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B-187733 1 (1977-10-27)

handle is hein.gao/gaobadfgt0001 and id is 1 raw text is: THE COMIPMOLLEN eANWRAL @0 0181125N *o* DPTma UNIT W D TAT MW S .../WAUe/aN/TON, ,C. 2O 48 CFILE: E187733 DATEOatober2INI19W'T MATTER OF: 'United States IEmigraton and Naturalisation. Service - Payment for Police Protective Services DIGE9t: Immirtion and Naturalization Service (INS) may pay for police protective services provided by city for specia event sponsored by INS, when- use of and payment !Ior police protective service 'ina condition of rental of building conrtrolled by city. Whether INS may pay for police detail for separate ceremony at privately-controlled building depends on whether charge would have been assessed against private citizen for ame services. If INS determines administratively that it would, then charge may be paid. Tilis isz in response to a 'request foran advance decision from an authorized certifying,officer, United States Department of Justice, INS, as to the legality of payling for security services furnished by lhe Boston Police Department n July5andSepta:ber 17, 1976, Bicentennial Fin'al Hearine werTheld at the Id North Church and FaneNt Hall, historic-sites in Boston,Massachusetta. These hearings ere for the purpcste of admitting alien to citizenship bt were evidently also inteinded to commemorate the Biceentennial.- According to a memorandum from the District Directort enINSIwtht Old North Church-- preis located in an ancient, congestedale of narrow streets with ecrowd ontrol andpossible sed curity problems. The Boston Police Department hasst puggested the use of two patrolmen for security purpose& at a rate of $36.00 per nn. *** Also according to the memorandum, the Boston Real Property Department, which controls theuse of FieUil Hall, stated that a Boston Police Detail must be utilied as a yafdition of renting the premises. The Boston Police Departmenthas submitted ivoices to INS for $36 and $108 for these services,characteriing tha as Private Detail Service,. The certsifying officer questions the propriety of payment because of our decisions in 26 Comp. Gen. 382 (1946) and 30 Comp. Gen. 376 (1951). This Office h consistently hoeld that a chare against appro priated funds for tat ghting services rendered a municiality is generally pered where there is no legal obligation upoa the United States to pay forsuch services. This is based upon the premise thr.t a municipality is required by law to render fire pro- tetion or firefighting sevices to property within its limits, becus ofordIsosi 6Cm.Gi.32(96 n 0Cm.Gn

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