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13-0205_U.S. DEPARTMENT OF JUSTICE_D17_Agenda Report 2/5/2013 t•(f. . rA°�, 017 City of San Juan Capistrano Agend *irc port TO: Karen P. Brust, City an.•f• FROM: Tom Bokosky, Human Re •urces Mana4f Prepared by: Michael Cantor, Safety & Emd ency Services Manager DATE: February 5, 2013 SUBJECT: Consideration of the Annual Equitable Sharing Agreement and Certification for the United States Department of Justice RECOMMENDATION: By motion, 1. Approve the Equitable Sharing Agreement and Certification; and, 2. Authorize the City Manager and Chief of Police Services to execute the Equitable Sharing Agreement and Certification each successive year that it is requested by the United States Department of Justice. EXECUTIVE SUMMARY: The United States Department of Justice sets forth requirements for participation in a program that shares the seizure and forfeiture of assets (cash and property). If a Federal Law Enforcement Agency seizes assets in the City of San Juan Capistrano, the City may be eligible to share said assets. The Equitable Sharing Agreement and Certification must be completed and submitted to the United States Department of Justice to be eligible to participate in this program. This recommendation authorizes the City Manager and the Chief of Police Services to execute and submit the Equitable Sharing Agreement and Certification every year to the United States Department of Justice. DISCUSSION/ANALYSIS: Police Services has processed the annual Equitable Sharing Agreement and Certification since 2007, and the City Manager and the Chief of Police Services have City Council Agenda Reps, February 5, 2013 Page 2 of 2 executed the prior annual agreements. This year, in order to inform the City Council of the Equitable Sharing Program, staff has prepared this agenda report explaining the program. The United States Department of Justice works closely with state and local law enforcement agencies on cases involving the seizure and forfeiture of assets. Through the Equitable Sharing Program, the United States Department of Justice is able to distribute forfeited assets to participating agencies. Although the City has never received assets through the Equitable Sharing Program, staff recommends that the appropriate documentation be in place to facilitate the appropriation of assets if and when it becomes available. Assets cannot be distributed unless the City has a current Equitable Sharing Agreement and Certification on file with the United States Department of Justice. The recommendation is to authorize the City Manager and Chief of Police Services to execute the current and all future Equitable Sharing Agreements and Certifications. In the event the City was to receive assets from the Equitable Sharing Program, the City Council will be informed through an agenda item at a regularly scheduled City Council meeting. FISCAL IMPACT: Not applicable. ENVIRONMENTAL IMPACT: Not applicable. PRIOR CITY COUNCIL REVIEW: Not applicable. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION: Not applicable. ATTACHMENT: Attachment 1 — Equitable Sharing Agreement and Certification OMB Number 1123-0011 .p�3T OPT Expires 9 30 2014 ,�` �T �'�'� Equitable Sharing 4,7- t e y Agreement and p .• W ,... t," ° M ���u / Certification •Y N * 2- 4 of 1789 Ati ® Police Department O Sheriffs Office O Task Force(Complete Table A,page2) 0 Prosecutor's Office 0 Other(specify) Agency Name:City of San Juan Capistrano Police Services NCIC/ORI/Tracking Number: C A 0 3 0 1 8 0 0 Street Address:32400 Paseo Adelanto City: San Juan Capistrano State:CA Zip: 92675 Contact:Title:Mr. First:Michael Last: Cantor Contact:Phone:949-234-4565 E-mail: mcantor@sanjuancapistrano.org Same as Preparer: First: Maricella Last:Moreno ' Contact Preparer: Phone: 949-443-6392 E-mail: mmoreno@sanjuancapistrano.org Last Fiscal Year End: 06/30/2012 Agency Current Fiscal Year Budget: $7,819,117.00 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), O Existing Participant: and sign the Affidavit(page 5) O Amended Form: Revise the Annual Certification Report,read the Equitable Sharing Agreement(page 4), and sign the Affidavit(page 5). Annual Certification Report Summary of Equitable Sharing Activity Justice Funds' Treasury Funds' 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 Q 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 'Justice Agencies are:FBI,DEA,ATF,USPIS,USDA,DCIS,DSS,and FDA. 2 Treasury Agencies are:IRS,ICE,CBP,USSS,and USCG. Page 1 of 5 ATTACHMENT 1 Summary of Shared Monies Spent Justice Funds Treasury Funds a Total spent on salaries for new,temporary,not-to-exceed one year employees Refer to§VIII.A_2.a3 of the Justice Guide $0.00 $0.00 b Total spent on overtime $0.00 $0.00 c Total spent on informants,"buy money,"and rewards $0.00 $0.00 d Total spent on travel and training $0.00 $0.00 e Total spent on communications and computers $0.00 $0.00 f Total spent on weapons and protective gear $0.00 $0.00 g Total spent on electronic surveillance equipment $0.00 $0.00 h Total spent on buildings and improvements $0.00 $0.00 Total transfers to other state and local law enforcement agencies(complete Table C,page 2) 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) 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 $0.00 o Did your agency receive non-cash assets? 0 Yes Oa No If yes,complete Table H,page 3. Please fill out the following tables,if applicable. Table A: Members of Task Force Agency Name NCIC/ORI/Tracking 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: NCIC/ORI/Tracking Number: 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 Name: NCIC/ORI/Tracking Number: Page 2 of 5 September 2011 Version 2.0 Table D: Other Law Enforcement Expenses Description of Expense Justice Funds Treasury Funds Table E: Expenditures in Support of Community-based Programs Refer to§VIII.A.1.m and Appendix C of the Justice Guide Recipient Justice Funds Table F: Windfall Transfers to Other Government Agencies Refer to§VIII.A.1.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 Description of Asset Justice O Treasury 0 Table I: Civil Rights Cases Name of Case Type of Discrimination Alleged 111 Race Color National ❑ Gender Origin Disability El Age 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. If you 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 of 5 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 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 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 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 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 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. Page 4 of 5 September 2011 Version 2.0 Affidavit - Existing Participant 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 etseq.),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? O Yes ® No If you answered yes to the above question,complete Table I Agency Head Governing Body Head See 112 on page See 112 on page Signature: Signature: Name: John Meyer Name: Karen P. Brust Title: Lieutenant Title: City Manager Date: Date: Subscribe to Equitable Sharing Wire: The Equitable Sharing Wire is an electronic newsletter that gives you important,substantive,information regarding Equitable Sharing policies,practices,and procedures. Final Instructions: Step 1: Click to save for your records Step 3: E-mail the XML file to aca.submit@usdoj.gov Step 2: Click to save in XML format Step 4: Fax THIS SIGNED PAGE ONLY to (202) 616-1344 FOR AGENCY USE ONLY II 111 11 111 1 11 11 1111 11 1 11 1 11 III I II 111 II Entered by Entered on o FY End: 06/30/2012 Date Printed: January 09,2013 15:14 ® NCIC: CA0301800 Agency:City of San Juan Capistrano Police Services Phone:949-234-4565 0 State: CA Contact: Michael Cantor E-mail: mcantor@sanjuancapistrano.org Page 5 of 5 September 2011 Version 2.0