CHAPTER
Saf-C 4000 NORTHERN BORDER ALLIANCE
PROGRAM
Statutory
Authority: RSA 21-P:70
REVISION
NOTE:
Document
#13815, effective 12-1-23, adopted Chapter Saf-C 4000, titled “Northern Boarder
Alliance Program”, as an interim rule to implement RSA 21-P:69 and RSA 21-P:70
which established the Northern Border Alliance Program and the Northern Border
Alliance Fund pursuant to 2023, 79:477, effective 7-1-23.
Chapter
Saf-C 4000 had formerly contained rules titled “Motor Carriers Transporting
Property for Hire”. Document #5560,
effective 1-21-93, had adopted Chapter Saf-C 4000, which was readopted with
amendment by Document #6918, effective 12-23-98. The former Saf-C 4000 subsequently expired
12-23-06. The rules had implemented RSA
375-B, which was later repealed by 2013, 100:6, I, effective 8-23-13.
PART
Saf-C 4001 PURPOSE AND SCOPE
Saf-C 4001.01 Purpose. Pursuant to RSA 21-P:69 and RSA 21-P:70, this
chapter establishes the process for grants issued by the department of safety
from the northern border alliance fund to other New Hampshire state, county,
and local law enforcement agencies to reduce the instance of crimes and illicit
activity in close proximity to the Canadian border.
Source. (See Revision Note at chapter heading for
Saf-C 4000) #13815, INTERIM, eff 12-1-23, EXPIRES: 5-29-24; ss by #14024, eff
7-12-24
Saf-C
4001.02 Scope. These rules shall apply to other New
Hampshire state, county, and local law enforcement agencies seeking grants from
the northern border alliance fund, for the
following purposes:
(a) Overtime
costs for officers performing law enforcement activities under this program;
and
(b) Training costs, including overtime backfill,
for all officers participating in this program to attend the mandatory training
provided by the New Hampshire state police, as described in Saf-C 4004.01(b).
Source. (See Revision Note at chapter heading for
Saf-C 4000) #13815, INTERIM, eff 12-1-23, EXPIRES: 5-29-24; ss by #14024, eff
7-12-24
Saf-C 4002.01 “Applicant” means a state, county, or local
New Hampshire law enforcement agency that has chosen to apply for grant funding
under this chapter.
Source. (See Revision Note at chapter heading for
Saf-C 4000) #13815, INTERIM, eff 12-1-23, EXPIRES: 5-29-24; ss by #14024, eff
7-12-24
Saf-C 4002.02 “Authorizing official” means a law
enforcement agency head or official exercising authority promulgated under RSA
31:95-b, RSA 37:6, or RSA 23:1, who is authorized to legally bind the
applicant.
Source. (See Revision Note at chapter heading for
Saf-C 4000) #13815, INTERIM, eff 12-1-23, EXPIRES: 5-29-24; ss by #14024, eff
7-12-24
Saf-C 4002.03 “Commissioner” means commissioner of the New
Hampshire department of safety or the commissioner’s designee.
Source. (See Revision Note at chapter heading for
Saf-C 4000) #13815, INTERIM, eff 12-1-23, EXPIRES: 5-29-24; ss by #14024, eff
7-12-24
Saf-C 4002.04 “Department” means the New Hampshire
department of safety.
Source. (See Revision Note at chapter heading for
Saf-C 4000) #13815, INTERIM, eff 12-1-23, EXPIRES: 5-29-24; ss by #14024, eff
7-12-24
Saf-C 4002.05 "Northern border alliance patrol
area" means the area within New Hampshire that is within a radius of 25
air miles of the southernmost border between New Hampshire and Canada, located
in the area of Hall Stream at the tri-point intersection of Pittsburg, New
Hampshire, Beecher Falls, Vermont, and East Hereford, Quebec.
Source. (See Revision Note at chapter heading for
Saf-C 4000) #13815, INTERIM, eff 12-1-23, EXPIRES: 5-29-24; ss by #14024, eff
7-12-24
Source. (See Revision Note at chapter heading for
Saf-C 4000) #13815, INTERIM, eff 12-1-23, EXPIRES: 5-29-24; ss by #14024, eff
7-12-24
Saf-C 4002.07 “State” means the state of New Hampshire.
Source. (See Revision Note at chapter heading for
Saf-C 4000) #13815, INTERIM, eff 12-1-23, EXPIRES: 5-29-24; ss by #14024, eff
7-12-24
Saf-C 4002.08 “Supplant” means to use northern border
alliance program grant funds to replace locally budgeted and approved funds for
routine law enforcement.
Source. (See Revision Note at chapter heading for
Saf-C 4000) #13815, INTERIM, eff 12-1-23, EXPIRES: 5-29-24; ss by #14024, eff
7-12-24
PART
Saf-C 4003 APPLICANT ELIGIBILITY
Saf-C
4003.01 Eligible Applicants. Eligible applicants shall be New Hampshire
state, county, and local law enforcement agencies having law enforcement
jurisdiction within the northern border alliance patrol area pursuant to RSA
104:6, RSA 105:3, RSA 21-M:3-b, or other statutory law.
Source. (See Revision Note at chapter heading for
Saf-C 4000) #13815, INTERIM, eff 12-1-23, EXPIRES: 5-29-24; ss by #14024, eff 7-12-24
PART Saf-C
4004 CONDITIONS OF GRANT FUNDING
Saf-C 4004.01 Grant Conditions.
(a)
Grant funds awarded pursuant to the northern border alliance fund shall
support activities that focus on reducing
the instance of crimes and illicit activity occurring within the northern
border alliance patrol area by reimbursing:
(1) Overtime costs for officers
performing law enforcement activities under this program, provided that:
a. No “flat rate,” “detail rate,”
or otherwise approved waiver rate under the Fair Labor Standards Act shall be
used as the base hourly pay rate unless mandated by a collective bargaining
agreement applicable to the officer at the time of the application;
b. Part-time officers, including retired
part-time officers, shall be paid straight time only; and
c. The overtime for specific patrol work in a
government owned vehicle shall also be reimbursed for the same hours as the
patrol shift upon certification of mileage being provided to the grants
management unit at the department of safety as outlined in on form DSAD 102,
“Northern Border Alliance Approved Overtime/Backfill Worksheet,” (rev. 06/24);
and
(2) Training costs for all
participating officers to receive the state police training curriculum outlined
in these rules prior to their participation, including overtime or backfill for
one officer in the previously scheduled time slot.
(b)
Eligible applicants shall ensure that, prior to participating in any
northern border alliance patrol, all participating officers complete an
in-person training session presented by New Hampshire state police, covering at
least the following subjects:
(1) Fair and impartial policing;
(2) Illicit trafficking of currency, drugs,
weapons, or persons;
(3) Constitutional rights, including search and
seizure laws;
(4) Community caretaking;
(5) Northern border alliance patrol area
familiarization;
(6) Interaction with federal law enforcement
agencies;
(7) Administrative procedure and reporting
requirements;
(8) Scheduling;
(9) Documentation of patrol activities;
(10) Federal limitation on time worked;
(11) Prosecutorial procedures;
(12) Criminal intelligence training;
(13) Jurisdictional issues; and
(14) Other pertinent training to ensure a safe and
fair program as deemed by the state police, other agencies participating in the
northern border alliance program, or both.
(c)
The state police Troop F commander or designee shall be responsible for
scheduling the required training session for all
participants.
(d) Per RSA 21:P:69, the state police shall serve
as the coordinating agency for scheduling, tracking, and documenting outcomes
for all patrol activities associated with the northern border alliance program.
(e)
State police and other participating agencies shall ensure that officers assigned to patrols are relieved of taking calls for service
absent an emergency per RSA 21-P:69, II(b).
Source. (See Revision Note at chapter heading for
Saf-C 4000) #13815, INTERIM, eff 12-1-23, EXPIRES: 5-29-24; ss by #14024, eff 7-12-24
Saf-C 4004.02 Allowable Costs. Grant funds shall be awarded to reimburse
applicants for up to 100% of the following costs and expenses:
(a) For activity occurring within the northern
border alliance patrol area, as detailed on form DSAD 102, “Northern Border
Alliance Approved Overtime/Backfill Worksheet,” (rev. 06/24), consisting of:
(1) Documented, validated overtime
reimbursement back to the agency for costs for officers performing law enforcement activities under this program; and
(2) Documented mileage costs for northern border alliance patrol performed only in
government owned vehicles; and
(b) Training costs, consisting of overtime or
overtime as backfill for one officer in the previously scheduled time slot, for
all participating officers to take the mandatory training related to this
program as described in Saf-C 4004.01(b) prior to participating in this
program.
Source. (See Revision Note at chapter heading for
Saf-C 4000) #13815, INTERIM, eff 12-1-23, EXPIRES: 5-29-24; ss by #14024, eff 7-12-24
Saf-C 4004.03 Unallowable Costs. The following shall be prohibitions on
allowable uses of funds:
(a)
Supplanting previously budgeted, approved, or
expended funds for items covered or requested under this grant;
(b)
Any expenses incurred prior to or after the grant period
as specified by the grant agreements approved by the New Hampshire governor and
executive council and the New Hampshire department of justice described in
Saf-C 4006.02(b)(2) and as identified in award documents;
(c)
Any expenses incurred under a contract that was in
place prior to the grant award or after the grant period;
(d)
Any expenses for equipment purchases;
(e)
Any overtime costs that exceed the amount approved in the grant
agreement;
(f)
Backfill costs for northern border alliance patrols;
(g)
Any overtime costs that are in the officer’s same scheduled time to
patrol pursuant to any federal grant program, including the Operation
Stonegarden program;
(h)
Any overtime costs that an officer is claiming while on annual leave
from their regular employing agency;
(i)
Any overtime costs not substantiated by official payroll documentation
from the municipal or state agency that is employing the personnel;
(j)
Any reimbursement for expenses related to the execution of activities
pursuant to any federal grant program, including the Operation Stonegarden
program;
(k)
Reimbursement requests received after July 30 for the previous fiscal
year;
(l)
Funds requested for the “purchase of evidence” or “for confidential
funds,” per RSA 21-P:69, III(a);
(m)
Any overtime costs for officers who have not completed the training
described in Saf-C 4004.01(b); and
(n)
Any administrative costs of applicants related to patrols or training
performed pursuant to this program.
Source. (See Revision Note at chapter heading for
Saf-C 4000) #13815, INTERIM, eff 12-1-23, EXPIRES: 5-29-24; ss by #14024, eff
7-12-24
Saf-C 4004.04 Length of Funding.
(a)
Applicants may apply for funding to coincide with the inception of the
program in the state fiscal year with termination of grant eligible activities
to allow for reimbursement of eligible costs incurred on or prior to the end of
the fiscal year on June 30, 2024, 2025, 2026, and 2027.
(b) Participating agencies shall submit their
final reimbursement request no later than 30 days after June of the fiscal year completed to complete the reimbursement process for the previous
fiscal year.
Source. (See Revision Note at chapter heading for
Saf-C 4000) #13815, INTERIM, eff 12-1-23, EXPIRES: 5-29-24; ss by #14024, eff
7-12-24
PART
Saf-C 4005 APPLICATION PROCESS
Saf-C 4005.01 Application Process.
(a)
Law enforcement agencies that meet the eligibility criteria in Saf-C
4003 shall complete and submit the DSAD 100 “Northern Border Alliance
Application,” (rev. 06/25) for consideration of a grant award.
(b)
The application shall be available at: https://onlineforms.nh.gov/forms.
(c)
The authorized official submitting the application shall sign the
application and thereby certify that they are authorized under the statutes of
the state of New Hampshire to apply for, authorize, and accept the requested
grant funds.
(d)
The authorizing official, via their signature, shall certify that they
understand that:
(1) Any funds awarded shall be used to supplement
existing funds and be specific for program activities and shall not supplant
other funding sources for items and activities already approved and budgeted;
(2) Patrols on overtime cannot run simultaneously
with work for any federal grant program, including Operation Stonegarden, that
is assigned to the same individual, and that time frame segregation statements
shall be required to be submitted with overtime reimbursement requests under
this grant;
(3) The program is a reimbursement-based program;
(5) All
officers performing patrols under this program shall complete and submit form
DSAD 101 “Northern Border Alliance (NBA) Activity Form,” (rev. 06/24) to the
New Hampshire information and analysis center within 48 hours after completing
any program shift; and
(6)
Documentation of board of selectmen approval of overtime shall be
required for any municipal employee whose regular position is not eligible for
overtime, including the chief of police.
(f)
Applications shall only be submitted online as indicated on the
electronic application form. Hard copies or facsimiles shall not be accepted.
Source. (See Revision Note at chapter heading for
Saf-C 4000) #13815, INTERIM, eff 12-1-23, EXPIRES: 5-29-24; ss by #14024, eff
7-12-24
PART Saf-C 4006
GRANT REVIEW PROCESS
Saf-C 4006.01 Commissioner’s Determination. The commissioner shall make awards of grant funding,
including amounts lower than applied for, based upon compliance with these
rules or lack thereof, the amount of funds requested by the applicant, the
total amount of grant funding requested by other applicants, the availability
of funds, the allowability of costs under the program, and the overall
anticipated impact on the goals and objectives outlined in RSA 21-P:69. The
commissioner shall make these determinations with the goal of making grant
funding available to as many eligible applicants as possible while maximizing
the effective impact of reimbursable operations on the goals and objectives of
the program.
Source. (See Revision Note at chapter heading for
Saf-C 4000) #13815, INTERIM, eff 12-1-23, EXPIRES: 5-29-24; ss by #14024, eff
7-12-24
Saf-C 4006.02 Grant Determination.
(a)
Applicants who have been denied funding shall be notified in writing
within 30 days of the commissioner’s determination.
(b)
Grant award recipients, known as grantees, shall be notified in writing
within 30 days of the commissioner’s determination to award grant funding with
the following information:
(1) Amount of award;
(2) Deadlines and actions required to accept the
award, to include completion of the grant agreement for the approval by New Hampshire
department of justice and the governor and executive council;
(3) Notice that recipient shall be subject to the
administrative rules set forth herein; and
(4) Notice that funding shall be contingent upon
approval by the governor and executive council and local acceptance of award
and conditions as required by law.
Source. (See Revision Note at chapter heading for
Saf-C 4000) #13815, INTERIM, eff 12-1-23, EXPIRES: 5-29-24; ss by #14024, eff
7-12-24
Saf-C 4006.03 Subsequent Awards. After all initial applications have been
processed and any awards have been made, additional grants shall be issued to
either applicants who were not awarded the full amount initially requested or
to subsequent applicants, based on the amount of unawarded requests and the
award criteria provided in Saf-C 4006.01.
Source. (See Revision Note at chapter heading for
Saf-C 4000) #13815, INTERIM, eff 12-1-23, EXPIRES: 5-29-24; ss by #14024, eff
7-12-24
PART
Saf-C 4007 ADMINISTRATIVE REQUIREMENTS
Saf-C 4007.01 Reimbursement.
(a)
Grantees shall be reimbursed for eligible expenses as defined in Saf- C
4004.02, no less frequently than quarterly.
(b)
Reimbursement requests shall be made on agency letterhead, signed by the
authorized official, and shall specify the name and address to whom payment
will be sent.
(c)
The grantee shall attach to the reimbursement request the following:
(1) A form DSAD 102
“Northern Border Alliance Approved Overtime/Backfill Worksheet,” (rev. 06/24),
detailing the activities during the time period specified on the form, for
which reimbursement is being sought; and
(2) Overtime validation from the municipal,
county, or state payroll system that ties to the grant requested amount per
person.
(d)
The grantee, or designee who has been authorized by the grantee to sign
on his or her behalf, shall sign the completed form DSAD 102 “Northern Border
Alliance Approved Overtime/Backfill Worksheet,” (rev. 06/24), certifying that:
(1) All reimbursement requests are accurate and
represent activities outlined in Saf-C 4004.02 and costs allowed by the grant
award;
(2) All form DSAD 101 “Northern Border Alliance (NBA) Activity Form” (rev. 06/24) documents
have been submitted to NHIAC within 48 hours of completion of an authorized
patrol;
(3) The grantee or designee
acknowledges and agrees that failure to timely submit required activity logs
and comply with reimbursement criteria outlined in these rules shall result in
withholding requested reimbursement funds;
(4) Overtime for patrols or training, including
overtime backfill, did not supplant previously budgeted and approved funds for
those costs and did not coincide with the same time frame worked for any
federal grant program, including Operation Stonegarden; and
(5) All participating officers had completed the
training described in Saf-C 4004.01(b) before engaging in the activities for
which reimbursement is being sought.
Source. (See Revision Note at chapter heading for
Saf-C 4000) #13815, INTERIM, eff 12-1-23, EXPIRES: 5-29-24; ss by #14024, eff
7-12-24
Saf-C 4007.02 Suspension or Termination of Funds. The commissioner shall suspend or terminate
funding to any awardee if it is discovered that the awardee filed a false
certification in any application, report, or document used in part of this
program.
Source. (See Revision Note at chapter heading for
Saf-C 4000) #13815, INTERIM, eff 12-1-23, EXPIRES: 5-29-24; ss by #14024, eff
7-12-24
PART
Saf-C 4008 RECORDKEEPING AND REPORTING
Saf-C 4008.01 Recordkeeping.
(a)
All grantees shall maintain detailed time and incident records and
payroll support documentation for activities for which reimbursement was
awarded to the grantee funded by the northern border alliance fund, to include
all form DSAD 101 “Northern Border Alliance (NBA) Activity Form,” (rev. 06/24)
documents submitted pursuant to these rules, for a period of at least 3 years.
(b)
All grantees shall make grant and supporting documentation available for
inspection and audit by a representative of the department upon request during
the grantee’s business hours, no later than the next business day.
Source. (See Revision Note at chapter heading for
Saf-C 4000) #13815, INTERIM, eff 12-1-23, EXPIRES: 5-29-24; ss by #14024, eff
7-12-24
Saf-C 4008.02 Reporting. Pursuant to RSA 21:P:69 the commissioner
shall compile and present a semi-annual report, to the governor, senate
president, and speaker of the house of representatives, which shall include
measurable program results and a detailed accounting of program funding and
uses.
Source. (See Revision Note at chapter heading for
Saf-C 4000) #13815, INTERIM, eff 12-1-23, EXPIRES: 5-29-24; ss by #14024, eff
7-12-24
PART
Saf-C 4009 RELEASE OF RECORDS UNDER RSA 91-A
Saf-C
4009.01 Exempt Material Identified by
Agency. Applicant agencies believing
that any material(s) required for submission under this chapter are exempt from
disclosure under RSA 91-A shall clearly identify such material and provide an
explanation that describes how the material meets one or more of the exemptions
outlined in that statute, other statutes, or applicable case law.
Source. (See Revision Note at chapter heading for
Saf-C 4000) #13815, INTERIM, eff 12-1-23, EXPIRES: 5-29-24; ss by #14024, eff 7-12-24
Saf-C
4009.02 Departmental Review. When the department receives a request for
disclosure of material submitted under this chapter, the department shall
undertake a review of the material requested, including any materials
identified pursuant to Saf-C 4009.01, and the submitting applicant’s
explanation for the applicability of RSA 91-A to the requested material.
Source. (See Revision Note at chapter heading for
Saf-C 4000) #13815, INTERIM, eff 12-1-23, EXPIRES: 5-29-24; ss by #14024, eff
7-12-24
Saf-C 4009.03 Departmental Decision; Notification to
Applicant. If the department’s
determination of the applicability of RSA 91-A to material subject to a
specific request differs from the applicant’s determination, the department
shall notify the applicant of its determination 10 days prior to the release of
information, by email or letter.
Source. (See Revision Note at chapter heading for
Saf-C 4000) #13815, INTERIM, eff 12-1-23, EXPIRES: 5-29-24; ss by #14024, eff
7-12-24
APPENDIX A
|
Rule |
Specific State
Statute the Rule Implements |
|
Saf-C
4001 |
RSA
21-P:69; RSA 21-P:70 |
|
Saf-C
4002.01 |
RSA
21-P:69; RSA 21-P:70; RSA 541-A:7 |
|
Saf-C
4002.02 |
RSA
23:1; RSA 21-P:69; RSA 21-P:70; RSA 31:95-b; RSA 37:6; RSA
541-A:7 |
|
Saf-C
4002.03 – Saf-C 4002.08 |
RSA
21-P:69; RSA 21-P:70; RSA 541-A:7 |
|
Saf-C
4003 |
RSA
21-M:3-b; RSA 21-P:69; RSA 21-P:70; RSA 104:6; RSA 105:3 |
|
Saf-C
4004 |
RSA
21-P:69; RSA 21-P:70 |
|
Saf-C
4005 |
RSA
21-P:69; RSA 21-P:70 |
|
Saf-C
4006 |
RSA
21-P:69; RSA 21-P:70 |
|
Saf-C
4007 |
RSA
21-P:69; RSA 21-P:70 |
|
Saf-C
4008 |
RSA
21-P:69; RSA 21-P:70 |
|
Saf-C
4009 |
RSA
21-P:69; RSA 21-P:70 |