Wyoming Administrative Code
Agency 001 - Governor's Office
Sub-Agency 0007 - Homeland Security - Wyoming Search and Rescue Council
Chapter 1 - GENERAL PROVISIONS
Section 1-3 - Account Uses
Universal Citation: WY Code of Rules 1-3
Current through September 21, 2024
(a) Search and rescue account uses.
(i) WOHS serves as the account manager and
operates using the guidance from the Wyoming Search and Rescue Council and Wyo.
Stat. Ann. §
19-13-301. WOHS may establish accounting and
purchasing procedures for fund administration.
(ii) The Council shall use the account for
the purposes as defined by Wyo. Stat.Ann. §
19-13-301(b), (c)(i) through
(iv).
(iii) Expenditures for non-operational
expenses as defined by Wyo. Stat. Ann. §
19-13-301(c)(i) through (iv)
may be given consideration in any order and amount based on the budget and
priorities established by the Council each year, provided sufficient funds are
in the account.
(iv) In compliance
with Wyo. Stat. Ann. §
19-13-301(b), the Wyoming
Search and Rescue Council shall give funding priority to approved search and
rescue operations. To this end, the Council may establish an account minimum
balance. When the fund falls below the minimum balance funds may only be
expended on a cost-by-cost basis as approved by the Council. The Council must
provide justification for the dollar amount established.
(v) The account shall not be used to
reimburse counties for any salary or benefits normally paid to its
employees.
(b) Operational claims reimbursement.
(i)
Operational claims may include direct costs incurred in the conduct of search
and rescue missions statewide.
(ii)
Participation in the fund is voluntary. Any sheriff's office in Wyoming may
make a claim for reimbursement for costs directly incurred from search and
rescue operational activities.
(iii) The claim period for operational claims
is established by the Council.
(iv)
Only one claim package per county shall be submitted from a sheriff's office
per each claim period for operational claims.
(A) Donations, insurance proceeds, credits,
reimbursements received from other sources, etc., shall be deducted from
claims.
(B) Claims for personal
property damage directly related to specific search and rescue operation will
be considered on a case-by-case basis. No reimbursement will be made for normal
wear and tear, routine maintenance, negligence, etc.
(v) There shall be no prepayment for budget
shortfalls. Responsibilities for the search and rescue program in Wyoming rest
with sheriffs and remain a county issue.
(vi) Payment of search and rescue costs by
the county does not guarantee reimbursement by the Council. Fiscal
jurisprudence must be evident for each expense claimed.
(vii) The fund is not intended to reimburse
all search and rescue mission expenses incurred by a county.
(viii) Reimbursement claims approved by the
Council shall bear the signatures of the meeting Chairman and the Executive
Secretary prior to payment.
(ix)
The Council reserves the right to prorate approved claims when there are
insufficient funds or when full reimbursement would cause undue depletion of
the fund.
(c) Unallowable operational costs.
(i)
Operational costs not reimbursable by the fund include:
(A) Costs not directly incurred in the
performance of search and rescue mission activities.
(B) Costs incurred before or after missions
and not directly related to the mission activities.
(C) A mission for body recovery is not
eligible under the Wyoming Search and Rescue Fund; however, when a search and
rescue results in the recovery of a body and goes beyond the technical
expertise and the duty of the coroner's office, the body recovery may then be
considered for reimbursement. Each such instance will be considered on a
case-by-case basis and must be documented to the satisfaction of the Council.
(D) Costs of missions to recover
property.
(E) Costs of missions
specifically for law enforcement purposes, such as searches for escaped
prisoners, fleeing suspects, evidence gathering, etc.
(ii) The above listing is not exhaustive. The
Council reserves the right to refuse any expense it determines does not meet
the spirit and/or intent of the legislation.
(d) Non-operational claims reimbursement.
(i) Non-operational claims are costs incurred
for search and rescue program purposes to include fund administration; council
meeting expenses such as travel, meals, and lodging; public education and fund
marketing; statewide training programs; equipment acquisition for statewide
use; development of search and rescue overhead teams.
(ii) The claim period for non-operational
claims is established by the Council.
(iii) Only one claim package per county shall
be submitted annually from the sheriff's office.
(iv) Council-sponsored and county requests
for reimbursement of training and equipment for search and rescue, if paid by
the fund, will be considered as statewide- use assets.
(v) The Council reserves the right to refuse
any non-operational expenses it determines does not meet the spirit and/or
intent of the legislation.
(e) Search and rescue training.
(i) The Wyoming Office of Homeland Security
and the Wyoming Search and Rescue Council do not guarantee the expertise of any
search and rescue personnel utilized in the conduct of search and rescue
operations in Wyoming. However, the training of search and rescue personnel
throughout Wyoming to enhance their abilities as search and rescue responders
is encouraged and supported.
(ii)
In accordance with Section 3(a) iii the Council does not guarantee the
reimbursement of training costs incurred by a county.
(iii) Wyoming sheriffs may be reimbursed for
search and rescue training sponsored by their organization if the training is
provided to search and rescue personnel statewide.
(iv) The Council may enter into contractual
agreements for the provision of search and rescue training programs for Wyoming
search and rescue personnel.
(v)
Direct and administrative costs incurred in the performance of the training and
approved by the Council will be eligible for reimbursement.
(f) Reimbursement claims reconsideration.
(i) Sheriffs may make request
for reconsideration on any expense denied by the Council. The request for
reconsideration must be submitted, in writing, to the Council through the
Wyoming Office of Homeland Security within thirty (30) days of notification of
their claim status. Written request for reconsideration must include the reason
for the resubmission and any supplemental documentation required to properly
evaluate the request for reconsideration. Insufficient documentation will not
be considered.
(ii) After council
members vote on the reconsideration, WOHS will document the decision and send
notification to the applicant within thirty (30) days of receipt of the date of
the written reconsideration request.
(iii) Council decisions on reconsiderations
are final. No further reconsiderations shall be made.
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