Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  21-000693

 

MEETING DATE:

08/24/21

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

District Attorney   (Approved)

Department contact person(s):

Glenn Robison (714) 347-8778 

 

 

Shawn Nelson (714) 347-8402

 

 

Subject:  Equitable Sharing Agreement and Certification Report for FY 2020-21

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

          Concur

Approved Agreement(s) and Resolution(s)

Consent Calendar

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost:   N/A

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:            

Sole Source:   N/A

    Current Fiscal Year Revenue: N/A

  Funding Source:      N/A

County Audit in last 3 years: No

 

 

    Prior Board Action:         08/25/2020 #4, 08/27/2019 #3, 08/28/2018 #5

 

RECOMMENDED ACTION(S):

 

 

1.

Approve and authorize the District Attorney to execute and electronically submit to the U.S. Department of Justice the attached federal Equitable Sharing Agreement and Certification Report for FY 2020-21.

 

2.

Adopt the Board of Supervisors Resolution.

 

 

 

 

SUMMARY:

 

Approval of the attached Equitable Sharing Agreement and Certification Report for FY 2020-21 will allow the District Attorney to continue its participation in the federal Equitable Sharing Program in order to receive an equitable share of the proceeds of the federally-forfeited property to supplement and enhance appropriated department resources.

 

 

 

BACKGROUND INFORMATION:

 

The Forfeiture & Seizure Unit of the District Attorney's Narcotic Enforcement Team has been participating in numerous federal and state investigations involving drug traffickers and, in many of these cases, has received an equitable share of the federally forfeited property or proceeds from such properties in proportion to its participation. Federal guidelines governing the application and use of federal asset sharing require the submission of the Annual Equitable Sharing Agreement and Certification Report for the District Attorney's participation in the federal Equitable Sharing Program. 

 

Annual Equitable Sharing Agreements and Certification Reports are submitted to the U.S. Department of Justice, as required in order for the District Attorney to receive an equitable share of the proceeds of the federally-forfeited property for its participation.

 

The federally-forfeited cash and property and/or the proceeds thereof, which are equitably shared plus any interest earned thereon, are deposited to District Attorney’s Fund 116, Narcotic Forfeiture and Seizure and used to supplement and enhance appropriated department resources in accordance with the U.S. Department of Justice and the Department of the Treasury guidelines.

 

The Board of Supervisors approved the FY 2019-20, FY 2018-19 and FY 2017-18 Equitable Sharing Agreements and Certification Reports on August 25, 2020, August 27, 2019, and August 28, 2018, respectively.

 

 

 

FINANCIAL IMPACT:

 

N/A

 

 

STAFFING IMPACT:

 

N/A

 

 

ATTACHMENT(S):

 

Attachment A - FY 2020-21 Equitable Sharing Agreement and Certification
Attachment B - Board Resolution