HomeMy WebLinkAboutMINUTES - 12201994 - 1.69 TO: BOARD OF SUPERVISORS ' (cq
FROM: Sheriff Warren E. Rupf Contra
Costa
DATE: November 30, 1994 County
SUBJECT: Request for Board Authorization
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
Recommendation:
Authorize the Sheriff or designee and the Auditor-Controller or designee, on behalf of the Board,
to sign the Federal Asset Forfeiture Fund "Annual Certification Report."
Financial Impact:
Funds awarded the Sheriffs Office through this program aid in drug enforcement and prevention
efforts. The actual amount of revenue that will be generated by this program is subject to a
number of variables, making any projection questionable.
Background:
Federal agencies are authorized to work with local jurisdictions in certain drug cases. Under strict
guidelines, these agencies are also authorized to share assets seized as a result of joint operations.
In order for a local agency to work with and share in Federal asset seizure cases, the agency must
agree to spend and account for shared forfeiture revenue in certain ways, as outlined in Federal
guidelines.
On September 22, 1994, the Board authorized the establishment of a separate Federal asset
forfeiture fund in accordance with the Federal guidelines. The Federal Government requires an
annual certification to ensure said funds are separately maintained in such an account and that all
other requirements of the guidelines are being adhered to. The Annual Certification Report
requires signatures of both the Sheriff and a designee of the governing body.
Consequences of Negative Action:
Failure to sign the annual agreement would preclude the Sheriffs Office from any opportunity to
share Federally-seized assets. The impact would deprive the Sheriffs Office of much-needed
revenue and, most important of all, it would discourage cooperation with and assistance from
Federal agencies, seriously hampering local drug enforcement activities.
i
CONTINUED ON ATTACHMENT: YES SIGNATURE:
s
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND TION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED —k:!'— OTHER
VOTE OF SUPERVISORS
y UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ,SON THE DATE SHOWN.
CC: Justice System Programs ATTESTED ��L-D t' ® I;!7�n}
Sheriff Phil Batchelor, Clerk of the Board of
Auditor-Controller Supervisors and County Admin:strata
M362/7-e9 BY , DEPUTY
IF
E MERAL EpUITABLE HARING AC=RFE
ADM
ANNTiTAL MMCATI0N REPORT
Agency: Contra Costa County Sheriff's Reporting Plod (your fiscal yam): 7/1/93-6/30/94
Address: P.O. Box 391, Martinez, CA 94553 NCIC Code: CA0070000
Bank Routing Code and Account Number for ETT Purposes: N/A
Contact Person: sergeant Dale Varady
Telephone No.: (510) 313-2677
I.
This Agreement is entered into among(1)the Department of Justice, (2)the(above stated law enforcement agm9y) and
(3)the (governing body) in order to recite the requirements for participation in the Federal Equitable Sharing Program
and the restrictions upon the use of federally forfeited property or proceeds from such property that is equitably shared
with participating agencies. By their signatures below,the parties agree to be bound by the statutes and guidelines that
regulate shared assets and the following requirements for participation in the Federal Equitable Sharing Program:
1. That any shared assets shall be used for the law enforcement purposes specified in the DAG 71 request submitted
by the requesting agency; that requests for a change in use from that specified in the DAG 71 must be submitted
in writing to the federal decision-maker or the Asset Forfeiture Office, Criminal Division, U.S. Department of
Justice, P.O. Boa 27322, Central Station,Washington,D.C. 20038.
2. That the misuse or misapplication of shared assets, or supplantation of existing resources with shared asses is
prohibited. Failure to comply with this provision shall subject the recipient agency to the sanctions stipulated in
A Guide to Eouitable Sbarin¢ of Federally Forfeited Pcnoerty for State and I W Law Enforcement Agencies
(March 1994), hereinafter referred to as the .
3. That this Agreement will be submitted annually to the Executive Office for Asset Forfeiture and the United States
Attorney in the district in which the recipient law enforcement agency is located and/or in which the shared asset
was forfeited.
4. That this Agreement is considered a part of any and sp sharing requests submitted by the above Teferenced state
or local law enforcement agency.
S. That the parties agree to establish and/or maintain Federal Equitable Sharing Program funds in a separate account,
and further agree that funds from state forfeitures or other sources will not be deposited or otherwise commingled
with the federal equitable sharing funds. the parties further agree that such account will be subject to the
standard accounting requirements and practices employed for other such public monies as supplemented by
requirements set out in the Guide.
6. That the recipient law enforcement agency and its governing body agree to conduct an aamial audit of any finds '
or property received or expended under the Federal Equable Sharing Program to insure compliance with this
Agreement and all applicable statutes and policies, and to submit a copy of the audit to the Executive Office for
Asset Forfeiture and to the United States Attorney in the district in which the recipient agency.is located and/or
in which the shared asset was forfeited.
7. That the undersigned law enforcement official certifies that the receiving state or local law enforcement agency
is in compliance with the provisions of the QV& and the National Code of Professional Conduct far Asses
Forfeiture.
w
U. ANNUAL CERTIFICATION REPnRT
The undersigned hereby certify that the following is an accurate accounting of funds received and
expended by the law enforcement agency under the Federal Equitable Sharing Program during this
reporting period:
Beginning Fund Balance (beginning of your fiscal year) $ 0
Federal Sharing Fund Received (during your fiscal year) S 530,656.33 5/31/94
Total Equitable Sharing Funds $ $30,656.33
Interest Income Accrued $ 0
Federal Sharing Funds Expended(during your fiscal year) $ 0
Equitable Sharing Fund Balance $ $30,656.33
III. DATA FDR ASSESSING LAW ENFORCEMENT BENEFITS
Total spent on salaries for new, temporary. NTE 1-year $ 0
employees, and overtime r $ 0
Total spent on informant payments $ 0
Total spent on travel and training $ 0
Total spent on communications and computers $ 0
Total spent on firearms, weapons,body armor $ 0
Total spent on electronic surveillance equipment $ 0
Total spent on building and improvements $ 0
Total spent on other law enforcement expenses $ 0
Total passed-through for non-law
enforcement uses $ 0
Total annual law enforcement budget
for your jurisdiction for current fiscal year S 68, million
Total annual budget for non-law
enforcement agencies for current fiscal year $ 601,859,159.
Total annual law enforcement budget
for your jurisdiction for prior fiscal year $ 64,852,147.
Total annual budget for non-law
enforcement agencies for prior fiscal year $ 603,165,152.
Under penalties of perjury,I declare that to the best of my imowledge and belief,the information set forth
in this agreement is true and correct.
Signature, Law Enforcement Official Date
Title
Signature, Designated Representative Date
of Governing Body
Title