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HomeMy WebLinkAboutResolutions - 2022.06.23 - 37426BOARD OF COMMISSIONERS June 23, 2022 MISCELLANEOUS RESOLUTION #22-229 Sponsored By: Penny Luebs Sheriffs Office - Grant Acceptance with the Michigan Department of Treasury for the 2022 Law Enforcement Distribution Program Chairperson and Members of the Board: WHEREAS the Sheriff's Office has received the first of two disbursements from the Michigan Department of Treasury, Michigan Justice Training Fund for the program period January 1, 2022 through December 31, 2024; and WHEREAS the first disbursement is S33.408.08 and the county will receive the second disbursement in the Fall; and WHEREAS the fiends will be used for criminal justice in-service training of Michigan Commission on Law Enforcement Standards (MC"OLES) licensed late enforcement officer training costs; and WHEREAS this grant has completed the Grant Review Process in accordance with the Grants Policy approved by the Board at their January 21, 2021 meeting. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant funding from the Michigan Department of Treasury. Michigan Justice Training Fund, in the amount of S33.408.08 with no county match required for January 1, 2022 through December 31, 2024, BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, Nvhielr are consistent with the original award as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any fithue commitment and continuation of the grant program is contingent upon future levels of grant funding. BE IT FURTHER RESOLVED the FY 2022 budget is amended as detailed in the attached Schedule A. Chairperson, the following Commissioners are sponsoring the foregoing Resolution; Penny Luebs. 6z., du Date: June 23, 2022 David Woodward, Commissioner Lau Date: June 24, 2022 Hilarie Chambers, Deputy County Executive II i Date: June 27. 2022 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2022-06-14 Public Health K Safety - reconunend to Board 2022-06-23 Full Board VOTE TRACKING Motioned by Commissioner Charles Cavell seconded by Conunissioner Michael Gingell to adopt the attached Grant Acceptance: with the Michigan Deparunent of Treasury for the 2022 Law Enforcement Distribution Program. Yes: David Woodward, Michael Gingell, Karen Joliat, Kristen Nelson, Eileen Kowall, Angela Powell, Thomas Kuhn, Chuck Moss, Marcia Gersheuson. William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs. Janet Jackson, Gary McGillivray. Robert Hoffman. Adam Kochenderfer (17) No: Christine Long, Philip Weipert (2 ) Abstain: None (0) Absent: (0) Passed ATTACHMENTS 1, 2022 MCOLES Dist #1 Grant Acceptance Schedule A 2, grant review sign -off 3. State Police 0524 4. 2022 MCOLES Guidelines STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on June 23, 2022, with the original record thereof now remaining in my office. In Testunony Whereof. I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac, Michigan on Thursday, June 23, 2022. Lis(r Brown, Onkkmd Count, Clerk i Register gfDeedr Oakland County, Michigan 2022 LAW ENFORCEMENT DISTRIBUTION PROGRAM ACCEPTANCE Schedule W DETAIL R/E Fund NaTe 1 Div#ion Name Funtl# 1 1 DivlsionA 1 IODe+a4n9 Funtl P+oo+em# AccountY UnR 4k}iate Budget Aeie+acre Poled flee Protect# Aci"y Analysis Account TTe F/2022 Amendment FY 3023 FY 2024 Amendment Amendment R Law Enhancement Gaels Emergency Response fl Per, FND11005 CCN4030501 PRG110110 RC815571 2022 GR0000003085 Stale Grants 3340 Bann Total Revenu. e 33,405 E Lew Enfocement Grants Emergent' Response B Prep FND11005 CCN4030501 PRG110110 SC731304 2022 3110000003055 Coppers Twining 334Ge Total ExpentlRums 33p0a R Law Enforcement Grants Emergency Respmee a Prep FND11005 CCN4030501 PRG110110 R0615571 2021 GR0000000143 State Opeanng Grants p5,226) Total Revenue R5,2261 _ E Lew Enforcement Gans Emergency Response It Prep FND11005 CCN4030501 PRG110110 SC731304 2021 GR0000000143 Offcns Tralning -122fit Total Expenditures {T5,22a, .— GRANT REVIEW SIGN -OFF — Sheriff's Office GRANT NAME: 2022 Law Enforcement Distribution Registration FUNDING AGENCY: Michigan Commission on Law Enforcement Standards (MCOLES) DEPARTMENT CONTACT: Dena Dawkins/(248) 858-4990 STATUS: Grant Acceptance (Greater than $10,000) DATE: 05/31/2022 Please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The Board of Commissioners' liaison committee resolution and grant acceptance package (which should include this sign - off and the grant agreement/contract with related documentation) may be requested to be placed on the agenda(s) of the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Management and Budget: Approved —Lynn Sonkiss 05/31/2022 Human Resources: Approved — Heather Mason 05/26/2022 Risk Management: Approved — Robert Erlenbeck 05/31/2022 Corporation Counsel: Approved —Sharon Kessler 05/27/2022 Notice: This is not an official check or EFT notification. It may not be used as a substitute for the original document received. Vendor Code: CV0048080 Vendor Name: COUNTY OF OAKLAND. A MICHIGAN CONSTITUTIONAL CORP Alias/DBA: Assignee Name: Assignee Alias/DBA: DEPARTMENT NAME STATE OF MICHIGAN Check/EFT No. 5192438306 REMITTANCE ADVICE Check/EFT Date. 5/23/2022 INVOICE DATE VENDOR INV # INVOICE AMOUNT Document ID #: EFT 551 220000598240 Check/EFT Amount: 33408 08 Amount includes freight and/or is net of discount LINE AMOUNT CHECK/EFT DFCCR MTTnN State Police 22551LES0275 33,408.08 33A08.08 PA 302 Law Enforcement Distribution Michigan Commission on Law Enforcement Standards Kim STATE OF MICHIGAN Michigan Commission on Law Enforcement Standards 927 Centennial Way Lansing, MI 48917 Effective January 2022 through December 2022 Michigan Commission on Law Enforcement Standards 2022 Law Enforcement Distribution Guidelines TABLE OF CONTENTS 1. INTRODUCTION.......................................................................................................1 StatutoryAuthority.....................................................................................................1 ExecutiveOrder..... ............. _ ....... __ .... _ ........ ....................................... H. PURPOSE................................................................................................................. 2 III. ELIGIBILITY........................................................................... ...................................2 Determinations........................................................................................................... 2 Non -Discrimination ..................................................................................................... 3 Non-Compliance........................................................................................................ 3 IV. FISCAL RESPONSIBILITIES. ...... __ ........ _ ....................... ........ .... _ ....................... 3 Records Maintenance, Access, and Retention... ............................... ... _ .............. _.. 3 Annual Reporting Requirements... ................. ............... ___ ............... _ ..... .......... 4 AllowableExpenditures..............................................................................................4 Ineligible Expenditures.. .... ................ ............... ... - ........... _ ........ ................... 5 TravelRegulations... ......................... .................................................................... ... 7 Schedule of Travel Rates.. ............ ..................................... _ ... ... .......... - ... ............ 8 SelectCities..... ... _ .......... ................................................................................... ..... 9 Disposition of Equipment.........................................................................................10 V. SPECIAL USE REQUESTS...................................................................................10 Out of State Special Use Requests.........................................................................10 Equipment Special Use Requests...........................................................................11 Special Use Request Approval Process..................................................................11 APPENDIX A - DEFINITIONS ........... ........ ............. ......................... .............. _.......... .....12 Statutory Authority The Michigan Justice Training programs are regulated by state law, administrative rule, and executive order. Public Act 301 of 1982, created the Michigan Justice Training Fund (MJTF). Revenue to the Michigan Justice Training Fund is generated through Justice System Assessments that are levied and collected by the courts and submitted to the Michigan Department of Treasury for deposit into the Justice System Fund (JSF). The MJTF receives 11.84% of the JSF balance on a monthly basis. Both the JSF and the MJTF are interest -bearing accounts. Interest is posted to each account quarterly. The Michigan Justice Training Fund is a restricted fund. These funds may be used only for the criminal justice in-service (active duty) training of eligible trainees or such purposes as designated by legislative mandate. Public Act 302 of 1982 created the Michigan Justice Training Commission (MJTC) and set forth the responsibilities of that Commission. Section 3 of the Act directs the Commission to annually distribute 60% of the Justice Training Fund to eligible entities under the law enforcement distribution. The Act allows the Commission to use the remaining balance to award grants and pay for staff services to the Commission for administering and enforcing the statutory requirements of 1965 P.A. 302, as amended, and 1965 P.A. 203, MCL 28.601 to 28.615. The two funding programs are referred to as the Law Enforcement Distribution (LED) and the Competitive Grant Program, respectively. This document addresses the Law Enforcement Distribution. The administrative rules that prescribe the procedures by which the Commission shall distribute money from the fund were developed under the authority conferred on the Commission by section 10 of 1982 P.A. 302, as amended, by section 9 of 1965 PA 380, and by Executive Reorganization Order 2001-2, MCL 18,423, 16.109, and 28.621. With Executive Order 2001-5, Governor John Engler ordered the merger of the Michigan Justice Training Commission with the Commission on Law Enforcement Standards (COLES) to form the new Michigan Commission on Law Enforcement Standards (MCOLES) and transferred the responsibilities of P.A. 302 to the MCOLES. Executive Order 2001-5 also directed the Commission to focus its activities in order to accomplish the following objectives involving law enforcement organizations and officers: • increase professionalism, • increase the number of law enforcement organizations that offer formal in-service training and increase the number of law enforcement officers who receive formal in-service training, • institute law enforcement in-service training standards applicable to all law enforcement in- service training in Michigan, • implement a Web -based information system that will allow the Commission to accomplish its goals and communicate with Michigan law enforcement organizations in a more efficient manner. - 1 - fl#�7A;;77�;4y1 As mandated by the Act, the purpose of the LED program is to annually distribute Justice Training Funds to eligible agencies for in-service criminal justice training of their MCOLES licensed law enforcement officers. For the purposes of the LED program, criminal justice in-service training means a criminal justice educational program presented by an agency or entity eligible to receive funds pursuant to the Act or by a contractual service provider hired by the agency or entity eligible to receive funds pursuant to the Act, including a course or package of instruction provided to an eligible trainee for the payment of a fee or tuition, or education or training presented through the use of audiovisual materials, in which the program, education, or training is designed and intended to enhance the direct delivery of criminal justice services by eligible employees of the agency or entity. Any governmental agency of the executive branch of this state or a subdivision of this state that is established and maintained in accordance with the laws of this state and authorized by the laws of this state to employ or appoint law enforcement officers licensed under section 9 and 9 (a) of the MCOLES Act, 1965 P.A. 203, MCL 28.609 and 28.609 (a) is eligible to receive LED funding. This includes any Michigan city, village, township, county, community college, state supported college or university, state department, or authority formed by the joinder of two or more eligible municipalities that meets the requirements. Only MCOLES licensed law enforcement officers, employed by an eligible entity, are eligible trainees under this program. The Act also requires that an eligible agency shall submit an annual registration to establish or maintain eligibility to receive a distribution of justice training funds. Annual eligibility is determined by several factors. 1) Registration: A complete and accurate registration shall be submitted, in the manner prescribed by the Commission, on or before the established deadline. 2) Report of Expenditures: A complete accounting of expenditures charged to LED funds during the prior calendar year shall accompany the annual registration in the manner prescribed by the Commission. You must report regardless of whether LED funds were used or not. 3) Maintenance of Effort (MOR It is the intent of the Act to provide supplemental funding, not replace local funding, for in-service criminal justice training. To ensure compliance with this intent, the amount of local funds budgeted annually by the local unit of government for in-service training shall be equal to, or greater than, the amount budgeted for in-service training on October 12, 1982, or the first year of program participation. This initial figure is referred to as the agency's "base year" amount. 4) Roster of Officers: The law enforcement agency shall employ a minimum of one full-time equated (FTE) officer for the calendar year prior to the year in which the registration is submitted. A roster of licensed officers shall be provided in a manner prescribed by the Commission. LED payments will only be authorized for MCOLES licensed law enforcement officers named on the agency roster. -2- 5) Two-vear Expenditure Period: Recipient agencies are required to expend their entire annual distribution within two calendar years of the year of distribution. For example, LED funds received during 2020 must be expended by December 31, 2022. If the distribution is not expended within this time frame, the agency will be ineligible to receive any additional LED funding until the balance is expended and reported to the Commission. Licensure is issued by the Commission under 1965 P.A. 203, as amended. Any officer found not to be in compliance with the requirements shall be ineligible for the law enforcement distribution. Therefore, it is the law enforcement agency's responsibility to verify that each law enforcement officer registered for the law enforcement distribution meets the requirements of Act 203 in one of the following manners: • current election to the office of sheriff. o current employment by a law enforcement agency as a fully -empowered MCOLES-licensed law enforcement officer. Non -Discrimination Government units receiving money distributed under the Act, and any person or contractor performing services funded by such money, shall not discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment because of race, color, religion, national origin, age, sex, height, weight, or marital status in violation of Act 453 of the Public Acts of 1976, as amended. Upon certification of the Michigan Civil Rights Commission that a violation of these nondiscrimination requirements has occurred, a government unit's right to receive money under the Act may be suspended, terminated, or conditioned in any appropriate way that is consistent with the circumstances of the case. Nan -Compliance Non-compliance with the provisions of these guidelines shall result in a forfeiture of law enforcement distribution funding. IV. FISCAL. RESPONSIBILITIES All recipients of LED funds agree to maintain records documenting their annual calendar year LED expenditures in compliance with generally accepted accounting principles, to permit inspection of these records, and to cooperate with any audit requested or authorized by the local unit of government, the Commission, or the State of Michigan auditor general. All LED funds and expenditures shall be recorded in a fund or account separate from other funds or accounts. Recipients of LED funds must ensure that LED funds and expenditures are not comingled with any other funds. All financial records and supporting documentation for LED expenditures shall be retained by the agency for seven years following the calendar year in which the funds were expended. Recipients are obligated to protect these records adequately against fire or other damage. Records may be retained in an automated format. State and local governments may impose record retention and maintenance requirements in addition to those prescribed. -3- An agency receiving funds under this Act shall report annually to the Commission on the forms and in the manner prescribed by the Commission. Failure to report the required information shall result in ineligibility to receive LED funds. Beginning with the 1990 distribution, amendments to the Act require that each agency expend the entire annual distribution within two calendar years of the year of distribution. Therefore, training costs, supplies, and equipment purchases shall be assigned to the oldest funds available regardless of the year expended. The amended Act requires that if funds remain unexpended after the end of the second calendar year, the agency shall be ineligible for future funds until the remaining balance has been expended and reported. Beginning in 2017, amendments to the Act require that agencies return law enforcement distribution funds to the Michigan Justice Training Fund for redistribution if the funds have not been expended within five calendar years after the year in which they were received. After each annual registration, invoices will be created for agencies that have not expended their law enforcement distribution funds within this five-year timeline. Agencies must report closure or consolidation initiatives to MCOLES for close out processing. A final LED expenditure report may be submitted to report eligible expenditures incurred but not yet reported. Upon review and approval of the expenditures, an invoice will be generated for the return of any remaining unexpended funds. If a final expenditure report is not submitted, the agency will be invoiced for the full amount of unexpended funds as reported during the most recent annual registration. Funds returned will be deposited to the Michigan Justice Training Fund and will be re- distributed in a future Law Enforcement Distribution. The following expenditures are eligible for LED funding. All training courses being provided to in- service law enforcement officers in Michigan must be registered in the MCOLES Information and Tracking Network prior to the training being conducted, whether being provided by a Michigan based or out-of-state private or public vendor, as well as training offered by an agency for specific, in-house agency purposes. Allowable Expenditures: • Houriv salaries of instructors for the actual time spent preparing and presenting training, subject to the supplanting restrictions. ® in -state travel expenses for training programs outside of a 50-mile radius from the worksite or home (whichever is closer). Travel expenditures must not exceed the allowable travel rates outlined on page 8. ® Expenditure of LED funds for tuition costs for out-of-state training courses is allowable provided that the requesting law enforcement agency submits an Out -of -State Special Use Request to the Commission and the course was registered through the MCOLES Information and Tracking Network prior to the training dates. ® Expenditure of LED funds for reaistration oniv for out-of-state conferences or conventions providing the requesting law enforcement agency submits an Out -of -State Special Use Request to the Commission and is granted approval prior to attending the conference or convention. All other costs associated with the conference or convention must be covered by other funds. • A consortium fee for law enforcement training attended. Consortium fees paid shall be reported per year. • The reasonable rental costs for the use of a trainina facility for in-service training, if facilities owned or occupied by an eligible entity are either not available or are inappropriate due to the nature of the training. • The cost of purchasina or leasing training materials used to assist trainees in understanding in-service training topics. This includes items such as training manuals, tests, evaluations. Materials must be used exclusively for the direct delivery of criminal justice in- service training. • The reasonable rental cost or purchase price of equipment used exclusively for the direct delivery of in-service training; however, expenditures for purchase shall not be more than the total of 10% of the annual distribution, nor may any single item be more than $5,000.00, without prior approval of the Commission. Equipment that costs less than $300 shall be reported as a Supplies and Operating expense. o The Equipment Special Use Request form is available on-line. Additional information regarding equipment is outlined on page 11. • A flat rate or tuition paid to a contractual trainina provider hired by an eligible entity. The payment shall be in compliance with policies established by the Commission. • The cost of web -based programs, diaital or analoa media, or other such instructional media that are based upon interactive learning. • The cost of automated firearms trainina systems that simulate deadly force decision - making circumstances. Ineligible Expenditures: 1. Expenditures for salaries of trainees. 2. Hourly salaries of instructors for the actual time spent preparing and presenting training if the instructors are assigned to perform in-service training as part of their regular function with an eligible agency. 3. Meal and lodging expenditures that exceed the allowable rates outlined on page 8. In cases where charges for meals and lodging exceed the allowable rate, the grantee may utilize other funding sources to cover the additional charge. o The Commission will not authorize the use of justice training funds for travel costs to participate in criminal justice training unless the criminal justice training program is for the sole purpose of training or offers not less than 6 hours of qualifying training within any 24-hour period. 4. Criminal justice training not located in this state, unless the training event has first been approved by the Commission and is registered in MITN, as noted above. 5. Criminal justice training in another country. -5- 6. The purchase of firearms. 7. The purchase of alcoholic liquor. 8. The purchase of refreshments. 9. The publication of a newsletter. Law Enforcement Distribution Travel Regulations Lodqinq and Meals: Actual lodging and meal expenditures paid, including taxes, are allowable and shall not exceed the maximum allowance indicated in the current Schedule of Travel Rates. For LED purposes, there is not a daily per diem or allotment. In those cases where charges for lodging or meals exceed the allowable rate, the trainee or agency may utilize other funding sources to cover the additional charge. Trainee meals will only be allowed when training occurs both before and after the meal or the trainee is otherwise eligible for meals due to lodging. Select Cities: Specific meal rates have been established for select cities. The lodging rate for select cities is equivalent to the rate for all other cities. The list of select cities is displayed on page 9. Vehicle Mileage: Mileage expenses will be allowed at a rate not to exceed the allowable rate specified in the current Schedule of Travel Rates. Mileaqe and Lodainq Restriction: Travel expenses shall not be charged for mileage or lodging where training occurs within 50 miles, by standard mileage charts, of the home or work site, whichever is closer. An exception may be allowed for those persons who work or reside within a radius exceeding 25 miles of the training site when a minimum of two hours of training occurs following the evening meal. Mileage costs between the home or work site to an airport is not an allowable expense. Air Travel: The use of commercial airlines is permitted when it is advantageous based on comparative travel costs and the time of the traveler. Justice Training Funds may not be used to purchase first-class airfare. Baggage fees for one piece of personal luggage is allowed. Overweight or additional baggage fees are not allowed. Toll Charges: Toll charges and bridge fees are allowable. Taxi: Necessary taxicab fare between an airport terminal and meeting site is allowable. Car Rental: Charges for car rental are allowable. Parking: Parking charges at the most economical rate available is allowable. -7- ylmmgsw Law Enforcement Distribution Schedule of Travel Rates Effective January 1, 2022 through December 31, 2022 Michigan Select Cities Breakfast $10.25 Lunch $10.25 Dinner $24.25 Lodging $85.00 Michigan All Other Cities Breakfast $8.50 Lunch $8.50 Dinner $19.00 Lodging $85.00 Out -of -State Select Cities Breakfast $13.00 Lunch $13.00 Dinner $25.25 Lodging $85.00 Out -of -State All Other Cities Breakfast $10.25 Lunch $10.25 Dinner $23.50 Lodging $85.00 Standard Mileage Rate $.36 per mile SELECT CITIES MICHIGAN SELECT CITIES AND COUNTIES CITIES COUNTIES Ann Arbor, Auburn Hills, Beaver Island, Detroit, Grand All of Grand Traverse, Oakland, and Wayne Rapids, Holland,Leland, Mackinac Island, Petoskey, Pontiac, South Haven, Traverse City OUT-OF-STATE SELECT CITIES SELECT CITY OR STATE SELECT CITY OR COUNTY STATE COUNTY Arizona Phoenix, Scottsdale, Sedona Massachusetts Boston (Suffolk), Burlington, Cambridge, Woburn, Martha's Califomia Los Angeles (Los Angeles, Orange, Vineyard Mendocino & Ventura Counties, and Edwards AFB), Eureka, Arcata, Minnesota Duluth, Minneapolis/St. Paul Mckinleyville, Mammoth Lakes, Mill (Hennepin and Ramsey Valley, San Rafael, Novato, Monterey, Counties) Palm Springs, San Diego, San Francisco, Santa Barbara, Santa Nevada Las Vegas Monica, South Lake Tahoe, Truckee, Yosemite National Park New Mexico Santa Fe New York Lake Placid, Manhattan Colorado Aspen, Breckenridge, Grand Lake, (boroughs of Manhattan, Silverthorne, Steamboat Springs, Brooklyn, Bronx, Queens, and Telluride, Vail Staten Island), Riverhead, Ronkonkoma, Melville, Suffolk Connecticut Bridgeport, Danbury County, Tarrytown, White Plains, New Rochelle District of Washington DC (also the cities Columbia of Alexandria, Falls Church and Ohio Cincinnati Fairfax, and the counties of Arlington and Fairfax in Virginia; Pennsylvania Bucks County, Pittsburgh and the counties of Montgomery and Prince George's in Maryland) Rhode Island Bristol, Jamestown, Middletown/Newport (Newport Florida Boca Raton, Delray Beach, Jupiter, Fort County), Providence Lauderdale, Key West Georgia Brunswick, Jekyll Island Texas Austin, Dallas, Houston, L.B. Johnson Space Center Idaho Sun Valley, Ketchum Utah Park City (Summit County) Illinois Chicago (Cook and Lake Counties) Vermont Manchester, Montpelier, Stowe, Kentucky Kenton Lamoille County Louisiana New Orleans Virginia Alexandria, Falls Church, Fairfax Maine Bar Harbor, Kennebunk, Kittery, Rockport, Sanford Washington Port Angeles, Port Townsend, Seattle Maryland Counties of Montgomery & Prince Wyoming Jackson, Pinedale Georc e, Baltimore Citv, Ocean City M Disposition of Equipment For the purposes of LED funding, to be defined as "equipment" an item shall: 1) be directly involved in the delivery of in-service criminal justice training; 2) be personal property (as distinguished from real property), such as machines, audio/video and computer hardware, etc.; 3) have a normal useful life of more than one year; 4) not become a fixed part of a building or structure; and 5) have a purchase price of $300 or more. Equipment purchases approved by the Commission may be retained by the recipient agency as long as the equipment is used for the provision of in-service criminal justice training. When equipment is no longer used for the provision of in-service criminal justice training, the recipient agency shall notify the Commission to request disposition. The Commission may select one of the following actions: a. Transfer of the equipment to another training program. Costs of the transportation of the equipment will be borne by the receiving agency. b. Approve the sale of the equipment, with the arrangements for the sale to be made by the agency possessing the equipment. The agency will be allowed to retain 10% of the receipts from the sale; the remainder shall be returned to the Justice Training Fund. c. Dispose of the property in any other manner consistent with the purposes of the Act, as amended. V. SPECIAL USE REQUESTS Out -of -State Special Use Requests The Act contains specific mandates relative to the expenditure of Justice Training Funds for out-of- state training. The intention is, of course, that justice training funds be expended primarily within the state of Michigan to purchase services and materials from Michigan vendors whenever possible. The policy states that the Commission will not fund any out-of-state criminal justice training program, unless all reasonable efforts to locate a similar training program in this state have been exhausted, and the Commission is satisfied that a similar training program is not available in this state. It is the eligible entity's responsibility to make every reasonable effort to locate a Michigan based provider. At a minimum, the applicant shall contact a statewide provider (e.g., the Michigan State Police or the Michigan Municipal League), local or regional providers (e.g., community colleges or universities), and consult the MCOLES Schedule of Training Courses. The Schedule contains information about in-service criminal justice training programs offered in Michigan and is published on the MCOLES web site (www.michioan.00v/mcoles). If the required in-service training is not available in Michigan, the agency shall submit an Out -of -State Special Use Request that must include a detailed explanation of the contacts made and justification for selection of the out-of-state training program. Out -of -State Special Use Requests are categorized for Commission action into the following two groups: Agency Approval. An individual agency requests approval to send eligible trainees to out-of- state training. These requests will be acted upon individually. Blanket Approval. The Commission will give blanket approval, when requirements are met, for attendance by all agencies at annual conferences, e.g., NSA, and IACP. It is the responsibility of the Commission staff to publicize these approvals, and to monitor compliance with the policy regarding the 6:24 ratio for actual hours of training. These approvals will be for the payment of reoistration fees only. All other costs associated with the conference or convention must be paid by other funds. Equipment Special Use Requests The Administrative Rules for Public Act 302 of 1982, as amended, state that the expenditure of funds under this Act for the purpose of equipment purchases must be approved by the Commission when total annual equipment purchases will exceed 10% of the agency's annual distribution, or when the purchase price of a single equipment item equals or exceeds $5,000. Special Use Request Approval Process The forms used to request Commission approval for the special use of LED funds, as outlined above, are the Out -of -State Special Use Request (MJT-511) and the Equipment Special Use Request (MJT-512). These forms are available on the MCOLES web site. Both types of requests require Era for approval. Written notification of Commission action will be returned to the requesting agency. Each approval is assigned a unique special use request processing number, and this number is noted on the written notification. Definitions Conference - A prearranged formal meeting of a group of people from an organization, association, or profession, for the purpose of discussion or consultation of a specific topic. Convention - A prearranged, periodic assembly of a group of people from an organization, association, or profession, for the purpose of exchanging information Group Meetino - A prearranged meeting of a group of people for the purposes of conducting training, workshops, or seminars. -11- APPENDIX A - DEFINITIONS "Act" means Act No. 302 of the Public Acts of 1982, as amended. "Commission" means the Michigan Commission on Law Enforcement Standards (MCOLES) "Consortium" means a public or quasi -public entity established to provide in-service training to criminal justice entities that obtain consortium membership through payment of fees to the consortium. "Criminal justice education program" means a learning experience that generates competency through reading, listening, observing, performing, problem -solving, or interacting with others, the object of which is the introduction or enhancement of knowledge, skills, or judgment related directly to the performance of professional criminal justice tasks currently assigned or assignable. "Direct delivery of criminal justice services" means the execution of the duties of line law enforcement officers provided to the general public (e.g., traffic enforcement, first aid, investigation, community policing and problem solving) and the execution of administrative tasks that enhance the abilities of line officers to provide direct delivery of criminal justice services. "Distribution" means the amount distributed to law enforcement agencies, in two payments, from the Fund within one calendar year, under the provisions of Section 3 of the Act. "Equipment" means, for the purposes of the Act, durable products used only for the direct delivery of in-service training, and is personal property (as distinguished from real property) that is non - expendable and intended for repeated use with a normal useful life of more than one year, and has a single unit purchase price of $300 or more. Equipment may include items such as audio/video equipment, computer hardware, projectors, defensive tactics protective gear, etc. "Full-time equated officers" or "FTEs" means the count to be used for distributions as determined in Section 3 (4) of the Act. "Fund" means the Michigan Justice Training Fund. "In-service criminal justice training" means a criminal justice educational program presented by an agency or entity eligible to receive funds pursuant to this act or by a contractual service provider hired by the agency or entity eligible to receive funds pursuant to this act, including a course or package of instruction provided to an eligible trainee for the payment of a fee or tuition, or education or training presented through the use of audiovisual materials, in which the program, education, or training is designed and intended to enhance the direct delivery of criminal justice services by eligible employees of the agency or entity. "Law enforcement officer" means an individual who is continuously employed and paid by a police force as a law enforcement officer who is responsible for the prevention and detection of crime and empowered to enforce all of the general criminal laws of this State. "MCOLES licensed officer" means a person who has met all of the selection, employment, training, or recognition of prior training and experience standards of Public Act 203 of 1965, as amended, and who is licensed by the Michigan Commission on Law Enforcement Standards. -12- "Paid" means monetary compensation at not less than the federal minimum wage established in the Fair Labor Standards Act of 1938, as amended; 29 U.S.C. §206. "Report period" means the calendar year, beginning January 1, through December 31, during which reported activity occurred. -13-