CHAPTER 692

STATE OF DELAWARE

EXECUTIVE DEPARTMENT

DOVER

EXECUTIVE ORDER

NUMBER SIXTY-SIX

TO: Heads of All State Departments and Agencies

RE: Delaware Agency to Reduce Crime Funds for State Aid to Local Law Enforcement

WHEREAS, there are thirty-four (34) local law enforcement units considered eligible for funding under the Delaware Agency to Reduce Crime (hereinafter referred to as "DARC") aid to local law enforcement program; and

WHEREAS, the administrative and clerical costs and time required to develop proposals for these funds appear to have been an excessive burden on both the local police units and DARC; and

WHEREAS, present administrative procedures setting forth the form and manner of submitting applications to the DARC for State aid to local law enforcement funds have proved cumbersome and unworkable and need to be simplified; and

WHEREAS, new administrative modifications herein set forth will in no way alter the basic intent or prescribed uses of State aid to local law enforcement;

NOW, THEREFORE, I, RUSSELL W. PETERSON, by virtue of the authority vested in me as Governor of Delaware, do hereby proclaim as follows:

The following rules, regulations and administrative procedures are hereby adopted to be followed by DARC and local jurisdictions in the administration of funds budgeted for State aid to local law enforcement:

Administrative Procedures

1. All law enforcement units which seek State aid are required to submit by July 30 of each year a statement of the number of full-time sworn officers as of July 1 of that year. This document must be signed by the Chief Executive Officer of the jurisdiction and the Chief of Police or Department of Public Safety.

0. Based on verification and compilation of the above data, the eligible law enforcement units will receive notice of funds reserved for use pending satisfactory application.

1. The amount for which each unit is eligible is to be computed by dividing the number of full-time sworn local officers in the State as of July 1 of the current fiscal year into the amount of funds allocated by the legislature to determine a per-man figure. That per-man figure is then multiplied by the number of full-time sworn officers in the jurisdiction making application.

2. Specific applications for funds can be made on or before August 31, October 31, or January 31. Funds reserved for local units, for which specific application is not made, are subject to reallocation.

3. Applications will be reviewed at DARC by the Associate Director of Planning and the Associate Director of Administrative Services with appropriate action recommended to the Executive Director and Executive Planning Committee within thirty (30) days of each deadline.

4. Formal notification of approval or conditional approval must be made by sixty (60) days after each deadline.

5. Grants under this program will not be monitored but will be audited annually to assure expenditure compliance with the terms of the application.

8. Budget modifications or adjustments must be requested and approved in advance of implementation.

9. Special Issues

(a) Where applications are used to match federal grants, all portions of the grant (federal and State aid) shall be subject to monitoring and/or evaluation requirements.

(b) Where applications are used to match federal grants, requests must be made by January 31.

10. All State funds provided to DARC for the purpose of aiding local law enforcement agencies shall be administered and distributed according to the following guidelines and directions:

(a) DARC is authorized to make grants of such funds 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 in addition to the law enforcement program or functions of the local jurisdiction 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 (a) 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; (b) limit potential civil disorders; and (c) improve police-community relations.

(v) 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. This includes acquisition of riot control equipment.

(vi) 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, 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 jurisdictions as part of the local matching share required by Federal law if the Federal-local project or program is within the categories set forth in subsection (a) of this Section.

(c) All applications shall be made on behalf of and signed by the Chief Executive Officer of the jurisdiction. DARC by rule and regulation shall prescribe the form and manner of applications and the method of accounting to DARC for funds received hereunder and for the reporting of results of all projects and programs.

(d) As much as possible, all grants shall be in accordance with the priorities established by the comprehensive plan developed by DARC pursuant to the Omnibus Crime Control and Safe Streets Act of 1968.

11. When an applicant has been notified of approval, funds should be requested as DARC shall prescribe.

12. The applicant is required to notify DARC in writing that the funds have been received within ten (10) days of the date of receipt.

13.

Approved This 28th day of December, 1972.

(GREAT SEAL)

RUSSELL W. PETERSON

Governor

Attest:

WALTON H. SIMPSON

Secretary of State