City Council Agenda Report
Meeting Date: August 15, 2023
From: Robert Sousa, Chief of Police
Department: Police
Submitted by: Brandon Gray, Captain
Subject
Federal Equitable Sharing Agreement and Annual Certification Report Recommendation
Approve and authorize the Police Chief and City Administrator to execute the Federal Equitable Sharing Agreement and Annual Certification Report.
Background
When local police agencies work with federal agencies to enforce federal criminal laws, the agency may apply for an equitable share of any forfeited proceeds. The Vernon Police Department (VPD) currently receives an equitable share of forfeited proceeds from investigations conducted by an investigator who was assigned to the Southwest Borders Initiative Taskforce (SWBI).
In order to receive such proceeds, the VPD must execute an equitable sharing agreement and certify that the forfeited proceeds received are allocated as required by federal statutes and regulations established by the U.S. Department of Treasury and the U.S. Department of Justice.
These laws and regulations require the VPD to do the following:
• Retain forfeited funds or property separate from state or other forfeitures • Submit a federal Equitable Sharing Agreement and Certification annually with both agencies
• Maintain a record of the funds or property and any expenditures • Annually audit funds exceeding $100,000
The Department of Justice implemented an on-line reporting process to streamline the annual reporting of funds received by local agencies. The reporting process requires the Agency Head (Police Chief) and the Governing Body Head (City Administrator) to certify that the City understands its obligations under the agreement and to certify that the reported financial information regarding the VPD’s receipt and expenditure of the funds is accurate. The VPD has implemented procedures in compliance with the outlined laws and regulations.
The Equitable Sharing Agreement and Certification Report has been reviewed and approved as to form by the City Attorney’s Office.
Fiscal Impact
Approving execution of the Federal Equitable Sharing Agreement and Annual Certification Form will result in additional revenue to the General Fund, Forfeiture Revenue Account No. 011-440- 000-441013. Forfeited proceeds received through the equitable share program vary from year to year as funds are based on the resolution of specific court cases.
Attachments
1. 2022-23 Equitable Sharing Agreement and Certification Form