Title 18.2. Crimes and Offenses Generally
Chapter 7. Crimes Involving Health and Safety
§ 18.2-273.6. (Effective January 1, 2028) Fiscal agent locality.
A. Each local ASAP shall, as a condition of certification by the Commission, designate a county, city, or town for which it serves to act as its fiscal agent locality. Such fiscal agent locality shall (i) be responsible for the receipt, disbursement, and accounting of all local ASAP funds in accordance with such standards established by the Commission; (ii) serve as the employer of record for all local ASAP personnel, including the program director; and (iii) provide payroll, benefits administration, and human resources functions on behalf of the local ASAP. For any local ASAP that serves multiple jurisdictions, such jurisdictions shall designate, by written agreement approved by the governing body of each respective jurisdiction, a single jurisdiction to serve as the fiscal agent locality. Such fiscal agent locality shall file such agreement with the Commission.
B. Any payroll and benefits paid by the fiscal agent locality shall be derived from offender fees paid to the local ASAP and remitted by such local ASAP to the fiscal agent locality prior to disbursement. Additionally, the fiscal agent locality may, at the beginning of each fiscal year, collect up to 10 percent of the Commission-approved annual budget for such local ASAP for the administration of such services.
C. The local independent policy board established pursuant to § 18.2-273.5 shall retain the authority to hire and recommend termination of the local program director and other local program personnel, subject to applicable personnel policies of the fiscal agent locality. Any employment action taken by such board shall be subject to the personnel policies, grievance procedures, and due process protections of the fiscal agent locality.
D. The Commission shall not certify, recertify, or continue certification of any local ASAP that fails to maintain a valid fiscal agent locality pursuant to this section. In the event any local ASAP fails to maintain a valid fiscal agent locality, such locality shall be subject to a fine as prescribed by the Commission not to exceed $5,000 and shall be responsible for any administration costs incurred by the Commission in directly administering or contracting for the administration of an interim program to provide mandatory alcohol safety action services pursuant to § 18.2-273.7.
