PROPOSED BOARD OF SUPERVISORS COUNTY OF STAFFORD STAFFORD, VIRGINIA RESOLUTION
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2 Attachment 1 R BACKGROUND REPORT The Stafford County Sheriff s Office desires to initiate an Unmanned Aircraft Systems (UAS) Program (Program). The Program s purpose would be to protect life and property through the support of law enforcement operations and related activities. The UAS would be utilized by trained Sheriff Deputies for law enforcement purposes, including but not limited to, search and rescue; Amber, Senior, and Blue Alerts; training programs; damage assessment; traffic assessment; crime scene documentation; and during the execution of valid search warrants, when appropriate. In order to operate UAS, the Sheriff s Office must apply for and obtain a Certificate of Waiver/Authorization for a Public Agency (COA) from the Federal Aviation Administration (FAA). The first step in the COA application process requires legal counsel for the County to provide a Public Declaration Letter certifying that the Sheriff s Office is a public agency and that the UAS would be a public aircraft, not intended for commercial use. Additionally, as part of the Public Declaration Letter the County Attorney attests that the Board recognizes, on behalf of the Sheriff s Office, its legal responsibility for the operation of the UAS. Proposed Resolution R (Attachment 2) would express the Board s support of the Sheriff s Office s COA application by authorizing, recognizing, and accepting its legal responsibility for the Sheriff s Office s operation of the UAS, and authorizes the County Attorney to draft and transmit the Public Declaration Letter. A draft of the proposed public declaration letter is included as Attachment 3.
3 R PROPOSED BOARD OF SUPERVISORS COUNTY OF STAFFORD STAFFORD, VIRGINIA RESOLUTION At a regular meeting of the Stafford County Board of Supervisors (the Board) held in the Board Chambers, George L. Gordon, Jr., Government Center, Stafford, Virginia, on the 13 th day of December, 2016: MEMBERS: VOTE: Robert Bob Thomas, Jr., Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Wendy E. Maurer Paul V. Milde, III Gary F. Snellings On motion of, seconded by, which carried by a vote of, the following was adopted: A RESOLUTION IN SUPPORT OF THE SHERIFF S OFFICE APPLICATION FOR A CERTIFICATE OF WAIVER/APPLICATION FOR A PUBLIC AGENCY WITH THE FEDERAL AVIATION ADMINISTRATION FOR USE OF UNMANNED AIRCRAFT SYSTEMS WHEREAS, the Sheriff s Office desires to use Unmanned Aircraft Systems (UAS) to protect life and property through support of law enforcement operations and related activities; and WHEREAS, the Federal Aviation Administration (FAA) regulates the use of UAS; and WHEREAS, to qualify for use of the UAS, the Sheriff s Office must apply for and be granted a Certificate of Waiver/Authorization for a Public Agency from the FAA; and WHEREAS, as part of that application, legal counsel for the County must provide a Public Declaration Letter certifying that the Sheriff s Office is a public agency and that the UAS will be public aircrafts, not intended for commercial use; and
4 R Page 2 WHEREAS, as part of that application, the Board must recognize, on behalf of the Sheriff s Office, its legal responsibility for the operation of the UAS; and WHEREAS, the Board desires to support the Sheriff s Office s application; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 13 th day of December, 2016, that it be and hereby does support the Sheriff s Office s Certificate of Waiver/Authorization for a Public Agency application, by accepting legal responsibility for the Sheriff s Office s operation of Unmanned Aircraft Systems (UAS); and BE IT FURTHER RESOLVED that the County Attorney, or his designee, is authorized to draft and transmit a Public Declaration Letter to the Federal Aviation Administration to certify that the Sheriff s Office is a public law enforcement agency and that the UAS will be public aircrafts, not intended for commercial use. CDB:CLS:rmm
5 Federal Aviation Administration Jacqueline R. Jackson Acting Air Traffic Manager Unmanned Aircraft Tactical Operations, AJV L Enfant Plaza SW, Suite 3200 Washington, DC Steven.ctr.pansky@faa.gov Sent via E mail and First Class Mail Dear Ms. Jackson December 14, 2016 This is a public declaration letter to support the Stafford County, Virginia, Sheriff s Office s (the Department) request for a Certification of Waiver/Authorization for a Public Agency. Stafford County, Virginia (the County), is as a political subdivision of the Commonwealth of Virginia. (See Virginia Constitution, Art. VII). Pursuant to Virginia Constitution, Art. VII, Section 4, the County is required to have a sheriff elected by the qualified voters of the County. (See also Virginia Code ). The current sheriff, Sheriff David P. Decatur (the Sheriff), was elected by the qualified voters of the County on November 3, 2015, and his four year term in office began on January 1, Pursuant to Virginia Code and et seq., the Sheriff is permitted to appoint deputies and to establish the Sheriff s Office to enable him to perform the statutorily required law enforcement functions for the County. The Board of Supervisors, the governing body of the County, adopted Resolution R16 368, on December 13, 2016, specifically authorizing, recognizing, and accepting its legal responsibility for the Sheriff s Office s operation of the unmanned aircraft systems (UAS). As such, UAS owned and operated by the Department qualifies and will be operated as a public aircraft, as defined in 49 U.S.C (a)(41)(C). Additionally, the UAS will not be used for commercial purposes, as defined in 49 U.S.C (a), and the UAS will not be used for compensation or hire. The Department s purpose for requesting authorization for use of an UAS is to protect life and property through support of law enforcement operations and related activities, including but not limited to, search and rescue; Amber, Senior and Blue Alerts; training programs; damage assessment; traffic assessment; crime scene documentation; and during the execution of a valid search warrant when appropriate; all in accordance with all applicable local, state, and federal requirements, laws, regulations, and ordinances. Should you require any additional information to support this declaration letter, please let me know.
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