Resolution Concerning the 15% Permissible Pass –Through of Forfeited Assets
WHEREAS, the United States Department of Justice modified its guidelines for the equitable sharing of federally forfeited funds with state and local law enforcement agencies in March of 1994; and
WHEREAS, one of the provisions contained in that modification, Section X(A)(3), permitted, for the first time, a state or local agency, which had received shared funds, the option of passing through up to 15% of those funds to other governmental departments or agencies, which in turn could transfer any such money to private, non-profit community organization to be used for certain purposes; and
WHEREAS, this provision caused great concern among administrators of state and local law enforcement agencies, feeling that they would be under undue and unnecessary political and special interest community groups pressure to choose between competing programs; and
WHEREAS, the staff of the Department of Justice, in an attempt to resolve the concerns of these administrators proposed two alternative positions-“the permissible use recommendation” or the “cash transfer recommendation” and sought the preference of IACP, as well as other law enforcement groups; and WHEREAS, the IACP Executive Committee, after thoughtful debate at its meeting in Phoenix, Arizona, on February 10, 1996, voted to indicate that the preference of the IACP was the “permissible use recommendation” to replace the 15% permissible pass0through and to express this view through appropriate communications; and WHEREAS, this action of the Executive Committee should be ratified by the general membership; now, therefore, be it RESOLVED, that the International Association of Chiefs of Police (IACP), duly assembled at its 103rd annual conference in Phoenix, Arizona, hereby ratifies the actions of the Executive Committee in expressing the preference of the “permissible use recommendation” over the “cash transfer recommendation” to replace the 15% permissible pass-through.