Some
confusion exists concerning Chapter 3, Contractual Agreements for Law
Enforcement Services and standard 3.1.1, “A
written agreement exists governing law enforcement services provided by the
agency and includes:..” The
standard’s bullets address a statement of specific services provided,
financial agreements, records, contract construction and legal contingencies,
control over agency personnel, use of equipment and facilities, and review and
revision.
Chapter
3 becomes applicable only when the law enforcement agency receives a fee from
another agency, organization or jurisdictional entity for law enforcement
services rendered. It does not
cover any services provided where there is no fee.
There
has been some confusion about the applicability of the chapter when the other
agency or governmental entity is within the same jurisdiction. To clarify applicability, simply follow the money.
Consider its source and where the money ultimately ends up.
When
the money stays within the agency’s budget or that of its parent
government’s coffers, the standard remains non-applicable.
Sometimes this arrangement represents a simple transfer of funds to cover
operational costs, rather than the provision of law enforcement services for a
fee. For example, the City’s
parks department is charged for the cost of a city police officer who is
assigned to the park for patrol and security.
Both departments are directly under the control of the city government
and the standard does not apply.
However,
when the fees originate from another autonomous organization, separate political
entity, or different jurisdiction and are paid directly to the agency or the
agency’s parent organization, the standard will become applicable.
For example, an independent school board, not under the control of the
city, contracts for school resource officers with the police department and pays
a fee to the city’s general fund. The
standard applies and a contract is needed.
If
you follow the money, you will simplify your own determination of when Chapter
3, Contractual Agreements becomes applicable.
When in doubt, contact your CALEA Program Manager.
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