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RESOLUTION AUTHORIZING THE PASSAIC COUNTY SHERIFF’S OFFICE TO PARTICIPATE IN THE FEDERAL 1033 PROGRAM FOR THE CALENDAR YEAR 2025
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WHEREAS, the United States Congress authorized the Defense Logistics Agency (DLA) Law Enforcement Support Office (LESO) 1033 Program to make use of excess Department of Defense personal property by making that property available to municipal, county, and State law enforcement agencies (LEAs); and
WHEREAS, DLA rules mandate that all equipment acquired through the 1033 Program remain under the control of the requesting LEA; and
WHEREAS, participation in the 1033 Program allows municipal and county LEAs to obtain property they might not otherwise be able to afford to enhance community preparedness, response, and resiliency; and
WHEREAS, although the property is provided through the 1033 Program at no cost to the municipal and county LEAs, these entities are responsible for the costs associated with delivery, maintenance, fueling, and upkeep of the property, and for specialized training on the operation of any acquired property; and
WHEREAS, N.J.S.A. 40A:5-30.2 requires that the governing body of the municipality or county approve, by a majority of the full membership, both enrollment in, and the acquisition of any property through the 1033 Program; and
WHEREAS, the County of Passaic (hereinafter the “County”) is a body politic and corporate pursuant to N.J.S.A. 40:18-1 and vested with all rights contained therein; and
WHEREAS, pursuant to N.J.S.A. 40:20-1 the Board of County Commissioner of the County of Passaic (hereinafter the “Board”) is vested with managing the property, finances, and affairs of the County; and
WHEREAS, the Passaic County Sheriff’s Office (hereinafter the “PCSO”) is an LEA, and desires to participate in the Federal 1033 Program and seeks authorization to acquire both non-controlled properties designated as “DEMIL A” and controlled property designated as “DEMIL B through Q” (see Exhibit A); and
WHEREAS, the Law and Public Safety Committee reviewed this matter on December 17, 2024, and is now making a recommendation to the full Board for approval.
NOW, THEREFORE, LET IT BE RESOLVED, that the Passaic County Sheriff’s Office is hereby authorized to enroll in the 1033 Program for no more than a one-year period, from January 1, 2025, through December 31, 2025; and
LET IT BE FURTHER RESOLVED, that the Passaic County Sheriff’s Office is hereby authorized to acquire items of non-controlled property designated “DEMIL A” which may include office supplies, office furniture, computers, electronic equipment, generators, field packs, non-military vehicles, clothing, traffic, and transit signal systems, exercise equipment, farming and moving equipment, storage devices and containers, tools, medical and first aid equipment and supplies, personal protection equipment and supplies, construction materials, lighting supplies, beds and sleeping mats, wet and cold weather equipment and supplies, respirators, binoculars, and any other supplies or equipment of a non-military nature identified by the Department, if it shall become available in the period of time for which this resolution authorizes, based on the needs of the Department, without restriction.
LET IT BE FURTHER RESOLVED, that the Passaic County Sheriff’s Office is hereby authorized to acquire items of a controlled type designated as “DEMIL B through Q” as set forth in the three-page property list attached hereto as Exhibit A as well as any handguns, rifles, shotguns, non-lethal handguns/rifles, stun-guns, etc., subject to the following conditions:
(a) the Passaic County Sheriff’s Department may not acquire armored tactical vehicles or marine vessels over twenty-eight (28) feet long without the specific approval of this governing body; and
(b) the Passaic County Sheriff’s Department must also receive specific authorization from the governing body before acquiring any weapons, aircrafts, or MRAPS.
LET IT BE FURTHER RESOLVED, that the Passaic County Sheriff’s Office shall develop and implement a full training plan and policy for the maintenance and use of any of the aforementioned equipment that it acquires.
LET IT BE FURTHER RESOLVED, that the Passaic County Sheriff’s Office shall provide a quarterly accounting of all property obtained through the 1033 Program which shall be available to the public upon request.
LET IT BE FURTHER RESOLVED, that this resolution shall take effect immediately and shall be valid to authorize requests to acquire “DEMIL A” property and “DEMIL B through Q” property that may be made available through the 1033 Program during the period of time which this resolution authorizes.
LET IT BE FURTHER RESOLVED, that the Clerk to the Board, County Counsel, the Sheriff, and the Director of the Board of County Commissioners are authorized to execute an agreement and take any other steps necessary to carry out the purpose of this resolution.
PCR December 30, 2024