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HomeMy WebLinkAbout4.03 Asset Seizure Funds~,~~~.~rllU~~~ CITY CLERK /ll ~ X11 File # ^©~~-~® 19 ~~' ~~ 8'Z ~~ ~` ~~ ~~LIFOR~1~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 15, 2009 SUBJECT: Ratification of Federal Equitable Sharing Agreement For Asset Seizure Funds Report Prepared by Casey Nice, Commander and Paul S. Rankin, Administrative Services Director ATTACHMENTS: 1. Resolution ratifying a Federal Equitable Sharing Agreement with the United States Department of Justice and the United States Department of the Treasury (including agreement as Exhibit A) RECOMMENDATIO Adopt the Resolution authorizing the ratification of a Federal Equitable FINANCIAL STATEMENT: The potential amount of funds is currently unknown. The forfeited proceeds received through the Federal Equitable Sharing Agreement vary from year to year, as they are based on the resolution of specific court cases. An appropriation of any funds received will be required by the City Council before any expenditure is made. DESCRIPTION: The Comprehensive Crime Control Act of 1984 authorized the sharing of federal forfeiture proceeds with state and local law enforcement agencies which work with federal agencies to enforce federal criminal laws. When state or local agencies, such as the Dublin Police Services, work with federal agencies to enforce federal criminal laws, they may apply for an equitable share of any forfeited proceeds. To obtain such proceeds, the state or local agency must sign an Equitable Sharing Agreement and certify that the forfeited proceeds received are allocated as required by federal statutes and regulations established by the U.S. Department of the Treasury and the U.S. Department of Justice. These laws and regulations require that: • Forfeited funds or property must be accounted for separate from state or other forfeitures; • A federal Equitable Sharing Agreement must be in place and executed by the head of the governing body and the head of the law enforcement agency; • An annual Certification be filed with both the United States Department of the Treasury and the United States Department of Justice; • Records shall be maintained of the funds or property and any expenditures; and • Funds are subject to Federal audit requirements. COPY TO: I ~.~ ~ 2 ITEM NO. ~• 2 C:\Documents and Settings\chrisY\L.ocal Settings\Temporary Internet Files\OLK13\AssetSeizureReport_9_15_09 (2).doc Sharing Agreement with the United States Department of Justice and the United States Department of the Treasury. Since the City of Dublin does not currently hold any Federal Asset Seizure funds, it is necessary to enter into an Agreement with the Federal Government. The Agreement (Exhibit A to Attachment 1) sets forth the statutory and regulatory requirements for participating in the program for receipt of the funds, and the restrictions upon the use of federally forfeited cash, property, proceeds and any interest earned. All shared assets are required to be used for law enforcement purposes only. As described in the current Program Guide the following are some of the key requirements agencies must follow if they receive funds under this program: 1. Receiving agencies should not commit in advance to spend shared monies in a certain way. These funds should not be budgeted until a final sharing decision has been made for the following reasons: - the completion of the forfeiture is uncertain; - the amount of the sharing that will ultimately be approved is uncertain; and - net proceeds have not been determined. 2. Shared funds must be used to increase or supplement the resources of the receiving state or local law enforcement agency. Shared resources shall not be used to replace or supplant the resources of the state or local law enforcement agency. 3. Interest on forfeited cash or proceeds must be used for law enforcement purposes and is subject to the same restrictions as the shared cash or proceeds. 4. Shared monies normally should be expended for their designated law enforcement purpose as they are received. However, these funds maybe retained in a holding account for a reasonable period of time, up to three years, to satisfy a future need, such as a capital expenditure. 5. Equitably shared funds shall be used for only law enforcement purposes and are subject to the laws, rules, regulations, and orders of the state or local jurisdiction governing the use of public funds available for law enforcement purposes. Equitable sharing monies may not be used to pay the salaries and benefits of current, permanent law enforcement personnel, except in limited circumstances. The Department of Justice is currently processing a case that may result in the distribution of net assets based on the participation by Dublin Police Services. Staff have already begun the process by submitting an Agreement dated August 12, 2009 (Exhibit A). The agreement provides that the legislative body which allocates funds and is approves the budget shall be signatories. Therefore, the City Council is being requested to ratify the Agreement. In order to account for the funds under the Federal Program requirements Administrative Services Staff will designate a Fund Number in the City Financial records to account solely for the Federal Asset Seizure Funds. Staff will present to the City Council at a later date information on any funds received and proposed appropriations. RECOMMENDATION: Staff recommends that the City Council adopt the resolution authorizing the ratification of a Federal Equitable Sharing Agreement with the United States Department of Justice and the United States Department of the Treasury. a of a RESOLUTION NO. - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RATIFICATION OF A FEDERAL EQUITABLE SHARING AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE AND THE UNITED STATES DEPARTMENT OF THE TREASURY WHEREAS, the U.S. Department of Justice and the U.S. Department. of the Treasury have mandated requirements concerning the sharing of federal forfeiture proceeds; and WHEREAS, those requirements include the submission of an Equitable Sharing Agreement; and WHEREAS, due to submittal deadlines City Staff executed an Equitable Sharing Agreement; and WHEREAS, execution of the Agreement requires the signatures of the head of the governing body and the head of the law enforcement agency; and WHEREAS, the Agreement was signed by the Chief of Police and City Manager and dated August 12, 2009; and WHEREAS, the program requirements dictate that the accounting for the receipt and expenditure of these funds be segregated in the City financial records. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does herby ratify the Equitable Sharing Agreement executed by the City Manager, as attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Council in order to fulfill the requirements of the agreement, hereby authorize and direct City Staff to undertake measures necessary to modify the accounting records, including but not limited to the establishment of a new Special Revenue Fund. PASSED, APPROVED AND ADOPTED this 15th day of September, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor ATTACHMENT 1 I-}ern ~ ~, ~ ~ his ioq a~~ - ~~~sitabQe ~ba~in~ r. ~4Snq ~JL:•~\~5n- ~m~s ivumuer i i ~3-vu i i Expires 7-31-2011 Police Department ~ Sheriff s Office Task Force (Complete Table A, page2) Prosecutor's Office Other (specify) Pagency Name: DUBLIN POLICE SERVICES NCIC/ORI/Tracking Number: C A 0 0 1 3 0 0 0 Street Address: 100 CIVIC PLAZA City: DUBLIN Contact: Title: Sergeant First: GEORGE Contact Phone: 925 833 6687 Contact Fax: Contact e-mail: glytleCa~acgov. State: CA dip: 94568 Last: LYTLE 925 833 6678 Last Fiscal Year End: 06/30%2009 New Participant: Read the Equitable Sharing Agreement (page 4) and sign the Affidavit (page 5) Existing Participant: Complete the Annual Certification Report, read the Equitable Sharing Agreement (page 4), and sign the Affidavit (page 5) Change in Administration: Select to report change to Agency or Governing Body head DURING the current fiscal year. Read the Equitable Sharing Agreement (page 4) and sign the Affidavit (page 5). Amended Form: Revise the Annual Certification Report, read the Equitable Sharing Agreement (page 4), and sign the Affidavit (page 5). Annual C~rti~'icati®n yep®rt Summary of Equitable Sharing Activity Justice Funds Treasury Funds ~ Beginning Equitable Sharing Fund Balance (must match Ending Equitable Sharing Fund Balance from prior Fly 2 Federal Sharing Funds Received , 3 Federal Sharing Funds Received from Other Law Enforcement Agencies and Task Forces (complete Table B, page 2) 4 Other Income 5 Interest Income Accrued Check box ifnon-interest-bearing account 6 Total Equitable Sharing Funds (total of lines 1 - 5) $0.00 $0.00 7 Federal Sharing Funds Spent (total of lines a - n below) $0.00 $0.00 8 Ending Balance (difference between line 7 and line 6) $0.00 $0.00 March 2009 Version 1.7 EXHIBIT A 3~ Equitable Sharing Agreement This Federal Equitable Sharing Agreement, entered into among (1) the Federal Government, (2) the above-stated law enforcement agency ("Agency"), and (3) the governing body, sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon the use of federally forfeited cash, property, proceeds, and any interest earned thereon, which are equitably shared with participating law enforcement agencies. By its signatures, the Agency agrees that it will be bound by the statutes and guidelines that regulate shared assets and the following requirements for participation in the federal equitable sharing program. Receipt of the signed Equitable Sharing Agreement and Certification (this "Document") is a prerequisite to receiving any equitably shared cash, property, or proceeds. 1. Submission. This Document must be submitted to aca.submit@usdoj.gov within 60 days of the end of the Agency's fiscal year. This Document must be submitted electronically with the Affidavit/Signature page (page 5) submitted by fax. This will constitute submission to the Department of Justice and the Department of Treasury. 2. Signatories. This agreement must be signed by the head of the Agency and the head of the governing body. Examples of Agency heads include police chief, sheriff, director, commissioner, superintendent, administrator, chairperson, secretary, city attorney, county attorney, district attorney, prosecuting attorney, state attorney, commonwealth attorney, and attorney general. The governing body's head is the person who allocates funds or approves the budget for the Agency. Examples of governing body heads include city manager, mayor, city council chairperson, county executive, county council chairperson, director, secretary, administrator, commissioner, and governor. 3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern the federal equitable sharing program as set forth in the current edition of the Department of Justice's Guide to Equitable Sharing (Justice Guide), and the Department of the Treasury's Guide to Equitable Sharing forForeign Countries and Federal, State, and Local Law Enforcement Agencies (Treasury Guide). 4. Transfers. Before the Agency transfers cash, property, or proceeds to other state or local law enforcement agencies, it must first verify with the Department of Justice or the Department of Treasury, depending on the source of the funds, that the receiving agency is a federal equitable sharing program participant and has a current Equitable Sharing Agreement and Certification on file. 5. Internal Controls. The Agency agrees to account separately for federal equitable sharing funds received from the Department of Justice and the Department of the Treasury. Funds from state and local forfeitures and other sources must not be commingled with federal equitable sharing funds. The Agency shall establish a separate revenue account or accounting code for state, local, Department of Justice, and Department of the Treasuryforfeiturefnnds. Interest income generated must be accounted for in the appropriate federal forfeiture fund account. The Agency agrees that such accounting will be subject to the standard accounting requirements and practices employed for other public monies as supplemented by requirements set forth in the current edition of the Justice Guide and the Treasury Guide. The misuse or misapplication of shared resources or the supplantation of existing resources with shared assets is prohibited. Failure to comply with any provision of this agreement shall subject the recipient agency to the sanctions stipulated in the current edition of the Justice or Treasury Guides, depending on the source of the funds/property. 6. Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Circular A-133. The Department of Justice and Department of the Treasury reserve the right to conduct periodic random audits. March 2009 Version 1.7 ~~~ Affidavit Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations under the Equitable Sharing Agreement and that the information submitted in conjunction with this Document is an accurate accounting of funds received and spent by the Agency under the Justice and/or Treasury Guides during the reporting period and that the recipient Agency is in compliance with the National Code of Professional Conduct for Asset Forfeiture. The undersigned certify that the recipient agency is in compliance with the nondiscrimination requirements of the following laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), and the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.), which prohibit discrimination on the basis of race, color, national origin, disability, or age in any federally assisted program or activity, or on the basis of sex in any federally assisted education program or activity. During the past fiscal year, has the Agency been part of any proceedings alleging discrimi.nation by the Agency? Q Yes Q No If you answered yes, complete Table H: Please disclose (7) all proceedings pending before any court or administrative agency, (2) any nondiscrimination laws the Agency has been found in violation of, and (3) any settlement agreements the Agency has entered into during the last fiscal year. Agency Head Signature: Name: .-- CASEY NICE Title: CHIEF of POLICE Date: 08/ 12/2009 Governing Body Head ~~,, tZ~~ C ~j'~~~~ Signature: ~-~~-e-~Ll Name:`~~NI PATTILLO Title: CITY MANAGER Date: 08/ 12/2009 Final Instructions: Step 1: Click button to save in PDF format for your records Step 2: Click button to save in XML format Step 3: E-mail the XML file as attachment to aca.submit@usdoj.gov Step 4: Fax a signed copy of THIS PAGE ONLY to (202) 616-1344 Note: The Agency will not be in compliance until the a-mail and the fax of this page are received. FOR AGENCY USE ONLY Entered by Entered on FY End: 06/30/2009 NCIC: CA0013000 Agency:DU6LIN POLICE SERVICES Phone:925 833 6687 State:CA Contact:GEORGE LYTLE E-mail:glytle@acgov.org March 2009 Version 1.7