Printer Friendly

Nonsupplanting Frequently Asked Questions

Nonsupplanting Scenarios | Nonsupplanting Frequently Asked Questions

  1. The Purpose of CHRP Funding
  2. The Nonsupplanting Requirement
  3. Allowable Costs under the CHRP Program
  4. Rehiring Officers under the CHRP Program
  5. CHRP Funding and the Retention Requirement of Other COPS Grants
  6. Monitoring and Document Retention


  1. The Purpose of CHRP Funding:

    How does the CHRP program create and save jobs?

    The CHRP program creates jobs by offering funding for newly hired officers, including providing funding for new officers to fill existing officer vacancies that are no longer funded as a result of state, local or tribal budget cuts. The CHRP program saves sworn officer jobs by allowing the rehiring of laid off officers or those who would be laid off without the grant.
    Back to the Top

  2. The Nonsupplanting Requirement:

    (1) Does the nonsupplanting requirement apply to the CHRP grant program?

    Yes. The nonsupplanting requirement is a legal requirement in the Public Safety and Community Policing Act, which is the COPS Office's authorizing statute.

    The nonsupplanting requirement means COPS grant funds must be used to supplement (not replace) state, local or Bureau of Indian Affairs (BIA) funds that would have been dedicated toward law enforcement if federal funding had not been awarded. As it applies to your agency's CHRP grant, grantees must not reduce the level of state, local or BIA funding that would have been dedicated toward sworn officer positions as a result of receiving federal funding.
    Back to the Top

    (2) The officers we plan to rehire are experienced officers who are paid a higher than entry-level salary and benefit package. May we use the CHRP funds to pay their salaries?

    Yes, but only for the entry-level portion of their salary and benefits package. CHRP funds are awarded based on your agency's current entry-level sworn officer salary and benefits package over a three-year period.  You can rehire experienced officers and use CHRP funding, but any additional costs higher than entry-level that your agency pays the rehired officers must be paid with local agency funds, not CHRP funds.  Please refer to your agency’s approved CHRP Financial Clearance Memorandum to confirm the total entry-level salary and benefits package approved by the COPS Office for the three-year grant period. If you need to request an additional copy of the CHRP Financial Clearance Memorandum, or would like additional detail on the specific approved entry-level benefit categories for your agency, please call the COPS Office Response Center at 1-800-421-6770.
    Back to the Top

    (3) My agency's fiscal year runs from July 1 to July 30. When we submitted our CHRP application for 5 new officer positions, our agency's budgeted sworn law enforcement strength was higher than it will be starting in our new fiscal year (July 1, 2009), because we experienced budget cuts to our sworn personnel after submitting the CHRP application. (For example, we reported 100 locally-funded sworn officer positions in our CHRP application, but as of July 1, 2009, we will have only 80 locally-funded sworn officer positions because of a 20% budget cut to the sworn personnel line item in our budget.) The budget cuts occurred as a result of severe local fiscal distress, but we did not have the opportunity to report this information in our CHRP application. If we do receive a CHRP grant, will our agency be required to maintain the previous (higher) level of budgeted sworn officer positions that we reported in our grant application (in addition to hiring or rehiring the CHRP positions) to comply with the nonsupplanting requirement? (For example, would we be required to fund the originally reported 100 locally-funded officers plus the 5 CHRP officers, for a total of 105 officers? Or could we fund the 80 locally-funded positions that exist in our budget as of July 1, 2009, plus the 5 CHRP positions, for a total of 85 positions?)

    • No. If your agency experiences budget cuts as a result of local fiscal distress, your agency may implement the CHRP grant, if awarded, over and above the new lower "baseline" of locally-funded sworn officer positions. (In the example above, this means that your agency could maintain a locally-funded baseline of 80 sworn officer positions plus 5 CHRP positions, for a total of 85 officer positions.) You will not be required to maintain the budgeted level of positions that you reported in your CHRP application as long as the budget cuts occurred for reasons unrelated to the anticipation or receipt of the CHRP grant program. 
    • Your agency must maintain documentation in your CHRP grant file to demonstrate the reason for any budget cuts so that you may demonstrate that the cuts were not related to the receipt of the CHRP grant in the event of a future audit or monitoring visit. Please also note that if your agency's budget cuts resulted in officer lay-offs and you now wish to apply your CHRP grant, if awarded, to rehire the laid off officers, you will have an opportunity after the grant awards are announced to request a grant modification for this purpose. 
    • What kind of documentation can prove that the lay-off(s) are not related to the receipt of CHRP funds?

      o Any records showing that the lay-off(s) occurred as a result of state, local, or tribal budget cuts. To show that the lay-offs did not occur as a direct result of the availability of CHRP funds, it is especially helpful to demonstrate that budget cuts occurred in the entire (or at least additional) municipal or tribal governmental departments, not just the law enforcement department. Or if budget cuts just occurred in the law enforcement agency's budget that they were across all categories not just for sworn officer positions. Documents might include:

      1. council meeting minutes discussing the budget cuts and lay-offs; 
      2. budget orders directing municipal departments to reduce their operating budget;
      3. personnel directives given to the officers who are scheduled for lay-off(s);
      4. any other local documents explaining why the lay-offs occurred; 
      5. and/or notices provided to the individual officers regarding the date(s) of the lay-offs.
        Back to the Top

  3. Allowable Costs under the CHRP Program:
        
    (1) What may my agency request funding for under the CHRP grant program?

    Applicants may request CHRP funding in three hiring categories to:

    1. hire new officer positions, which includes filling existing officer vacancies that are no longer funded in your agency's budget due to state, local, or tribal budget cuts;
    2. rehire officers who have already been laid off (at the time of application) as a result of state, local, or tribal budget cuts; and/or
    3. rehire officers who are (at the time of application) currently scheduled to be laid off on a future date as a result of state, local, or tribal budget cuts;

    CHRP grant awards will be made for officer positions requested in the above three hiring categories and recipients of CHRP grant awards are required to use grant funds for the specific hiring categories awarded. During our review of your agency's application, if the COPS Office needs to reduce the number of officer positions your agency requested for any of the hiring categories, the COPS Office, if necessary, will contact your agency to obtain your agency's new set of officer positions in each category.

    Your agency may not reduce its sworn officer budget just to take advantage of the CHRP grant. Any budget cut must be occurring for fiscal reasons unrelated to the receipt of CHRP grant funds (to avoid a violation of the nonsupplanting requirement).

    If your agency receives CHRP funding to prevent a scheduled lay-off(s), your agency must continue to fund the officers with local funds until the date of the scheduled lay-off, identify the number and date of the scheduled lay-off(s) in the CHRP application, and maintain documentation showing the date(s) and reason(s) for the lay-off(s).

    If your agency receives a CHRP grant and after receiving the grant, your agency needs to change the hiring category(s) it received funding under, your agency must request a post-award grant modification and must receive prior approval before spending CHRP funding.  To obtain information on modifying a CHRP grant award please contact the COPS Response Center at 1-800-421-6770.
    Back to the Top

    (2) Can CHRP grant funding be used to pay for officer overtime and/or eliminate officer furloughs?

    No. CHRP funding may only be used to hire and rehire full-time law enforcement officers in order to create and preserve jobs and to increase law enforcement agencies’ community policing capacity and crime prevention efforts.
    Back to the Top

    (3)  Can CHRP funding be used to fill sworn officer positions that are vacant at the time we apply for CHRP funding? 

    Yes, if the vacancies are no longer funded in your agency’s budget. CHRP funding may be used to fill vacant sworn officer positions if the positions are included in your agency’s law enforcement budget, but are unfunded (state, local or tribal funding has not been budgeted to pay for the salary and benefits costs of the positions) because of a hiring freeze or budget cuts due to local fiscal distress.
    Back to the Top

  4. Rehiring Officers under the CHRP Program:

    A. Officer Positions Already Laid Off at the Time of Application:

    (1) If my agency received CHRP funding to rehire officers who were already laid off at the time of application do we need to maintain documentation in the CHRP grant file regarding the lay-offs?

    Yes. Your agency should keep a record of the date(s) of their lay-off(s) and the date(s) the positions were rehired in your grant file for future monitoring or audit purposes. [Please keep in mind that CHRP grant funds will cover only an entry-level sworn officer salary and benefits package over a three-year period. Any additional funding higher than entry-level that your agency pays the rehired officers must be paid with local funds.]
    Back to the Top

    (2) If my agency is awarded CHRP funding to rehire officers laid-off before we receive the grant, when can we rehire those officers?

    Your agency may rehire the officers on or after the official grant award start date. In addition, your agency should maintain documentation showing the date(s) that the positions were laid off and rehired. [Please keep in mind that CHRP grant funds will cover only an entry-level sworn officer salary and benefits package over a three-year period. Any additional funding higher than entry-level that that your agency pays the rehired officers must be paid with local funds.]
    Back to the Top

    B. Officer Positions Scheduled to be Laid Off at the Time of Application:

    (1) If my agency received CHRP funding to rehire officers that were scheduled to be laid off in the future; do we need to maintain documentation in the CHRP grant file regarding the lay-offs?

    Yes.  Your agency must keep documentation in your grant file for future monitoring or audit purposes that shows:

    (a) the date of the lay-off(s);
    (b) the number of officers laid off;
    (c) the number of officers rehired with CHRP funds;
    (d) the date of the rehire(s); and
    (e) the reason(s) for the lay-off(s) (specifically showing reasons unrelated to the receipt of
         CHRP funds).
    Back to the Top

    (2) What kind of documentation can prove that the lay-off(s) are not related to  the receipt of CHRP funds?

    Any records showing that the lay-off(s) occurred as a result of state, local, or tribal budget cuts.  To show that the lay-offs did not occur as a direct result of the availability of CHRP funds, it is especially helpful to demonstrate that budget cuts occurred in the entire (or at least additional) municipal or tribal governmental departments, not just the law enforcement department.  Or if budget cuts just occurred in the law enforcement agency’s budget that they were across all categories not just for sworn officer positions.   Documents might include:

    1. council meeting minutes discussing the budget cuts and lay-offs;
    2. budget orders directing municipal departments to reduce their operating budgets;
    3. personnel directives given to the officers who are scheduled for lay-off(s);
    4. any other local documents explaining why the lay-offs occurred; and/or
    5. notices provided to the individual officers regarding the date(s) of the lay-offs.

    Back to the Top

    (3)   Our agency received CHRP funding to rehire officers who are scheduled to be laid-off in the future.  Do we need to actually lay off officers before using COPS funds and then rehire them?

    No, the rehired officers do not need to have a break in service.  As long as your agency can document the date the lay-off(s) would occur if the CHRP funds were not available, it may transfer the officers to the CHRP funding on or after the date of the lay-off without formally completing the administrative steps associated with a lay-off for each individual officer. However, it must continue to fund the officers with its own funds from the grant award start date until the date of the scheduled lay-off (for example, if the COPS award start date is September 1 and the lay-off is scheduled for November 1, then the COPS funds may not be used to fund the officers until November 1, the date of the scheduled lay-off).
    Back to the Top

    C. Future Officer Lay-Offs:

    If our agency’s economic conditions change after receiving a CHRP grant and we want to change the hiring categories from what we identified in our CHRP application, what should our agency do?

    If your agency receives a CHRP grant and after receiving the grant, your agency needs to change the hiring category(s) it received funding under, your agency must request a post-award grant modification and must receive prior approval before spending CHRP funding.  To obtain information on modifying a CHRP grant award please contact the COPS Response Center at 1-800-421-6770.
    Back to the Top

  5. CHRP Funding and the Retention Requirement of Other COPS Grants:

    (1)  May our agency apply for a CHRP grant if we have an active COPS Universal Hiring Program (UHP) grant for sworn officer positions?

    Yes.  Agencies with active COPS hiring grants are not disqualified from applying for a CHRP grant, but the CHRP-funded position must be over and above the number of officer positions the agency is required to retain under its UHP grant. 
    Back to the Top

    (2) Can CHRP funding be used to retain a UHP-funded position?

    No. CHRP grant funding may not be used to comply with the retention requirement of your UHP grant.  Instead, your agency must use state, local or tribal funding to retain the UHP-funded positions for one full local budget cycle following the conclusion of the grant period.  In addition, the retained officer position(s) must be over and above your agency’s locally-funded sworn force and any full-time sworn positions awarded under the CHRP grant.  
    Back to the Top

    (3) Is our agency required to retain the CHRP-funded positions following the conclusion of the 36 months of grant funding?

    Yes.  At the conclusion of federal funding, CHRP grantees are required to retain all officer positions awarded – including positions awarded to rehire laid off officers or to prevent lay-offs.  The additional officer positions should be added to the grantee’s law enforcement budget with state and/or local funds, over and above the number of locally-funded officer positions that would have existed in the absence of the grant. Absorbing CHRP-funded officers through attrition, rather than by adding the extra positions to your budget with additional funding, does not meet the retention requirement.
    Back to the Top

  6. Monitoring and Document Retention:

    (1) How will the COPS Office monitor my agency’s use of CHRP funds for rehiring laid off officers?

    The COPS Office monitors grantee compliance with all grant requirements in a variety of ways.  For example, your agency may receive an on-site monitoring visit from the COPS Office during the grant period, an on-site financial monitoring visit from the Office of Justice Programs, Office of the Comptroller, or it may be audited by the Office of the Inspector General Audit Division. Your agency also may be asked to submit written documentation demonstrating its compliance with the grant conditions or in response to evaluations by outside organizations. 
    Back to the Top

    (2) How long must we keep copies of all of these records to demonstrate when and why we rehired laid off officers?

    Your agency is required by law to maintain grant records to demonstrate your proper use of grant funds throughout the active grant period and then for at least an additional three years after the grant is officially closed out by the COPS Office.
    Back to the Top

Questions?
Please call the COPS Office Response Center at 1-800-421-6770.

Stay Connected
Icon Twitter LogoIcon Facebook logo RSS logoGovDelivery logo Button Image: Director's Corner
Button Image: Smart on Crime
Button Image: Resource Center
Button Image: Supporting Safe Schools
Button Image: Dispatch COPS E-Newsletter
Button Image: The Beat Podcast
Button Image: Contact Us