Nonsupplanting Requirement
DEFINITION: For the purpose of COPS grants, supplanting means using
COPS grant funds to replace state or local funds which otherwise would have been
spent on the specific law enforcement purpose of the COPS grant awards. COPS
officer and civilian positions must be in addition to any locally-funded
positions, and COPS technology must be in addition to any locally-budgeted
equipment or technology expenditures.
COMPLIANCE: To be in compliance with the nonsupplanting requirement,
COPS grant funds are to be used to supplement the budget of the law enforcement
agency, not replace any currently, historically, or future appropriated funds
for the grant purposes. An analysis of supplanting is a two-step process. The
first step is to examine the facts that occurred during the life of the grant in
order to determine if a supplanting violation might have transpired because a
reduction in local or state funding for the grant-funded purpose occurred after
the grantee received funding. The second step is to review the reason for the
reduction, including supporting documentation, to determine why the reduction
occurred. Examples of relevant documentation include both historic and current
copies of the grantee's budget, local government policies and meeting minutes,
and other documentation reflecting the reasons for the reduction in the
department's budget. The key to whether a supplanting violation has occurred is
whether the reduction of local or state funding, a fact that might "look
like" supplanting, would have occurred regardless of the receipt of COPS
grant funds for reasons unrelated to the COPS grants.
Additionally, to comply with the nonsupplanting requirement, officers or
civilians hired under a grant must be newly hired on or after the grant award
start date, and equipment or technology funded with grant funds must be
purchased on or after the grant award start date. Grantees may not fill a
position with an individual who was hired prior to the award start date, and may
not expend funds on equipment or technology purchased prior to the award start
date, unless an exception is authorized in writing by the COPS Office.
Exceptions are authorized only in rare circumstances and upon clear proof that
local law enforcement funds were not already budgeted or committed for the hire
or purchase. Examples of relevant documentation include budget documents,
staffing levels, offer letters provided to individuals, and contracts of
purchase. If a grantee receives authorization to expend funds on an officer or
civilian hired pre-award, funds may only be spent on the allowable salary and
benefits as of the award start date.
