Agreement

Docusign Envelope ID: C93EDE90-3B22-4553-BA1 7-4B7812F47C03

f APPROVED
C24-075 1 ia John Williams at 12:22 pm, Jun 20, |
State Plan of Operation (SPO) betwee —_—_______

The State of Arizona and the
(State/United States Territory)

Glendale Police Department
Law Enforcement Agency (LEA)

os <a

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 (LAW) 10 USC § 2576a, 10 USC § 280, DoDM 4160.21 and DLAI 4140.11. The DLA defines
“Jaw 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.

A. Operational Authority
a. The Governor of the State of Arizona has appointed Matt Van Camp as the State Coordinator in
writing with an effective date of August 17" 2023 to implement this program statewide as well as
conduct management and oversight of this program. The Tonto Apache Tribal Police Department
provides funding / budgeting to administer this program. The LESO program is a division of the
Arizona Public Safety Procurement Program or the AZPSPP.
B. Membership Fee
a. The AZPSPP may institute a membership fee to cover administrative costs associated with
managing the LESO program. The AZPSPP uses a budget year of July 1° thru June 30" as it’s
yearly cycle. Membership fees are due after July 1“ of the current year. The AZPSPP currently has
a $500.00 per year membership fee for each participating agency that has 49 or less sworn personnel
and a $1000.00 membership fee for participating agencies that have 50 or more sworn personnel.
Membership fees can be paid by check or credit card to the Tonto Apache Tribal Police Department
LESO Program by Mail at 30 Tonto Apache Reservation Payson, AZ 85541, or by phone to 928-
474-5000 ext 8153.
b. The provided funding is used to support the mandates in this plan for Program Compliance Reviews
(PCR’S), training, computer hardware and software, travel and customer service. This includes
computer / telephone assistance and physical visits to the LEA for training.

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

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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.

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 Sves 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.

(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

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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. If the LEA’s
policy allows for disposal of DEMIL “A” and “Q6” property by sale or auction, all funds generated
by the sale of DoD acquired property will be restricted for the LEA’s use only. It cannot be transferred
to the General Fund of the LEA’s parent Governing body’s budget. DoD acquired property will be
fully utilized or offered to another program participant by the LEA prior to disposal. DoD property
will not be acquired to supplement the LEA’s budget.

(3) After one year from ship date, DEMIL “A” and “Q6” property may be transferred, cannibalized
for usable parts, sold, donated, or scrapped. All usable/repairable DEMIL “A” and “Q6” property
that was obtained from the LESO program will be offered to other State, Local or Federal participants
of the LESO program through the State Coordinators Office prior to being disposed of per agency
policy. A Photo and description of the item shall be emailed to the State Coordinators Office for
dissemination to all Arizona participants of the program. After 15 days of being offered to other
program participants, the LEA may follow their agencies policy for disposal.

(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.

i) 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.

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.

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e) Provide program participants the following information:
i) The LESO Program State POCs:

State Coordinator (SC): Matt Van Camp Tonto Apache Police Department 928-595-4020

State Point of Contact (SPOC): Pepper Van Camp azleso] 122\@ gmail.com 928-951-2176

State Point of Contact (SPOC): Don McWilliams _dmewilliams@Buckeyeaz.gov_623-271-1959

State Point of Contact (SPOC):

ii) SC/SPOC Facility Information:

Physical Mailing Address: 30 Tonto Apache Reservation Payson, AZ 85541

Email: azlesol 122@gmail.com

Phone Number: CELL 928-595-4020 / 928-978-0010 Office 928-468-1050

Website:

Hours of Operation: Monday thru Friday 8:00 AM to 5:00PM _ Hours could vary based on work
assignments.

iii) Funding to administer the LESO Program at the State-level is provided via:

Tonto Apache Tribal Police Department

30 Tonto Apache Reservation Payson. AZ 85541

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.

6) LESO WEBSITE The State shall access the LESO website 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
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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 shall:

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.

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-related 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.

iii) 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

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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).
(a) LESO may authorize over allocations of small arms in preparation for inevitable scenarios,

i.e. training, equipment downtime (damage, routine maintenance, inspections) or other law
enforcement needs. The chart below is the standard for small arms acceptable over-allocations:

Small Arms Acceptable
Over-Allocations

# of Officers| _# by type
1-10 2 or less
11-25 3 or less
26-100 5 or less
101-299 8 or less
300 ormore| _10 or less

(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.

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10) PROPERTY MANAGEMENT Certain controlled equipment shall have a documented chain of custody
(i.e. an acceptable ECR), including a signature of the recipient. Controlled property requiring an ECR: small arms
(including 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.

b) Vehicles-Program participants that request vehicles used for disaster-related emergency preparedness, such
as 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 Sves 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 smal! 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 until 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

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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.

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 smal] 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 to 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 Sves, based upon the findings of the FLIPL, may be paid by one
of three methods: 1) credit card via pay.gov, 2) cashier/ business check, or 3) wire transfer.

(3) In instances of LSD small arm recovery, DoD 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.

iti) Reserve the right to conduct no notice PCRs, or require an annual review, or similar inspection, on a
more frequent basis for any State/LEA.

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.

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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.

iii) Contact LEAs that have been selected for the PCR via phone, email or in person to ensure they are
aware of the schedule and 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.

vi) Ensure LEAs understand property shall be transferred to a participating agency with SC and LESO
approval or returned to DLA Disp Sves 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 State-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 the 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.

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(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 Arizona . the annual physical inventory and certification in the property
accounting system process starts on July 1 and must be completed by __ August 3 Ist . 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 [AW 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):

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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. Zermination-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.

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 turn-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.

ii) 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.

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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.

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 JAW 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 participants, 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, communications, 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.

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

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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:

Governor-appointed SC/SPOC, State of: Arizona

. Matt Van Cam
Full Name (Print): — s,jneaby: P

Signature (Sign): Matt Van. Camp Date (MM/DD/YYYY): 8/4/2024
5.

Chief Law Enforcement Official (CLEO) (or designee): Glendale Police Department

Chief of Police
Chris Briggs

Title (Print):

Full Name (Print):

Signature (Sign): Date (MM/DD/YYYY):

ATTEST:

Julie Bower, City Clerk (SEAL)

APPROVED AS TO FORM:

Michael Bailey, City Attorney

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By Deborah Smith at 8:25 am, Sep 07, 2022 |

hae

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 EO 14074 which reestablishes EO 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 controtled 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).

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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 a High Mobility Multi-purpose Wheeled Vehicle HMMWV), 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).

f) 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 I: 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 swom 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 under .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).

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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 “controlied” 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
trucks, 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- EO 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 certification.

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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 controtled 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
(DOS) 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 Ist) thereafter. This notification
should include a comprehensive fist 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 Ist) 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 elected Sheriff's 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
Attomey General’s Office on whether CGBs are authorized by state law to deny the

request.

iit) 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.

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(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 receive controlled vehicles are required to remove the militaristic
appearance (i.e., 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.

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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, iocal, 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.

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Docusign Envelope ID: C93EDE90-3B22-4553-BA1 7-4B7812F47C03

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: |) 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 occurred. 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 conceming 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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