HomeMy WebLinkAboutState of Washington MOU for Law Enforcement Support Office Program Participating Law Enforcement Agency (LEA)APPROVED
By Deborah Smith at 4:29 pm, Sep 07, 2022
DEFENSE LOGISTICS AGENCY
EI SPOSITION SERVICES
74 WASHMGTON AVENUE NORTH
BATTLE CREEK, MICHIGAN 49037.3093
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 Iisted 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 Iift. (Note: These items were previously listed as controlled 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, suchas alligh 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 Iaw 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 l: 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 sworn 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) Rlot/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 Iists 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 indicatedin the below example descriptions), the
items are categorized as "controlled" property.
a) Long Range Acoustic Devices (LRAD) that do nothave 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 alerttones, 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 Iimited 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 controlled 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
(DOJ) 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 lunited 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 1st) 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.
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 1 st) thereafter. This notification should include a comprehensive list of any
controlled property that 1naY 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
Attorney General's Office on whether CGBs are authorized by state law to deny the
request.
iii) 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" (nonnally 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 Ioan 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, local, 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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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.
H) Record -Keeping Requirement- LEAS must retain comprehensive training records, either in
the personnel file of the officer who was trained or bythe 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 REQUMED FOR `°SIGNI]FICANT 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: 1) 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 concerning 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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ii) Description of the LEA action/operation involving the controlled property.
iii) Identification of LEA personnel who used and directed the use of the controlled property.
iv) Identify or describe civilians who were the subject or target of LEA action/operation. For
large crowds or multiple persons, the LEA must provide general description of the civilians (i.e.,
a crowd of approximately 250 people).
v) Result of the action/operation in which controlled property was used (i_e., arrests, citations,
injuries or fatalities, use -of. force, victim extraction, or property damage).
9) ANNUAL CERTIFICATIONS By signing the SPO Addendum, the LEA agrees to the below
certification statements. In addition, the LEA must annually certify compliance with the below certification
statements during the Annual LESO Program Inventory. LEAs must:
a) Certify they have authorization from their CGB to participate in the LESO Program.
b) Certify they have provided their CGB and local community a comprehensive list of controlled
property that may be requested through the LESO Program.
i) Notification may be made electronically or in writing and must be translated into Appropriate
languages to inform individuals with limited English proficiency. It is recommended this
notification be done on an annual basis.
ii) If controlled property is not identified in the comprehensive list provided to the CGB and local
community, an updated notification to CGB and local community must be made. The CGB and
local community will be, afforded 30-days to review what additional items are being requested.
c) Certify the request for controlled property comports/complies with all applicable approval
requirements of the CGB.
d) Certify they have adopted and comply with controlled property standards (i.e., appropriate use,
supervision of use, effectiveness evaluation, auditing/accountability of use, transparency/notice of use,
and record -keeping requirements.
e) Certify they have provided annual training to personnel on the maintenance, sustainment, and
appropriate use of controlled property, including respect for the rights of citizens under the Constitution
of the United States and de-escalation of force.
f) (LEAs with LRADs) Certify that the LRA➢ is utilized exclusively as a public address system for
commercial purposes.
g) Certify that controlled property vehicle(s) are 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.
h) Certify that controlled property requiring a license (or other authorization), is only utilized by
personnel who hold license (or other authorization) to operate such property.
i) Certify that controlled property will be returned to DLA Disposition Services when no longer needed.
j) Certify that they are abiding by the current LESO Program SPO and SPO Addendum, and maintain
a signed copy of these documents on file.
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k) Certify the Application for Participation on -file with LESO Program is current and accurately
reflects the number of officers in the agency when fully staffed. (Note: If Application for Participation
is not accurate, LEA must provide an updated Application for Participation to State Coordinators
Office).
1) Certify they are compliant with LESO Program allocation limits. (Note: Property allocation limits
are based on the number of officers at an LEA when fully staffed). .
m) Certify that they agree to return the controlled property if the Department of Justice (DOJ)
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.
n) Campus LEAS (as described in Section 4) must also 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.
o) Program participants who are part of a regional sharing agreement (as described in Section 5),
must also certify that the other LESO Program participant in the regional sharing agreement requesting
the property under a conditional loan: 1) Have adopted requisite protocols in (as described in Section
6) or will adopt those protocols before their personnel use the controlled property, 2) Have provided
requisite training (as described in Section 7) or will provide that training before their personnel use the
controlled property, and 3) Will adhere to the information collection and retention requirements (as
described in Section S).
10) SAVINGS CLAUSE/INTERPRETATION Nothing in this SPO Addendum shall be construed to
impair or otherwise affect the requirements under the existing SPO between the State and LEA (dated
February 2021), unless expressly amended herein. To the extent there is a disagreement concerning the
interpretation of this SPO Addendum or the extent this SPO Addendum affects requirements under the
existing SPO, the disagreement shall be resolved at the exclusive discretion of the LESO Program.
11) AGREEMENTS OF PARTIES By signing this SPO Addendum, the State and LEA acknowledges
and accepts these changes. The SPO Addendum must be signed by LEAs no later than January 1, 2023 to
remain eligible for LESO Program participation. The changes contained in this SPO Addendum are
acknowledged and accepted by the following:
Governor -appointed State Coordinator State of -Washington
Title (Print): Program Specialist
Name (Print): D'a*Richardso
Signature (Sign)�� _ _ Date MM/DD/YYYY): 9/7/2022
Law Enforcement Agency Name:
Signature (Sign):
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Date MM/DD/YYYY): Z �✓�
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