HomeMy WebLinkAbout07/18/2006, C6 - FEDERAL EQUITABLE SHARING AGREEMENT council Marine Due July 18,2006
acjcnba Report 1w.N.-na Gtr
CITY OF SAN LUIS O B I S P O
FROM: Deborah Linden, Chief of Police
SUBJECT: FEDERAL EQUITABLE SHARING AGREEMENT
CAO RECOMMENDATION
Authorize the Mayor and the Chief of Police to sign a Federal Equitable Sharing Agreement that
will allow the City to receive federally forfeited assets from adjudicated narcotics cases,pursuant
to the federal equitable sharing program.
DISCUSSION
The City of San Luis Obispo is a participating agency in the San Luis Obispo Narcotics Task
Force (SLO NTF), a multi-agency task force coordinated by the State Bureau of Narcotic
Enforcement. In addition, the Police Department maintains a Situation Oriented Response Team
(SORT) which also conducts street-level narcotics investigations. Some of the investigations
conducted by SLO NTF and SORT result in the seizure of assets (cash and/or property) that were
determined to be the proceeds of illegal drug transactions, or used in the furtherance of such
transactions. These drug assets may be seized under state or federal law. If the assets are proved
to be drug-related, they are subject to forfeiture by a court of law. Once deemed legally
forfeited, the assets are available to be shared with agencies that were involved in the original
investigation.
There are strict guidelines under both state and federal law governing the use of forfeited assets
by cities and counties. These assets must be used for law enforcement purposes to supplement
the regular budget "above and beyond" those items that are normally or already budgeted for.
There are strict prohibitions against supplanting general fund allocations with forfeited funds.
The use of forfeited assets is a very cost-effective way to further our public safety goals without
impacting the general fund, especially when faced with City-wide fiscal challenges such as those
experienced during the past several years. For example, the Police Department plans to utilize
federally forfeited funds to purchase new protective gear for SORT team members and these
items were not budgeted for during the FY 2005-07 budget cycle.
If a drug asset is forfeited under federal law, the responsible federal agency is not able to transfer
that asset to local law enforcement agencies involved in the case without a signed Federal
Equitable Sharing Agreement on file with both the Department of Justice and the Department of
the Treasury. This agreement states that the City will comply with the following conditions
upon receipt of a federally forfeited asset:
1. The forfeited funds will be not be commingled with funds from other sources and will be
accounted for using a separate revenue account or accounting code.
FEDERAL EQUITABLE SHARING AGREEMENT Page 2
2. Interest earned on federally forfeited assets must be accounted for in the same account as
the forfeited assets.
3. The forfeited funds will be subject to all standard accounting requirements as well as to
specific requirements for federally forfeited funds.
4. The City (via the Police Department) will submit annual Certification Reports to the
Department of Justice and the Department of the Treasury accounting for the shared
federal funds.
The Police Department Administrative Analyst will be responsible for ensuring the City's
compliance with the agreement, including the annual reporting. She will work with the
Department of Finance/IT regarding the accounting aspects of the agreement to ensure the
forfeited funds and earned interest are tracked separately from other funds and utilized in
accordance with federal law.
The Federal Equitable Sharing Agreement requires the signatures of both the head of the
Governing Body for the City and the Chief of Police. The CAO is recommending that Council
authorize the Mayor and the Chief of Police to sign the agreement accordingly.
CONCURRENCES
The Department of Finance/IT and the City Attorney agree with the CAO recommendation.
FISCAL IMPACT
There is no negative fiscal impact to the City. Any federally forfeited funds shared with the
Police Department will benefit the City by allowing the department to purchase equipment or
training that we would not normally be able to afford. There will be a minimum amount of staff
time needed in both the Police and Finance/IT Departments to ensure proper accounting of the
funds and compliance with the sharing agreement. Both departments have determined that they
can absorb this staff time within their existing staff allocations.
ALTERNATIVES
Do not authorize the Mayor and the Chief of Police to sign the sharing agreement. Staff does not
recommend this alternative. By not executing the agreement, the City will not be eligible to
receive federally forfeited assets from investigations Police Department personnel were involved
in. As a result, the Police Department will not benefit from the additional funds.
ATTACHMENTS
Copy of the Federal Equitable Sharing Agreement.
Federal Equitable Sharing Agreement Instructions
Law Enforcement Agency. Enter the complete name of your state or local law enforcement agency— e.g., Anytown
Police Department. This must be consistent with the DAG-71. Check the appropriate box to indicate type of agency.
Acronyms should be spelled out. If a task force,provide a list of member agencies,addresses,and lead agency,if designated.
New Participant. Check this box if your agency has never received any cash, proceeds, or property from the equitable
sharing program.
Contact Person: Enter the name of the person who can provide additional information on the sharing agreement form,
E-mail Address: Enter the e-mail address of the contact person or the e-mail address of the agency.
Mailing Address: Enter your agency's complete mailing address (number,street,city,state, and zip code).
Telephone Number: Enter the phone number of the contact person, including area code and extension.
Fax Number: Enter your agency's fax number including area code.
Agency Fiscal Year Ends on: Enter the ending date(month/day)of your agency's fiscal year—e.g., 6/30.
NCIC/ORUTracking No.: Enter your valid FBI-issued National Crime Information Center (NCIC)/ORI code — e.g.,
CA0000000—or tracking number assigned by the Asset Forfeiture and Money Laundering Section.
Civil Rights Provision: Police departments, sheriffs' departments, prosecutors' offices, and other law enforcement
agencies that receive federal financial assistance from the Department of Justice(DOJ)are subject to the provisions of. (1)
Title VI of the Civil Rights Act of 1964,which prohibits discrimination on the basis of race,color,or national origin;(2)Title
IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in training and educational
programs;(3)Section 504 of the Rehabilitation Act of 1973,which prohibits discrimination on the basis of disability;and(4)
the Age Discrimination Act of 1975,which prohibits discrimination on the basis of age. Federal financial assistance includes
funds, training and technical assistance, logistical support, and property transfers from DOJ including equitable sharing.
Agencies receiving assistance are required to permit DOJ investigators access to records and any other sources of information
as may be necessary to determine compliance with civil rights laws. If the"yes"box is checked in 8a and/or 8b,provide
the following information: the name of the case; a summary of the complaint;and the status of the case—e.g.,Jones
v.Anytown Police Department, sex discrimination; settled. Please do not send a copy of the complaint.
Law Enforcement Agency Head: The head of your law enforcement agency must.sign and date the form. Name and
title of the signatory must be printed or typed. Examples of law enforcement 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. For task forces, the law enforcement
agency head is the person who oversees task force operations and may be the chief law enforcement officer of the lead agency
—e.g., police chief or sheriff or a commander, lieutenant, or captain who oversees task force operations. By.signing the
agreement, the signatory certifies that the receiving state or local law enforcement agency is in compliance with the Justice
and Treasury Guides,and agrees to be bound by the statutes and guidelines which regulate the equitable sharing program.
Governing Body Head: The head of your governing body must sign and date the form. Name and title of the signatory
must be printed or typed. For purposes of this form,a governing body is the person or entity that has appropriations authority
over your agency. That is,the governing body has legislative authority to approve your agency's annual budget. Examples
ofgoveming body heads include city manager,mayor,city council chairperson,county executive,county council chairperson,
director,secretary,administrator,commissioner,and governor. In general,a law enforcement official should not sign as
the governing body head. An exception will be granted for law enforcement officials that have appropriations authority over
a task force. For task forces with a governing board, the board chairperson should sign as the governing body head. Task
forces whose budgets are approved in the same manner as a city,county,or state law enforcement agency should obtain the
signature of the appropriate official—e.g., city manager,mayor,etc. By signing the agreement,the signatory certifies that
the receiving state or local law enforcement agency is in compliance with the Justice and Treasury Guides,and agrees to be
bound by the statutes and guidelines which regulate the equitable sharing program.
C,
Federal Equitable Sharing Agreement
VALID THRU SEPTEMBER 30, 2008
Law Enforcement Agency:. San Luis Obispo Police Department G)Check if New Participant
QQ Police Department 0 Sheriffs Office/Department 0 Task Force(amch un of members) 0 Prosecutor's Office 0 Other
Contact Person: Melissa Ellsworth E-mail Address: mellswor@slocity.org
Mailing Address: 1042 Walnut St. San Luis Obispo California 93401
(Street) (City) (State) (Zip Code)
Telephone Number: ( 805 ) 781-7312 Fax Number: (_805 ) 781-7088
Agency Fiscal Year Ends on: iune 30 NCICIORI/Tracking No.: 0400600
(Month/Day)
This Federal Equitable Sharing Agreement entered into among(1)the Federal Government(2)the above-stated law enforcement 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 their signatures,the parties agree that they will be bound by the statutes and guidelines that regulate shared assets
and the following requirements for participation in the federal equitable sharing program.
1. Submission. The Federal Equitable Sharing Agreement and the Federal Annual Certification Report must be submitted to both
the Department of Justice and the Department of the Treasury with a copy provided to the U.S.Attorney in the district in which
the recipient law enforcement agency is located,in accordance with the instructions received from the respective departments or
as outlined in their equitable sharing guidelines.
Asset Forfeiture and Money Laundering Section Executive Office for Asset Forfeiture
U.S.Department of Justice U.S.Department of the Treasury
10th and Constitution Avenue,NW 740 15th Street,NW
Bond Building, 10'Floor Suite 700
Washington,DC 20530 Washington,DC 20220
Fax: (202)616-1344 Fax: (202)622-9610
E-mail address: afrn1s.aca(a)usdoi.goy E-mail address: treas.aca(@,teoaftreas.gov
2. Signatories. This agreement must be signed by the head of the law enforcement agency and the head of the governing body.
Examples of law enforcement 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. Examples of governing body heads include city manager,mayor;city council chairperson,county
executive,county council chairperson,director, secretary,administrator,commissioner,and governor.Receipt of the signed
agreement is a prerequisite to receiving any equitably shared cash,property,or proceeds.
3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern
equitable sharing and as specified in the equitable sharing request (either a DAG-71 or a TDF 92-22.46) submitted by the
requesting agency.
4. Transfers. Before the undersigned law enforcement agency transfers cash, property,or proceeds to other state or local law
enforcement agencies,it must verify first that the receiving agency has a current and valid Federal Equitable Sharing Agreement
on file with both the Department of Justice and the Department of the Treasury. If there is no agreement on file,the undersigned
law enforcement agency must obtain one from the receiving agency and forward it to the Department of Justice and the
Department of the Treasury as in item 1. A list of recipients and the amount transferred must be attached to the Federal Annual
Certification Report.
5. Internal Controls. The parties agree 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 recipient agency shall establish a separate revenue account or accounting code for state,
local,Department of Justice,and Department of the Treasury forfeiture funds. Interest income generated must be accounted for
in the appropriate federal forfeiture fund account.
The parties agree 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 Department ofJustice'sA Guide to Equitable
Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencies(Justice Guide),and the Department of
the Treasury's Guile to Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies
(Treasury Guide). The accounting of shared funds must be reported on the Annual Certification Report.
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 or property.
6. Federal Annual Certification Report The recipient agency shall submit an Annual Certification Report to the Department
of Justice and the Department of the Treasury(at the addresses shown in item 1)and a copy to the U.S.Attorney in the district
in which the recipient agency is located. The certification must be submitted in accordance with the instructions received from
the respective departments or as outlined in the Justice or Treasury Guides. Receipt of the certification report is a prerequisite
to receiving any equitably shared cash,property,or proceeds.
7. 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 the Department of the Treasury reserve the right to conduct periodic random audits.
8a. During the past 3 years,has your agency been found in violation of,or entered into a settlement agreement
pursuant to,any nondiscrimination law in federal or state court, or before an administrative agency?
Q Yes . X No (If you answered yes,attach relevant information. See instructions.)
8b. Are there pending in a federal or state court,or before any federal or state administrative agency,proceedings
against your agency alleging discrimination?
Q Yes %No (If you answered yes,attach relevant information. See instructions.)
The undersigned certify that the recipient agency is in compliance with the nondiscrimination requirements ofthe 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 1X 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.
Under penalty of perjury,the undersigned officials certify that the recipient state or local law enforcement agency is in
compliance with the provisions of the Justice and/or Treasury Guides and the National Code of Professional Conduct for
Asset Forfeiture.
Name(Print or Type) Deborah Linden Date Name(print or Type) David Romero Date
Law Enforcement Agency Head Governing Body Head
Signature: Signature:
Tide: Chief of Police Tide, Mayor
"is form is subject to the Freedom of Information Act and may be released under 5 U.S.C.§552.
See www.usdoi.�ov/criminal/afmis.html or www.treas.eov/oflices/eAPl1®D1sOfY� ifrFelRM:
JO H- P. LOWELL
City Attorney