Key West Lou

A NO RETURN POLICY

By Louis Petrone

The federal government has a no return policy. It has to do with military equipment provided local police departments.

Ferguson crystallized the police militarization problem in many ways. One being the return policy.

In 1991, the war on drugs was pushed to another level. Some Washington genius decided that excess military equipment could be of use to local police departments in waging the drug war. Thus was born police militarization.

Eventually, a Department was formed and a program implemented. The Department of Defense Excess Property Program. The program is popularly known as the 1033 Program.

A condition of receiving the equipment was that the local police department had to request it. Ask and you will receive. Departments today with military equipment initially made a request for it.

Local police departments include school districts. More than 20 school districts are presently involved in the program. Overall, 8,000 police departments are participating. Since 1997, Defense has provided $5.1 billion of equipment. $449 million in 2013 alone.

One third of the equipment is new. The balance used military surplus.

After fighting two long wars and a failed Afghanistan drug war, Defense had to dispose of the equipment. Defense did not want it destroyed. Most of the equipment was still usable and could be recalled if needed for another conflict.

Maintaining and storing military equipment is expensive. Deterioration frequently occurs if there is insufficient care. Defense does not give the equipment to local police departments. The equipment is loaned. With the understanding the local police department will maintain, store, and care for the equipment. Saves the federal government a ton of money.

Try to give back the equipment. Impossible. Some local police departments have been trying to return equipment for ten years with no luck.

The rules for returning the equipment reflect a no return policy. Though not stated as such. The return process is slow, mystifying and nonfunctional.

Return rules are twofold. First, paperwork is required. Proper papers must be used and must be completed. In most instances, an extra certification is required.

The paperwork is never complete nor proper from Defense’s perspective. Rejected and returned to be redone. What the extra certification is, no one seems to be certain. So the return is rejected on the additional ground that the extra certification was not provided.

To further confuse the situation, the return rules require the State to be involved. The returns must be processed through the State. A rarely helpful situation.

Since Ferguson, a large number of additional local police departments have tried to return equipment. With no success either.

A federal computer program is involved with the returns. The large volume of requests post Ferguson caused the computer to falter. Defense was overburdened. So much so that Defense halted receiving any return requests for several weeks. Governmental shut down.

In review, the program was first initiated to assist local police departments in the war on drugs. Then to assist generally in any facet. The program was not well intentioned. Its hidden purpose was to shift the cost of maintenance and storage from the federal government to local police departments.

The program is a failure causing unanticipated problems. Nevertheless, the government will not accept a return of the equipment since there is no federal program nor funding in place for maintenance and storage purposes.

The local police departments bear responsibility, also. The first step in the process was a request by a local police department. The local departments asked for the equipment. Now they are stuck with it and the burden of caring for the equipment. In addition to the bad publicity which has developed regarding the equipment.

A mess. A major governmental screw up.

 

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