CHAPTER 800

STATE OF DELAWARE

EXECUTIVE DEPARTMENT

DOVER

EXECUTIVE ORDER

NUMBER SIX

TO: Heads of all State Departments and Agencies

SUBJECT: Delaware Agency to Reduce Crime (formerly the Delaware Law Enforcement Planning Agency)

WHEREAS, by his Executive Order Number 37, of August 20, 1968, Governor Charles L. Terry created the Delaware Law Enforcement Planning Agency; and

WHEREAS, it is desirable that said Agency continue to qualify under the federal "Omnibus Crime Control and Safe Streets Act of 1968", in accordance with the original conception of said Agency, and that it further qualify and be the State planning agency for purposes of the federal "Juvenile Delinquency Prevention and Control Act of 1968"; and

WHEREAS, it is desirable that both the membership and responsibilities of said Agency be expanded in order to better provide the comprehensive plans required by such federal legislation and to administer the planning and action grants available thereunder; and

WHEREAS, it is the Governor's intention that this Agency be the planning agency for and administer not only federal programs and federal funds, but also State programs and State funds provided in aid of local law enforcement agencies; and

WHEREAS, it is anticipated that sufficient funds will be appropriated to the Governor for the use of said Agency in aiding local law enforcement agencies, to be accomplished after such local entities have submitted applications for and obtained approval of specific action plans for the use of such funds, and upon receiving proof on the part of the local entity of ability to provide additional funds for accomplishing the purposes of the grant in an amount equal to at least one-half of the grant itself; and

WHEREAS, because of the expanded functions of the Agency beyond mere "planning", a more appropriate name for the Agency is considered to be: "Delaware Agency to Reduce Crime"; and

WHEREAS, it is expected that the expansion and upgrading of the role of the Delaware Agency To Reduce Crime as part of a broad crime reduction effort, and the providing of both federal and State funds to be administered by it, will lead to greatly enhancing the quality of law enforcement exhibited by Delaware's local agencies in this field which are not regularly financed by the Annual Budget Act of the State.

NOW, THEREFORE, I, Russell W. Peterson, by virtue of the authority vested in me as Governor of the State of Delaware, do hereby amend the Executive Order of August 20, 1968, designated Executive Order Number 37, and expand its contents in the following particulars:

1. The name "Delaware Law Enforcement Planning Agency" is changed to "Delaware Agency to Reduce Crime", wherever it appears, and shall henceforth be the name of the Agency.

2. Paragraph 2 of the prior order, listing the ex officio members of the Agency, is augmented by adding the "City Solicitor of the City of Wilmington" and the "United States Attorney for the District of Delaware". This paragraph is further amended by striking reference to "President of the Delaware Mayors Association" and substituting in lieu thereof "President of the Delaware League of Local Governments". Further amend paragraph 2 of the prior order by striking the word "President" of the Levy Court of Kent County and the Levy Court of Sussex County, respectively, and substituting the word "Representative", in both instances. In all other respects the list of ex officio members is reaffirmed and adopted.

3. Paragraph 3 of the prior order is stricken and in lieu thereof is substituted the following:

"In addition the Agency shall include up to 12 members representing the public at large who shall be appointed by the Governor and serve at his pleasure."

With respect to the six public members presently serving, this provision shall take effect upon their resignation or the expiration of their respective terms, whichever first occurs.

4. The designation of this Agency as the "State Planning Agency" within the meaning of the Omnibus Crime Control and Safe Streets Act of 1968 is reaffirmed and adopted and the Agency shall also carry out such State planning functions as may be required under the provisions of the Juvenile Delinquency Prevention and Control Act of 1968.

5. At the direction of the Governor, and in addition to any duties and responsibilities invested in the Agency heretofore, the Agency shall perform such other duties with respect to, and shall administrate, coordinate and implement, any federal or State program in the area of law enforcement planning and crime prevention as the Governor shall assign to it. Such powers and duties to act at the direction of the Governor in the area of law enforcement planning and crime prevention shall include authority to receive and administer federal and/or State funds, including both monies for direct grants and monies provided for matching purposes.

0. All State funds provided to the Agency at the direction of the Governor for the purpose of aiding local law enforcement agencies shall be administered and distributed according to the following guidelines and directions:

(a) The Agency is authorized to make grants of such funds at direction of the Governor to political subdivisions of this State, and law enforcement agencies thereof, which make application for the same, after it shall be satisfied that such grant and the local matching funds hereinafter described shall be used for any one of the following purposes, which shall be additional to the law enforcement program or functions of the local entity at the time of such grant:

(i) Public protection, including the development, evaluation, implementation and purchase of methods, devices, facilities and equipment designed to improve or strengthen law enforcement and reduce crime in public and private places.

(ii) The recruiting and hiring of law enforcement personnel and the training of personnel in law enforcement.

() Public education relating to crime prevention and encouraging respect for law and order, including education programs in schools and programs to improve public understanding and cooperation with law enforcement agencies.

(i) Purchase, lease, renovation or construction of buildings or other physical facilities designed to facilitate, improve and strengthen law enforcement, including, but not limited to, police stations, substations or precinct police facilities, located in decentralized areas of a political subdivision where particular need exists, crime prevention, limitation or potential civil disorders and the enhancement of police-community relations.

(ii) The organization, education and training of regular law enforcement officers, special law enforcement units and law enforcement reserve units for the prevention, detection and control of riots and other civil disorders, including acquisition of riot control equipment.

(iii) The augmentation or supplementation of salaries and other compensation of law enforcement personnel.

(b) Grants of State funds hereunder may also be made for the planning and preliminary staffing and administrative expenses associated with projects and programs in the categories set forth in subsection (a) of this Section. Such funds may be used by the local entities as part of the local matching share required by Federal Act if the Federal-local project or program is within the categories set forth in subsection (a) of this Section.

(c) All applications made by political subdivision shall be made on behalf of and signed by the chief executive officer of such subdivision. The Agency by rule and regulation shall prescribe the form and manner of applications and the method of accounting to the Agency for funds received hereunder and the results of all projects and programs.

(d) All grants made by the Agency shall be upon the condition that the political subdivision involved shall provide additional locally-raised funds for accomplishing the purposes of the grant amounting to at least one-half of the grant made by the Agency.

(e) All grants shall be made with a view to the comprehensive plan developed by the Agency pursuant to the Omnibus Crime Control and Safe Streets Act of 1968 and to the extent deemed advisable by the Agency, with approval of the Governor, such grants shall be in accordance with the priorities established by such plan.

7. In all other respects prior Executive Order Number 37, dated August 20, 1968, is reaffirmed and continued in effect.

Approved this 22nd day of May, 1969.

(GREAT SEAL) RUSSELL W. PETERSON

Governor

Attest:

EUGENE BUNTING

Secretary of State