must be
completed by September 301h each year. Each LEA shall complete their Annual Physical'
Inventory no later than August 31s1 each year. Our office will then complete the LESO Federal
requirement by certifying the State No later than September 30th.
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The State shall:
a) Provide training to LEAs to properly conduct the annual physical inventory and
complete the certification of property in the property accounting system.
b) Ensure an approved and current SPO is uploaded in the property accounting system
for each LEA,
c) Validate the annual physical inventory certifications submitted by LEAs,
d) Adhere to annual physical inventory certification requirements as identified by the
LESO. Physical inventories and certification statements will be maintained on file LAW the
DLA records schedule.
e) Annually certify property is utilized and is within allocation limits IAW the MOA between
the Federal Government and the State/U.S. Territory and this SPO .
f) Recommend suspension of program participants who fail to complete or submit the
certified annual physical inventory,
13)REPORTING LOST, STOLEN, OR DESTROYED (LSD) PROPERTY Any property identified as LSD on
a LEA current inventory, shall be reported to the State/LESO. A FLIPL (aka the DD Form 200)
shall be submitted to the State/LESO for LSD property. Program participants agree to
cooperate with investigations into LSD property by any federal, state, or local investigative
body and, when requested, assist with recovery of LSD property.
a) LSD controlled property shall be reported to the State/LESO within 24-hours, Program
participants may be required to provide their SC/SPOC additional documentation which
may include (but is not limited to):
1) Comprehensive police report, 2) NCIC report/entry, and 3) Contact information for the
Civilian Governing Body (CGB) over the LEA involved, to include: Title, Name, Email, and
mailing address.
b) LSD property with a DEMIL code of "A" and "Q6" shall be reported to the State/LESO
within 7-days.
14) RESTRICTION, SUSPENSION OR TERMINATION Program participants are required to abide by
the terms and conditions of the MOA between the Federal Government and the State/U.S.
Territory and this SPO in order to maintain active program participation status. If a State/LEA
fails to comply with any term or condition of the MOA, SPO, DLA Instruction or Manual, federal
statute or regulation, the State/LEA may be suspended, terminated, or placed on restricted
status. Restriction, suspension, or termination notifications will be in writing and will identify
remedial measures required for reinstatement (if applicable). Suspension -A specified period in
which an entire State/LEA is prohibited from requesting or receiving additional property
through the program. Additional requirements may be implemented, to include the State/LEA
requirement to return specifically identified controlled property. Suspensions will be for a
minimum of 60-days. Termination -The removal of a State/LEA from program participation, The
terminated State/LEA shall transfer or turn -in all controlled property previously received
through the program at the expense of the State/LEA involved. Restricted Status -A specified
period in which a State/LEA is restricted from receiving an item or commodity due to isolated
issues with the identified item or commodity. Restricted status may also include restricting a
State/LEA from all controlled property.
Law Enforcement Support Program Page 12 of 15 State Plan of Operations
Version -February 2021
a) State termination -The SC/SPOC will coordinate with LESO to identify a realistic
timeframe to complete the transfer or turn -in of all property, The LESO retains final authority
to determine timeframe requirements.
b) LEA termination -The SC/SPOC will coordinate with LESO to identify a realistic timeframe
to complete the transfer or turn -in of all property. The LESO retains final authority to
determine timeframe requirements.
c} In the event of a termination, the State/LEA will make every attempt to transfer the
property of the terminated State/LEA to an authorized State/LEA, as applicable, prior to
requesting a furn-in of the property to DLA Disp Svcs, In cases that require a repossession or
turn -in of property, the State/LEA will bear all expenses related to the repossession, turn -in
or transfer of property to DLA Disp Svcs.
d) The State shall:
i) Suspend LEAs for a minimum of 60-days in all situations relating to the suspected or
actual abuse of property or requirements and/or repeated non-compliance related to
the terms and conditions of this SPO. Suspension may lead to termination. The State shall
also issue corrective action guidance to the LEA with suspense dates to rectify issues
and/or discrepancies that caused the restriction, suspension, or termination, The State
shall require the LEA to submit results on completed police investigations and/or reports
on LSD property to include the LEA CAP. The LESO retains final discretion on
reinstatement requests. Reinstatement to full participation from a restriction, suspension
or termination is not automatic.
Li) Initiate corrective action to rectify suspensions or terminations of the LEA for non-
compliance to the terms and conditions of the program. The State shall also make
contact (until resolved) with suspended LEAs to ensure corrective actions are rectified
within required timeframes provided by the LESO.
iii) Require the LEA to complete and submit results on completed police investigations
or reports regarding LSD property. The State will submit all documentation to LESO upon
receipt.
iv) Provide documentation to LESO when actionable items are rectified for the
State/LEA.
v) Request that the LESO suspend or terminate an LEA based upon their findings during
State -level internal PCR or due to non-compliance with any term of this SPO, DLA
Instruction/Manual or any statute or regulation regarding the program,
vi) Notify the LESO and initiate an investigation into any questionable activity or action
involving property issued to an LEA that comes to the attention of the State and is
otherwise within the authority of the Governor/State to investigate. Upon conclusion of
any such investigation, take appropriate action and/or make appropriate
recommendations on restriction, suspension, or termination of the LEA to the LESO. The
SC may revoke or terminate concurrence for LEA participation in the program at any
time.
Law Enforcement Support Program
Page 13 of 15 State Plan of Operations
Version -February 2021
vii) Provide written request to the LESO for reinstatement of an LEA for full participation
status at the conclusion of a restriction or suspension period, Written verification shall be
provided that the SC/SPOC has validated the LEA CAP,
15) RECORDS MANAGEMENT The LESO, SC/SPOC, and LEAs participating in the program will
maintain program records IAW the DLA records schedule. Records for property acquired
through the program have retention controls based on the DEMIL code. Property records will
be filed, retained, and destroyed IAW DLA records schedule. Records may include, but are
not limited to: DD Form 1348-1A for transfers, turn -ins, requisitions, Bureau of Alcohol, Tobacco,
Firearms and Explosives (BATFE) Forms 5 and 10.
16) TRADE SECURITY CONTROL (TSC) and COMPLIANCE WITH EXPORT CONTROL REGULATIONS
Items transferred to program parficipants, including DEMIL A and Q {with an Integrity Code of
6) property, may be subject to export control restrictions. Program participants shall comply
with U.S. export control laws and regulations if they contemplate further transfers of any
property. Once title transfers, LEAs should consult with the Department of State (DoS) and
Department of Commerce (DoC) export control regulators about the type of export controls
that may apply to items, regardless of DEMIL code. Program participants may request a formal
Commodity Classification from the DoC, Bureau of Industry and Security (BIS), or submit a
general correspondence request to the DoS, Directorate of Defense Trade Controls.
Information on managing exports of CCL items can be found at the U.S. DoC Bureau of
Industry and Security website. Program participants shall notify all subsequent purchasers or
transferees, in writing, of their responsibility to comply with U.S. export control laws and
regulations.
17) NOTICES Any notices, communicafions, or correspondence related to this SPO shall be
provided by email, the U.S. Postal Service (USPS), 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 the MOA between the Federal Government and the
State/U.S, Territory and/or this SPO. Notice of these changes will be provided to the State in
writing. Unless the State takes immediate action to terminate the MOA between the Federal
Government and the State/U.S. Territory and/or this SPO, such modifications or amendments
will become binding. In such cases, reasonable opportunity will (insofar as practicable) be
afforded the State/LEA to conform to changes affecting their operations,
18) ANTI -DISCRIMINATION By signing or accepting property, the State/LEA pledges
agreement to comply with provisions of the 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)On 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 and 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 USC 794), as implemented by Department of Justice
(DoJ) regulations in 28 CFR Part 41 and DoD regulations at 32 CFR Part 56. These elements are
the minimum essential ingredients for establishment of a satisfactory business agreement
between the State and the DoD.
Law Enforcement Support Program
Page 14 of 15 State Plan of Operations
Version -February 2021
19) INDEMNIFICATION CLAUSE 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 program. Self-insurance by the State/LEA is considered acceptable,
The USG assumes no liability for damages or injuries to any person(s) or property arising from
the use of property issued under the program. It is recognized that State and local law
generally limit or preclude the State/LEA from agreeing to open ended indemnity provisions.
However, to the extent permitted by State and local laws, the State/LEA shall indemnify and
hold the USG 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 USG
control.
20) TERMINATION This SPO may be terminated by either party, provided the other party
receives a thirty (30) day notice (in writing) or as otherwise stipulated by Public Law. The
undersigned SC hereby agrees to comply with all provisions set forth herein and acknowledges
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.
21) AGREEMENT OF PARTIES The parties below agree to enter this agreement as of the last
date below:
Chief Law Enforcement Official (CLEO) (or delignee):
Rachel Tolber
Title (Print): Chief of Police
Full Name (Print):
Rachel • I oiler
Signature (Sign): 2444,z atr. •
Date (MM/DD/YYYY): /21-40/24,7,
For State Point of Contact
State Coordinator (SC) or State Point of Contact (SPOC), State of California
Full Name (Print):
SFC (CA) Jenny A Beutler
Signature (Sign): BEUTLER.JENNY.A.1260015741, Digitally signed by BEUTLER.JENNY.A.1260015741
Date:2023.12.26 10:50:48 -0800'
Date (MM/DD/YYYY): 12/26/2023
Law Enforcement Support Program
Page 15 of 15 State Plan of Operations
Version -February 2021
DEFENSE LOGISTICS AGENCY
DISPOSITION SERVICES
74 WASHINGTON AVENUE NORTH
BATTLE CREEK, MICHIGAN 49037.3092
GPL
August 15, 2022
MEMORANDUM FOR LAW ENFORCEMENT SUPPORT OFFICE (LESO) PROGRAM
PARTICIPATING LAW ENFORCEMENT AGENCY (LEA)
SUBJECT: Addendum to LESO Program State Plan of Operation (SPO)
This addendum amends the existing State Plan of Operation (dated February 2021) between the
State and Law Enforcement Agency (LEA) and is herein referred to as the SPO Addendum, The SPO
Addendum implements requirements found within Presidential Executive Order (EO) 14074 (Section 12),
signed on May 25, 2022. In accordance with current SPO-Paragraph 17, notice is being provided of a
unilateral change to the SPO. Unless an LEA takes immediate action to terminate the current SPO, the
modifications or amendments will become binding.
1) ROLES AND RESPONSIBILITIES The State Shall:
a) Ensure each LESO Program participating Law Enforcement Agency (LEA) has signed the LESO-
approved SPO Addendum no later than January 1, 2023, The SPO Addendum will be signed by the
Chief Law Enforcement Official (CLEO) (or assigned designee) and the current State Coordinator (SC)
(or authorized State Point of Contact [SPOC]).
b) Provide LESO with a comprehensive list of LEAs who do not sign the SPO Addendum by January
1, 2023. LESO will restrict the LEA to ensure LEA may not request or receive "controlled" property
as defined within this addendum.
2) MODIFICATION TO DEFINITION OF "CONTROLLED" PROPERTY This SPO Addendum
adds the below items to the "controlled" property definitions currently found in the 2021 SPO. These items
are added pursuant to BO 14074 which reestablishes BO 13688. In 2017, the Law Enforcement Equipment
Working Group (established by EO 13688), further added, deleted and refined the definitions of
"controlled" items in their annual equipment list review. Provisions within the 2021 MOA applicable to
"controlled" property apply to the items listed below (regardless of DEMIL and/or DEMIL Integrity Code).
Title and ownership of the "controlled" property listed below remains with the DoD in perpetuity and will
not be relinquished to the LEA (regardless of DEMIL and/or Integrity Code). The LESO retains final
authority to determine what items qualify as "controlled" property. The below items listed in Section 1.2
of Law Enforcement Equipment Working Group (LEEWG) Recommendations (as modified in 2017), will
be managed and issued as controlled property unless other restrictions or conditions are noted:
a) Manned Aircraft, Fixed Wing: Powered aircraft with a crew aboard, such as airplanes, that use a
fixed wing for lift. (Note: These items were previously listed as controlled in LESO Program. Any
aircraft without commercial application are prohibited).
b) Manned Aircraft Rotary Wing: Powered aircraft with a crew' aboard, such as helicopters, that use a
rotary wing for lift. (Note: These items were previously listed as controlled in LESO Program. Any
aircraft without commercial application are prohibited).
Page 1 of 9
c) Unmanned Aerial Vehicles: A remotely piloted powered aircraft without a crew onboard,
(Note: These items are not currently issued in the LESO Program).
d) Armored Vehicles, Wheeled: Any wheeled vehicle either purpose-built or modified to provide
ballistic protection to its occupants, such as a Mine -Resistant Ambush Protected (MRAP) vehicle or an
Armored Personnel Carrier (APC). These vehicles are sometimes used by law enforcement personnel
involved in dangerous operating conditions, including active shooter or similar high -threat situations,
These vehicles often have weapon -firing ports, (Note: These vehicles were previously considered
controlled due to DEMIL code and are now prohibited unless certification requirements in Section 3
are met).
e) Tactical Vehicles, Wheeled: A vehicle purpose-built to operate on- and off- road in support of
military operations, such as alligh Mobility Multi -purpose Wheeled Vehicle (111VIMWV), 2.5-ton truck,
5-ton truck, or a vehicle with a breaching or entry apparatus attached. These vehicles are sometimes
used by law enforcement in rough terrain or inclement weather for search and rescue operations, as
well as other law enforcement functions. This excludes commercially available vehicles not tactical in
nature, such as pick-up trucks or SUVs. (Note 1: This is LEEWG modified definition from 2017. Note
2: All tactical vehicles will now be considered controlled, and title will not pass. Note 3: Armored
vehicles in this category will be considered prohibited unless certification requirements in Section 3
are met).
1)Command and Control Vehicles. Any wheeled vehicle either purpose-built or modified to facilitate
the operational control and direction of public safety units responding to an incident, Command and
control vehicles provide a variety of capabilities to incident Commander, including, but not limited to,
the provision for enhanced communications and other situational awareness capabilities. Command
and Control Vehicles are similar to a recreational vehicle and can accommodate multiple people at
multiple workstations in the command center. This category does not include SUVs and is not intended
for other types of vehicles that could serve as a command -and -control center. (Note 1: This is the
LEEWG modified definition from 2017. Note 2: Armored vehicles in this category will be considered
prohibited unless certification requirements in Section 3 are met).
g) Specialized Firearms and Ammunition Under .50-Caliber (excludes firearms and ammunition
designed for regularly assigned duties) and less lethal launchers: Weapons and corresponding
ammunition for specialized operations or assignment. This includes launchers specifically designed
and built to launch less lethal projectiles. This excludes weapons such as service issued handguns,
rifles or shotguns that are issued or approved by the agency to be used by all sworn officers/deputies
during the course of regularly assigned duties. (Note 1: This is the LEEWG modified definition from
2017, Note 2: The LESO Program only issues weapons larder .50 caliber that are designed for regularly
assigned duties).
h) Explosives and Pyrotechnics: Includes "flash bangs" as well as explosive breaching tools often used
by special operations units. (Note: These items were previously prohibited in the LESO Program and
are now specifically prohibited in EO 14074).
i) Breaching Apparatus; Tools designed to provide rapid entry into a building or through a secured
doorway. These tools may be mechanical in nature (a battering ram connected to a vehicle or a
propellant), ballistic (slugs), or explosive. This category does not include dual purpose tools such as a
sledgehammer or bolt cutter. (Note: This is the LEEWG modified definition from 2017).
j) Riot/Crowd Control Batons: Non -expandable of greater length (more than 24 inches) than service -
issued types and are intended to protect its wielder during crowd control situations by providing
distance from assailants. This category includes all batons with advanced features such as tear gas
discharge, electronic or "stun" capabilities. (Note: This is the LEEWG modified definition from 2017).
Page2of9
k) Riot Helmets. Helmets designed to protect the wearer's face and head from injury during melees
from projectiles including rocks, bricks, liquids, etc. Riot helmets include a visor which protects the
face. (Note 1: The LEEWG removed these items from the controlled list in 2017. Note 2: LESO does
not issue Kevlar helmets based on DoD policy).
1) Riot/Crowd Control Shields: Shields intended to protect wielders from their head to their knees in
crowd control situations. Most are designed for the protection of the user from projectiles including
rocks, bricks, and liquids. Some afford limited ballistic protection as well. (Note: This is the LEEWG
modified definition from 2017).
3) PROHIBITED ITEMS THAT MAY BE ISSUED FOR LIMITED PURPOSES EO 14074 lists the
below items as "prohibited" for issue under the LESO Program; however identifies specific authorized uses
for these "prohibited" items if requested, utilized and annually certified as being used only in authorized
manners. When utilized in an authorized manner (as indicated in the below example descriptions), the
items are categorized as "controlled" property.
a) Long Range Acoustic Devices (LRAD) that do not have commercial application- LRADs are capable
of directing sound over great distances at extreme volume in more geographical precision than an
ordinary speaker. Certain LRAD capabilities which are aimed at dispersing individuals or groups as a
kinetic use -of -force shall not be used. Examples of LRAD capabilities that shall not be used include
(but are not limited to) attention commanding alert tones, powerful warning tones and/or deterrent
tones.
i) Authorized uses- LRADs may only be utilized as a public address system for commercial
purposes. Any other use is not authorized.
ii) Annual Certification Requirements- During the LESO Program annual inventory, LEAs with
LRADs must certify that the LRAD is utilized exclusively as a public address system for
commercial purposes. An LEAs signature on the SPO Addendum agreeing to these new terms
will serve as initial certification.
iii) LEAs that do not have a current SPO Addendum on file by January 1, 2023 or who fail to
annually certify the LRAD is being used in an authorized manner must return LRAD(s) to DLA
Disposition Services,
b) Vehicles that do not have commercial application- This includes all tracked and armored vehicles,
such as a Mine -Resistant Ambush Protected (MRAP), Armored Personnel Carrier (APC), or Armored
HMMWV, (Note: This category excludes vehicles with commercial application, such as pick-up
truoks, non -armored HMMWVs, 2.5-ton trucks, 5-ton trucks, or SUVs, The LESO Program
identifies/defines vehicles with "commercial application" as items with a DEMIL Code of "A" or
DEMIL "Q" (with an Integrity Code of 6) that may be sold to the general public under DoD sales
programs).
i) Authorized uses- BO 14074 allows limited transfer of vehicles that do not have commercial
application if the LEA certifies that the vehicle will be used exclusively for disaster -related
emergencies; active shooter scenarios; hostage or other search and rescue operations; or anti-
terrorism preparedness, protection, prevention, response, recovery, or relief. Any other use of
these vehicles is not authorized,
ii) Annual Certification Requirements- During the LESO Program annual inventory, LEAs with
these vehicles must certify that the vehicle(s) is utilized exclusively for disaster -related
emergencies; active shooter scenarios; hostage or other search and rescue operations; or anti-
terrorism preparedness, protection, prevention, response, recovery, or relief. An LEAs signature
on the SPO Addendum agreeing to these new terms will serve as initial eertification.
Page 3 of 9
iii) LEAs that do not have a current SPO Addendum on file by January 1, 2023 or who fail to
annually certify that the vehicle(s) use is exclusively for disaster -related emergencies; active
shooter scenarios; hostage or other search and rescue operations; or anti -terrorism preparedness,
protection, prevention, response, recovery, or relief must return vehicle(s) to DLA Disposition
Services,
4) ACQUIRING (OR RETAINING) CONTROLLED PROPERTY The State shall:
a) Review, verify and only submit to LESO for approval, requests for controlled property by LEAs
who have current SPO and SPO Addendum on file with the state,
b) Ensure LEAs return controlled property to DLA Disposition Services if the Department of Justice
(DOJ) determines or a Federal, State, Tribal, local, or territorial court enters a final judgment finding
that the LEA has engaged in a pattern or practice of civil rights violations.
c) Ensure that prior to requesting/acquiring any controlled property, the LEAs:
i) Provide written or electronic notification to the local community of its intent to request
controlled property. The notification must be translated into appropriate languages to inform
individuals with limited English proficiency. The LESO Program would recommend that LEAs
provide a notice of intent to request controlled property to the local community on or before
January 1, 2023 and at the beginning of each fiscal year (October 1st) thereafter. This notification
should include a comprehensive list of any controlled property that may be requested throughout
the year. If this notice of intent does not include a specific controlled property item, such item
may not be requested in the LESO Program until 30-days after an updated notice is published.
ii) Provide written or electronic notification to the city council or appropriate local Civilian
Governing Body (CGB) of its intent to request controlled property and allow "reasonable
opportunity to review" (normally 30-days). The LESO Program would recommend that LEAs
provide a notice of intent to the CGB on or before January 1, 2023 and at the beginning of each
fiscal year (October 1st) thereafter. This notification should include a comprehensive list of any
controlled property that may be requested throughout the year. If this notice of intent does not
include a specific controlled property item, such item may not be requested in the LESO Program
until 30-days after an updated notice is published, Requests for controlled property must comport
with all applicable approval requirements of the CGB.
(1) The above requirement includes eleoted Sheriffs who also shall notify their CGB or
city or county government within their jurisdiction.
(2) In cases of disagreement between requesting LEAs and CGB, the Governor appointed
LESO Program State Coordinator (SC) will obtain an advisory opinion from the States
Attorney General's Office on whether CGBs are authorized by state law to deny the
request.
iii) Campus LEAs operating in Institutions of Higher Education (IHE)- LEAs operating in IHEs
otherwise referred to as "Campus Police" or "Campus LEAs" must also adhere to the
requirements identified below:
(1) Obtain the IHE Board of Governors (or an equivalent body) explicit approval for the
acquisition of controlled property. Such approval must be evidenced in the Campus LEAs
request submitted to the LESO Program, Silence or inaction by the Campus LEAs Board
of Governors does not constitute evidence of approval, and the "reasonable opportunity to
review" (normally 30-days) standard does not apply to Campus LEA applications.
Page4of9
(2) Certify that their policies and training include specific provisions on using controlled
property in a way that does not chill speech, is not disruptive to the educational
environment, and does not foster a hostile climate among students.
(3) Campus LEAs who reeeive controlled vehicles are required to remove the militaristic
appearance (Le., painting the vehicle a different color).
5) REGIONAL SHARING AGREEMENTS LESO Program participants who are part of a regional
sharing agreement must also adhere to the following requirements. LEAs shall:
a) Provide information regarding the size of the region, including the number and size of the LEA with
access to the requested controlled property and the estimated population served.
b) Ensure any controlled property providing support in a regional sharing agreement is utilized in
accordance with the LESO Program SPO and this SPO Addendum.
c) Ensure that only LESO Program participants within the regional sharing agreement utilize the
controlled property. Agencies/activities who are not LESO Program participants may not utilize or
direct the use of controlled property obtained via the LESO Program.
d) Obtain SC/SPOC approval to temporarily conditionally loan property to another LESO Program
participant within the regional sharing agreement (if mission requires). If the SC/SPOC approves the
temporary conditional loan, it shall be done using an acceptable Equipment Custody Receipt (ECR).
At the end of the temporary conditional loan, the item (s) shall be returned to the original LEA for
accountability. All requests for conditional loans will be based on bona fide law enforcement
requirements,
i) The LESO Program participant with controlled property on their inventory must certify that
the other LESO Program participant in the regional sharing agreement requesting the property
under a conditional loan:
(1) Has adopted requisite protocols (in Section 6 below) or will adopt those protocols
before their personnel use the controlled property,
(2) Have provided requisite training (in Section 7 below) or will provide that training
before their personnel use the controlled property, and
(3)Will adhere to the information collection and retention requirements (in Section 8
below).
ii) The LEA conditionally loaning the controlled property will remain accountable to the LESO
Program to ensure the above provisions are met.
6) POLICIES/PROCEDURES LEAs must establish policies/procedures that are consistent with the
standards listed below, in order to request or maintain controlled property. LEAs must:
a) Adopt and comply with general policing standards,
i) Community Policing- LEA policies/procedures should reflect the concept that trust and mutual
respect between police and the communities they serve are critical to public safety. Community
policing fosters relationships between law enforcement and the local community which promotes
public confidence in LEAs therefore increasing LEA ability to investigate crimes and keep the
peace.
Page 5 of 9
ii) Constitutional Policing LEA policies/procedures must emphasize that all police work should
be carried out in a manner consistent with the requirements of the U.S. Constitution and federal
law. Policies/procedures must include First, Fourth, and Fourteenth Amendment principles in
law enforcement activity, as well as compliance with Federal and State civil rights laws. LEA
certified law enforcement officers receive training on the rights embodied by such Constitutional
Amendments and how these amendments inform policing policies/procedures.
iii) Community Input and Impact- LEA policies/procedures must identify mechanisms that LEAs
will use to engage the communities they serve to inform them and seek their input about LEAS
actions, role in, and relationships with the community. LEAS should make particular efforts to
seek the input of communities where controlled property is likely to be used so as to mitigate the
effect that such use may have on public confidence in the police. This could be achieved through
the LEAs regular interactions with the public through community forums, town halls, or meetings
with the Chief, or community outreach divisions.
b) Adopt and comply with controlled property standards.
i)Appropriate Use of Controlled Property- LEA policies/procedures must define appropriate
use of controlled property; officers who are authorized to use controlled property must be trained
on these policies/procedures. LEAs should examine scenarios in which controlled property will
likely be deployed, the decision -making processes that will determine whether controlled
property is used, and the potential that both use and misuse of controlled property could create
fear and distrust in the community. Policies/procedures should consider whether measures can
be taken to mitigate that effect (i.e., keep armored vehicles at a staging area until needed) and
any alternatives to the use of such property and tactics to minimize negative effects on the
community, while preserving officer safety.
ii) Supervision of Use- LEA policies/procedures must specify appropriate supervision of
personnel operating or utilizing controlled property. Supervision must be tailored to the type of
controlled property being used and the nature of the engagement or operation during which the
property will be used. Policies/procedures must describe when a supervisor of appropriate
authority is required to be present and actively overseeing the property being used.
iii) Effectiveness Evaluation- LEA policies/procedures must articulate that the LEA will
regularly monitor and evaluate the effectiveness and value of controlled property to determine
whether continued deployment and use is warranted on operational, tactical, and technical
grounds, LEAs should routinely review after -action reports and analyze any data on, for
example, how often controlled property is used or whether controlled property is used more
frequently in certain law enforcement operations or in particular locations or neighborhoods.
iv) Auditing and Accountability- LEA must establish policies/procedures that are designed to
prevent misuse, unauthorized use and/or loss of controlled property. LEA will hold personnel
accountable to agree and comply with State, local, Tribal and Federal controlled property use
policies/procedures.
v) Transparency and Notice- LEA policies/procedures must articulate that LEA will engage the
community regarding controlled property, policies/procedures governing its use, and review of
"significant incidents" (as defined in Section 8), with the understanding that there are reasonable
limitations on disclosures of certain information and law enforcement sensitive operations and
procedures.
Page 6 of 9
c) Must adopt and comply with record -keeping requirements for controlled property.
i) Upon LESO request, LEAs must provide a copy of the general policing standards and specific
controlled property standards that were adopted, to include any related policies/procedures.
ii) Record -Keeping Requirement LEAs must retain comprehensive training records; either in
the personnel file of the officer who was trained or by the LEAs training division or equivalent
entity, for a period of at least three (3) years, and must provide a copy of these records, upon
LESO request.
7) TRAINING LEAs that request or have acquired controlled property via the LESO Program must
establish written policies/procedures for controlled property use, and all personnel who are authorized to
use the controlled property will be trained on these policies/procedures. LEAS must:
a) Provide annual training on general policing standards to personnel who may use the controlled
property,
b) Provide annual training on property standards to personnel who may use the controlled property.
c) Provide controlled property operational and technical training to personnel and ensure personnel are
proficient prior to using controlled property.
d) Provide scenario -based training to personnel that combines constitutional and community policing
principles with controlled property specific training. LEA personnel authorizing or directing the use
of controlled property should have enhanced scenario -based training to examine, deliberate, and review
the circumstances in which controlled property should or should not be used.
8) DOCUMENTATION REQUIRED FOR "SIGNIFICANT INCIDENTS" LEAs must collect and
retain the information (described below) when any law enforcement activity involves a "Significant
Incident" which requires (or results in) the use of controlled property on the LEAs inventory. A "Significant
Incident" is defined as any law enforcement operation or action that involves: 1) a violent encounter among
civilians or between civilians and the police, 2) a use -of -force that causes death or serious bodily injury, 3)
a demonstration or other public exercise of First Amendment rights, or 4) an event that draws, or could be
reasonably expected to draw, a large number of attendees or participants, such as those where advanced
planning is needed. LEAs must:
a) Collect and retain documentation for controlled property used in a "Significant Incident" for a
minimum of three (3) years after the incident has oceurred. The LEA must provide documentation to
LESO upon request.
i) Documentation should also be made available to the community the LEA serves in accordance
with applicable policies/procedures with exemptions made concerning the disclosure of any
sensitive information,
b) No new report or format is required for "Significant Incident" reports so long as information is easily
accessible and organized, The required information may already exist in a police report, operations
plan, officer daily log, incident report, after -action report or described in a use -of -force report. If
required information (annotated below) is contained in a pre-existing reports, the LEA must simply
ensure that the report includes information that controlled property was used. Required information is
listed below:
i) Name and quantity of controlled property used, including relevant details such as
make/model/serial number of controlled property used.
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ii) Description of the LEA action/operation involving the controlled property.
iii) Identification of LEA personnel who used and directed the use of the controlled property,
iv) Identify or describe civilians who were the subject or target of LEA action/operation, For
large crowds or multiple persons, the LEA must provide general description of the civilians (i.e,,
a crowd of approximately 250 people).
v) Result of the action/operation in which controlled property was used (i.e., arrests, citations,
injuries or fatalities, use -of -force, vietim extraction, or property damage).
9) ANNUAL CERTIFICATIONS By signing the SPO Addendum, the LEA agrees to the below
certification statements. In addition, the LEA must annually certify compliance with the below certification
statements during the Annual LESO Program Inventory. LEAs must:
a) Certify they have authorization from their CGB to participate in the LESO Program,
b) Certify they have provided their CGB and local community a comprehensive list of controlled
property that may be requested through the LESO Program.
i) Notification may be made electronically or in writing and must be translated into appropriate
languages to inform individuals with limited English proficiency. It is recommended this
notification be done on an annual basis,
ii) If controlled property is not identified in the comprehensive list provided to the CGB and local
community, an updated notification to CGB and local community must be made, The CGB and
local community will be afforded 30-days to review what additional items are being requested,
c) Certify the request for controlled property comports/complies with all applicable approval
requirements of the CGB.
d) Certify they have adopted and comply with controlled property standards (i.e., appropriate use,
supervision of use, effectiveness evaluation, auditing/accountability of use, transparency/notice of use,
and record -keeping requirements.
e) Certify they have provided annual training to personnel on the maintenance, sustainment, and
appropriate use of controlled property, including respect for the rights of citizens under the Constitution
of the United States and de-escalation of force.
f) (LEAs with LRADs) Certify that the LRAD is utilized exclusively as a public address system for
commercial purposes.
g) Certify that controlled property vehicle(s) are utilized exclusively for disaster -related emergencies;
active shooter scenarios; hostage or other search and rescue operations; or antiterrorism preparedness,
protection, prevention, response, recovery, or relief,
h) Certify that controlled property requiring a license (or other authorization), is only utilized by
personnel who hold license (or other authorization) to operate such property.
i) Certify that controlled property will be returned to DLA Disposition Services when no longer needed.
j) Certify that they are abiding by the current LESO Program SPO and SPO Addendum, and maintain
a signed copy of these documents on file.
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k) Certify the Application for Participation on -file with LESO Program is current and accurately
reflects the number of officers in the agency when fully staffed. (Note: If Application for Participation
is not accurate, LEA must provide an updated Application for Participation to State Coordinators
Office).
1) Certify they are compliant with. LESO Program allocation limits. (Note: Property allocation limits
are based on the number of officers at an LEA when fully staffed),
rn) Certify that they agree to return the controlled property if the Department of Justice (DOJ)
determines or a Federal, State, Tribal, local, or territorial court enters a final judgment finding that the
LEA has engaged in a pattern or practice of civil rights violations.
n) Campus LEAs (as described in Section 4) must also certify that their policies and training include
specific provisions on using controlled property in a way that does not chill speech, is not disruptive to
the educational environment, and does not foster a hostile climate among students.
o) Program participants who are part of a regional sharing agreement (as described in Section 5),
must also certify that the other LESO Program participant in the regional sharing agreement requesting
the property under a conditional loan: 1) Have adopted requisite protocols in (as described in Section
6) or will adopt those protocols before their personnel use the controlled property, 2) Have provided
requisite training (as described in Section 7) or will provide that training before their personnel use the
controlled property, and 3) Will adhere to the information collection and retention requirements (as
described in Section 8).
10) SAVINGS CLAUSE/INTERPRETATION Nothing in this SPO Addendum shall be construed to
impair or otherwise affect the requirements under the existing SPO between the State and LEA (dated
February 2021), unless expressly amended herein. To the extent there is a disagreement concerning the
interpretation of this SPO Addendum or the extent this SPO Addendum affects requirements under the
existing SPO, the disagreement shall be resolved at the exclusive discretion of the LESO Program,
11) AGREEMENTS OF PARTIES By signing this SPO Addendum, the State and LEA acknowledges
and accepts these changes. The SPO Addendum must be signed by LEAs no later than January 1, 2023 to
remain eligible for LESO Program participation. The changes contained in this SPO Addendum are
acknowledged and accepted by the following:
Governor -appointed State Coordinator State of California
Title (Print): State Point of Contact (SPOC)
Name (Print): SFC (CA) Jenny A Beutler
BEUTLER.JENNY.A.12600i Digitally signed by
Signature (Sign) 5741 \BEUTLER.JENNY.A.1260015741
Date: 2023.12.2610:59:00 -08'00'
Date MM/DD/YYYY): 12/26/2023
Law Enforcement Agency Name: Redlands Police Department
Chief Law Enforcement Official (CLEO) Title (Print): Chief of Police
Name (Print); Rachel Tolber
Signature (Sign):-;
eezi/eza,„c.,
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Date MM/DD/YYYY):