13-0205_U.S. DEPARTMENT OF JUSTICE_D17_Agenda Report 2/5/2013
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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
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® 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:
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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.
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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.
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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
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