Item Coversheet

REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS


BOARD MEETING DATE:  August  15, 2017
CATEGORY:  Consent - Law and Justice-16.

SUBJECT:

Approve Renewal Equitable Sharing Agreement and Certifications.

DEPARTMENT: Sheriff
District Attorney

Supervisorial District No. :  All

DEPARTMENT CONTACT:  Mike Lindsey, Chief Fiscal Officer, (530) 245-6165

STAFF REPORT APPROVED BY:  Tom Bosenko, Sheriff-Coroner and Stephanie A. Bridgett, District Attorney

Vote Required?

Simple Majority Vote
General Fund Impact?

No General Fund Impact 

RECOMMENDATION

Take the following actions regarding renewal Equitable Sharing Agreement and Certifications (ESAC) outlining receipt and expenditure of federal asset forfeiture sharing funds for the Sheriff's Office and the District Attorney's Office for Fiscal Year 2016-17:  (1) Approve and authorize the Chairman to sign two certifying Affidavits; and (2) authorize the Finance Contact listed on each ESAC to electronically submit the ESAC to the United States Department of Justice.

SUMMARY

The Shasta County Sheriff’s Office and District Attorney’s Office are participants in the Federal Equitable Sharing program and submission of an annual ESAC is required to remain compliant in the program.


DISCUSSION

Annually, each law enforcement agency participating in the Federal Equitable Sharing program is required to submit an ESAC and report equitable sharing funds received and expended.

 

For FY 2016-17 the Sheriff’s Office did not receive new Federal Sharing Funds but did received other income of $8,745 from the proceeds of sale of a vehicle acquired through the Equitable Sharing program in FY 2010-11; determined to be no longer needed and disposed of at auction in accordance with County Administrative Policy 5-201, Disposition of Surplus Property. The Sheriff’s Office spent equitable sharing funds totaling $130,410.76 in FY 2016-17 on permissible expenses for the Sheriff’s Office. Earned interest for all federal equitable shared funds held during FY 2016-17, calculated using the pooled rate, totals $1,609.08. These amounts are detailed in the Sheriff’s Office ESAC.

 

For FY 2016-17 the District Attorney’s Office did not receive any Federal Sharing Funds and did not spend any equitable shared funds. This is detailed in the District Attorney’s ESAC.

 

Both the Sheriff and DA are compliant with the National Code of Professional Conduct for Asset Forfeiture and are compliant with the non-discrimination requirements of the laws identified in the Affidavit portion of the ESAC. There have been no court or administrative agency determinations or settlement agreements concerning the DA and the Sheriff as identified in the document. The DA and the Sheriff accept and agree to abide by the policies and procedures in the Guide to Equitable Sharing for State and Local Law Enforcement Agencies, the Equitable Sharing Agreement, and the policies and procedures issued by the United States Department of Justice (USDOJ) or the Department of Treasury related to the Asset Forfeiture or Equitable Sharing Programs which define what agencies are able to participate and the processes involved, establish general guidance on supplantation, budgeting, permissible and impermissible uses of these funds, and accounting procedures. Funds spent during this reporting period have been spent in accordance with the interim policy guidance issued August 1, 2014 by the Asset Forfeiture and Money Laundering Section of the USDOJ.


ALTERNATIVES

The Board of Supervisors may choose to request additional information from staff or may choose to not authorize the Chairman to sign the Affidavits in which case the Sheriff’s Office and District Attorney’s Office would be considered out of compliance and no longer eligible to receive future federal equitable sharing funds until regaining compliancy through submission of an ESAC.

OTHER AGENCY INVOLVEMENT

County Counsel has approved as to form and Risk Management has approved both ESACs. The County Administrative Office has reviewed this recommendation.

FINANCING

Asset forfeiture funds are held in a restricted account and appropriated as necessary to supplement the Sheriff’s budget for approved uses as defined by USDOJ Guidelines. Sheriff’s Office FY 2016-17 expenditures were supplemented by federal equitable sharing funds of $130,410.76 for various Sheriff operational expenses that included permissible law enforcement equipment/operations and law enforcement facilities expenses. The Sheriff’s Office received no new equitable sharing funds in FY 2016-17, recognized other income of $8,745, and recognized accrued interest in the amount of $1,609.08.

 

The District Attorney’s Office received no new equitable sharing funds and did not spend any equitable sharing funds in FY 2016-17. 

ATTACHMENTS:
DescriptionUpload DateDescription
Sheriff ESAC8/7/2017Sheriff ESAC
DA ESAC8/7/2017DA ESAC