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<br />@ <br />; <br />!.! ..' <br />.~.' <br /> <br />r <br />.......,-~ <br />i~~' <br />\'=- ;J <br />'- ~/ <br />'.....:.....:-~ <br /> <br />MAR 2 2 2002 <br /> <br />MEMORANDUM <br /> <br />TO: State and Local Law Enforcement Agencies <br /> <br />SUBJECT: Use of Shared Funds to Pay Salaries <br /> <br />The Department of Justice and Department of the Treas~ry receive numerous inquiries <br />regarding the use of shared funds to pay salaries. This memorandum serves as a guide to law <br />enforcement agencies in determining whether shared funds may be used for salaries. . <br /> <br />Generally, recipient agencies are not allowed to use shared funds to pay salari~s and <br />benefits of current, permanent, law enforcement personnel. This ~nsures that the' payment <br />of salaries and benefits do not actually influence law enforcement priorities and prevents <br />the appearance that law enforcement decisions are motivated by the prospect of receiving <br />shared funds. Also, because the timing and amount of equitable sharing disbursements are <br />uncertain, recipients should not anticipate the availability of such funds to pay recurring expenses, <br />such as salaries and benefits. .J <br /> <br />Nevertheless, shared funds may be used to pay salaries in limited circumstances where <br />such concerns are minimal. The .exceptions to the general prohibitions are as follows: <br /> <br />1. <br /> <br />Overtime of officers and investigators. Shared funds may be used to pay the' <br />overtime of officers and investigators involved in operations that may result in <br />further seizu.res and forfeitures. This policy is not limited to drug-related <br />investigations. <br /> <br />2. First-year's salary of new law enforcement positions and temporary, or not to <br />exceed one-year, appointments. Shared funds may be used to pay first-year <br />salaries of new law enforcement positions, temporary positions, or not to exceed. <br />one-year appointments. <br /> <br />3. Salary of an officer hired to replace an officer assigned to a task force. <br />Shared funds may be used to pay the salary of an officer hired to replace an officer <br />assigned to a task force so long as the replacement officer does not engage in the <br />seizure of assets or narcotics law enforcement as a primary duty.! If it becomes <br /> <br />1 The term "task force" means a law enforcement entity constituted under federal, state, or <br />local law that is primarily engaged in specific and targeted law enforcement for not less than six <br /> <br />t. <br /> <br />