HomeMy WebLinkAboutDoc 490 - IGA - DOJ - Asset Forfeiture ProgramDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of July 25,2012
DATE: July 17, 2012
FROM: Darryl Nakahira Department: Sheriffs Office Phone#: 541-617-3369
TITLE OF AGENDA ITEM:
Consideration of Board Chair Signature of Document 2012-490, an Agreement between
Deschutes County, by and through its Sheriffs Office, and the U.S. Department of Justice.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
Each year the Sheriffs Office submits an agreement and re-certification form for the
Department of Justice Equitable Sharing Program, a Federal Asset Forfeiture program in
which the Sheriffs Office may receive funds from forfeited cash, property and other
proceeds.
The Sheriff's Office is entitled to receive funds from the federal equitable sharing program
following the close of each fiscal year.
The Sheriffs Office agrees to use the funds solely for drug-related investigations as
mandated by statute as well as strict guidelines set out by the Department of Justice.
Unfortunately, no funds were distributed to the Sheriffs Office during the 2012 'fiscal year,
but the Sheriffs Office is required to submit the Equitable Sharing and Agreement
Certification annually.
FISCAL IMPLICATIONS: None
RECOMMENDATION & ACTION REQUESTED:
It is requested that the Board Chair approve and sign document 2012-490.
ATTENDANCE: Capt Tim Edwards, Sheriffs Office
DISTRIBUTION OF DOCUMENTS:
Call Pat Davis, Sheriffs Office Legal Assistant, x3367, when ready for pick up.
Departmental Cont ct Phone #: 541-388-6656
7-(7-[<
Date
Distribution of Docu
when ready for pick up
Sheriff's Approva I: ----."'Ir---+-ii---tt-t++--f----
Call Pat Davis, Sheriff's Office Legal Assistant, x3367,
DESCHUTES COUNTY DOCUMENT SUMMARY
Date: July 17, 2012 Department: Sheriffs Office
Type of Document: This is an annual Agreement and Re-certification between
Deschutes County, by and through its Sheriff's Office, and the U.S. Department of
Justice.
Goods and/or Services: This agreement and re-certification allows the Deschutes
County Sheriff's Office to participate in the Department of Justice's Equitable Sharing
Program. Through this Agreement, the Sheriff's Office is entitled to receive funds from
the federal equitable sharing program following the close of each fiscal year. The funds
in this program are from forfeited cash, property and other proceeds.
Background & History: Each year the Sheriffs Office submits an agreement and re
certification form for the Department of Justice Equitable Sharing Program. This is a
Federal Asset Forfeiture program in which the Sheriffs Office receives funds from
forfeited cash, property and other proceeds. The Sheriff's Office agrees to use the
funds solely for drug-related investigations as mandated by statute as well as the strict
guidelines set out by the Department of Justice.
Annual Value or Total Payment: Unfortunately, no funds were distributed to the
Sheriffs Office during the 2012 fiscal year, but the Sheriff's Office is required to submit
the Equitable Sharing and Agreement Certification annually.
Funding Source: (Included in current budget?) I:8J Yes D No
Is this a Grant Agreement providing revenue to the County? DYes I:8J No
Official Review:
County Signature Required (check one): ~ BOCC D Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. )
Legal Review ~1lI..Jv.~Date 7 1, 7 { /l
Document Number __--!2=O::....:1=2'--4...:..:9~0::.....____
-------
----------
Equitable Sharing
Agreement and
Certification
Expires 9-30-2014
o Police Department @ Sheriffs Office 0 Task Force (Complete Table A, page2) o Prosecutor's Office 0 Other (specify) _____________
Agency Name: Deschutes County Sheriffs Office
NCICIORllTracking Number: I 0 I Rio I 0 I 9 I 0 I 0 I 0 I 0 I
Street Address: 63333 W. Hwy 20
City: Bend State: OR Zip: 97701
Contact: Title: Captain First: Tim Last: Edwards
--~---------------------------------------
Contact: Phone: 541-388-6656 E-mail: time@deschutes.org
I:8l Same as Preparer: First: _T_im______________________ Last: _E_d_w_a_rd_s_______________________
Contact Preparer: Phone: 541-388-6656 E-mail: time@deschutes.org
Last Fiscal Year End: 06/30/2012 Agency Current Fiscal Year Budget: $37,003,318.00
o New Participant: Read the Equitable Sharing Agreement (page 4) and sign the Affidavit (page 5)
Complete the Annual Certification Report, read the Equitable Sharing Agreement (page 4), @ Existing Participant: and sign the Affidavit (page 5)
Revise the Annual Certification Report, read the Equitable Sharing Agreement (page 4),
o Amended Form:
and sign the Affidavit (page 5).
Annual Certification Report
Summary of Equitable Sharing Activity Justice Funds 1 Treasury Funds 2
1 Beginning Equitable Sharing Fund Balance (must match
Ending Equitable Sharing Fund Balance from prior Fy) $0.00 $0.00
2 Federal Sharing Funds Received $0.00 $0 .00
3 Federal Sharing Funds Received from Other Law Enforcement
Agencies and Task Forces (complete Table B, page 2)
4 Other Income $0.00 $0.00
5 Interest Income Accrued Non-Interest Bearing @
Interest Bearing 0 $0.00 $0.00
6 Total Equitable Sharing Funds (total of lines 1 -5) $0.00 $0.00
7 Federal Sharing Funds Spent (total of lines a - m below) $0.00 $0.00
8 Ending Balance (difference between line 7 and line 6) $0.00 $0.00
1 Justice Agencies are: FBI, DEA, ATF, USPIS, USDA, DClS, DSS, and FDA.
1 Treasury Agencies are: IRS, ICE, CBP, USSS, and USCG.
Page 1 of 5 September 2011
Version 2.0
S ........... 7 of Shared Monies Spent Justice Funds Ti "'.." .. " Funds
a Total spent on salaries for new, temporary, not-to-exceed
one year employees Refer to § VlILA.2.a.3 of the Justice Guide $0.00
b Total spent on overtime $0.00
c Total spent on informants, "buy money," and rewards $0.00
d Total spent on travel and training $0.00
e Total spent on communications and computers $0.00
f Total spent on weapons and protective gear $0.00
g Total spent on electronic surveillance equipment $0.00
h Total spent on buildings and improvements $0.00
i Total transfers to other state and local law enforcement
agencies (complete Table C, page 2)
j Total spent on other law enforcement expenses (complete
Table D, page 3)
k Total Expenditures in Support of Community-based Programs
(complete Table E, page 3)
I Total Windfall Transfers to Other Government Agencies
(complete Table F, page 3)
m Total spent on matching grants (complete Table G, page 3)
n Total $0.00
a Did your agency receive non-cash assets? 0 Yes @No If yes, complete Table H, page 3.
$0.00
$0.00
$0.00 J
$0.00 I
$0.00 I
$0.00 i
!$0.00 .
$0.00
$0.00
Please fill out the following tables, if applicable.
Table A: Members of Task Force
Agency Name NCIC/ORlrrracking Number
Table B: Equitable Sharing Funds Received from other Agencies
Total the amount transferred to each agency on separate lines
Transferring Agency Name, City, and State Justice Funds Treasury Funds
Agency Name: I
NCIClORllTracking Number: I Ii'CJI I I I I I I I I
Table C: Equitable Sharing Funds Transferred to Other Agencies
Total the amount transferred to each agency on separate lines
Receiving Agency Name, City, and State Justice Funds Treasury Funds
Agency :1 1
NCIC/ORIITracking Number: I iI I I I I I I I
Page20fS September 2011
Version 1.0
II
Table D: Other Law Enforcement Expenses
Description of Expense Justice Funds Treasury Funds
Table E: Expenditures in Support of Community-based Programs
Refer to § VIlIA1.m and Appendix C of the Justice Guide
Justice Funds
Table F: Windfall Transfers to Other Government Agencies
Refer to § VillA1.n of the Justice Guide and pp. 25-26 of the Treasury Guide
Recipient Justice Funds Treasury Funds
Table G: Matching Grants
Refer to § VIII.A.1.h of the Justice Guide and p. 22 of the Treasury Guide
Matching Grant Name Justice Funds Treasury Funds
Table H: Other Non-Cash Assets Received
Source
Justice 0
Treasury 0
Description of Asset
Table I: Civil Rights Cases
Name of Case Type of Discrimination Alleged EDRace o Color NationalOrigin lOG d en er
o Disability ID Age o Other
Paperwork Reduction Act Notice
Under the Paperwork Reduction Act, a person is not required to respond to a collection of information
unless it displays a valid OMB control number. We try to create accurate and easily understood forms
that impose the least possible burden on you to complete. The estimated average time to complete this
form is 30 minutes. Ifyou have comments regarding the accuracy of this estimate, or suggestions for
making this form simpler, please write to the Asset Forfeiture and Money Laundering Section,
Program Operations Unit, 1400 New York Avenue, N.W., Tenth Floor, Washington, DC 20005.
Page 3 of5 September 2011
Version 2,0
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 offederally 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 ofTreasury.
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 for State and Local Law Enforcement (Justice Guide), and the Department of the Treasury's
Guide to Equitable Sharing for Foreign 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 ofTreasury, 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 ofthe 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 Treasury forfeiture funds.
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, including the requirement in the Justice Guide to maintain relevant documents and
records for five years.
The misuse or misapplication of shared resources or the supplantation of existing resources with shared assets is
prohibited. Failure to comply with any provision ofthis 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.
Page40fS September 2011
Version 2.0
Agency Head
Affidavit -Existing Participant
Under penalty of perjury, the undersig ned 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 US.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. The Agency agrees that it will comply with all
federal statutes and regulations permitting federal investigators access to records and any other sources of information as
may be necessary to determine compliance with civil rights and other applicable statutes and regulations.
During the past fiscal year: (1) has any court or administrative agency issued any finding,
judgment, or determination that the Agency discriminated against any person or group in
violation of any of the federal civil rights statutes listed above; or (2) has the Agency entered
into any settlement agreement with respect to any complaint filed with a court or
administrative agency alleging that the Agency discriminated against any person or group in
violation of any of the federal civil rights statutes listed above? 0 Yes @ No
If you answered yes to the above question, complete Table I
Governing Body Head
See 11 2 on page LJ..---_ See '112 on page
Signature: Signature:
Name: Name: DeBone
Title: Title: County Commissioner
Date: Date:
Subscribe to Equitable Sharing Wire:
The Equitable Sharing Wire is an electronic newsletter that 1====================\
gives you important. substantive, information regarding
Equitable Sharing policies, practices, and procedures.
Final Instructions:
Step 3: E-mail the XML file to aca.submit@usdoj.gov
Step 2: Click to save in XML format
Step 1: Click to save for your records
Step 4: Fax THIS SIGNED PAGE ONLY to (202) 616-1344
FOR AGENCY USE ONLY
Entered by ____
Entered on ____ 1 111111111111111111111111111111111111111111111 o FY End: 06/30/2012 Date Printed: July 03, 201214:36
® NCIC: OR0090000 Agency: Deschutes County Sheriff's Office Phone: 541-388-6656
o
State: OR Contact: Tim Edwards E-mail: time@deschutes.org
Page 50f 5 September 2011
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