HomeMy WebLinkAboutResolutions - 2005.06.16 - 27875MISCELLANEOUS RESOLUTION #05112 June 16, 2005
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - AUTHORIZATION FOR CHAIRPERSON TO SIGN A FEDERAL
EQUITABLE SHARING AGREEMENT WITH THE FEDERAL GOVERNMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the provisions of the Federal Equitable Sharing Agreement 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; and
WHEREAS the Federal Equitable Sharing Agreement is between the Federal
Government and the County of Oakland; and
WHEREAS the Oakland County Sheriff's Office will be required to submit
an Annual Certification Report to the Department of Justice and the
Department of Treasury with a copy to the U.S. Attorney in the district in
which the recipient agency is located; and
WHEREAS the Federal Equitable Sharing Agreement has been reviewed by
Corporation Counsel and finds no legal issues that must be resolved before
execution by the Chairperson.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the Chairperson to sign the Federal Equitable
Sharing Agreement.
Chairperson, on behalf of the Public Services Committee, I move
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried on a roll call vote with Scott absent.
OAKLAND COUNTY MEMO
PRIVILEGED AND CONFIDENTIAL
CORPORATION COUNSEL ATTORNEY CLIENT COMMUNICATION
To: Dale Cunning
From: Jody acbge
Date: April 29, 200
Re: Federal Equitablnharing Agreement 2005-2008
File #: 2005-0363
After reviewing the Federal Equitable Sharing Agreement, I see no legal issues that
must be resolved before execution by Chairperson Bullard. However, Chairperson
Bullard would not be authorized to sign this Agreement absent a Board of
Commissioners Resolution. Therefore, it is my opinion that you need to take this to
the Board.
Mailing Address' 1201 N. Telegraph
(Street) (City)
MI 48341
(State) (Zip Code)
Pontiac
Federal Equitable Sharing Agreement
VALID THRU SEPTEMBER 30, 2008
Law Enforcement Agency: Oakland Col fEs.L.Dific.t Q Check if New Participant
0 Police Department 0 Sheriff's Office/Department C Task Force (attach hit cf members) 0 Prosecutor's Office C Other
Contact Person: Sgt. Christopher Wundrach E-mail Address: wundrachc@co .oakland. . us
Telephone Number: ( 248 ) 858 -5366 Fax Number: ( 248 ) 975 -9759
Agency Fiscal Year Ends on: 9-30 NCIC/ORI/Tracking No.: MI6316300
(Month/Day)
This Federal Equitable Sharing Agreement entered into among (1) the Federal Government, (2) the above-stated law enforcement 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 their signatures, the parties agree that they will be bound by the statutes and guidelines that regulate shared assets
and the following requirements for participation in the federal equitable sharing program.
1. Submission. The Federal Equitable Sharing Agreement and the Federal Annual Certification Report must be submitted to both
the Department of Justice and the Department of the Treasury with a copy provided to the U.S. Attorney in the district in which
the recipient law enforcement agency is located, in accordance with the instructions received from the respective departments or
as outlined in their equitable sharing guidelines.
Asset Forfeiture and Money Laundering Section
U.S. Department of Justice
10th and Constitution Avenue, NW
Bond Building, 10th Floor
Washington, DC 20530
Fax: (202) 616-1344
E-mail address: afmls.acaPusdoi.gov
Executive Office for Asset Forfeiture
U.S. Department of the Treasury
740 15th Street, NW
Suite 700
Washington, DC 20220
Fax: (202) 622-9610
E-mail address: treas.aca(a)teoaf. treas.Rov
2. Signatories. This agreement must be signed by the head of the law enforcement agency and the head of the governing body.
Examples of law enforcement 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. Examples of governing body heads include city manager, mayor, city council chairperson, county
executive, county council chairperson, director, secretary, administrator, commissioner, and governor. Receipt of the signed
agreement is a prerequisite to receiving any equitably shared cash, property, or proceeds.
3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern
equitable sharing and as specified in the equitable sharing request (either a DAG-71 or a TDF 92-22.46) submitted by the
requesting agency.
4. Transfers. Before the undersigned law enforcement agency transfers cash, property, or proceeds to other state or local law
enforcement agencies, it must verify first that the receiving agency has a current and valid Federal Equitable Sharing Agreement
on file with both the Department of Justice and the Department of the Treasury. If there is no agreement on file, the undersigned
law enforcement agency must obtain one from the receiving agency and forward it to the Department of Justice and the
Department of the Treasury as in item 1. A list of recipients and the amount transferred must be attached to the Federal Annual
Certification Report.
April 2005
Name (Print or Type) Michael J. Bo-uchardate e., E' cern; dere
411/4
5. Internal Controls. The parties agree 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 recipient 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 parties agree 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 Department ofJustice 's A Guide to Equitable
Sharing of Federally Fotfeited Property for State and Local Law Enforcement Agencies (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). The accounting of shared funds must be reported on the Annual Certification Report.
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 or property.
6. Federal Annual Certification Report. The recipient agency shall submit an Annual Certification Report to the Department
of Justice and the Department of the Treasury (at the addresses shown in item 1) and a copy to the U.S. Attorney in the district
in which the recipient agency is located. The certification must be submitted in accordance with the instructions received from
the respective departments or as outlined in the Justice or Treasury Guides. Receipt of the certification report is a prerequisite
to receiving any equitably shared cash, property, or proceeds.
7. 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 the Department of the Treasury reserve the right to conduct periodic random audits.
8a. During the past 3 years, has your agency been found in violation of, or entered into a settlement agreement
pursuant to, any nondiscrimination law in federal or state court, or before an administrative agency?
0 Yes 3 No (If you answered yes, attach relevant information. See instructions.)
8b. Are there pending in a federal or state court, or before any federal or state administrative agency, proceedings
against your agency alleging discrimination?
0 Yes 0 No (If you answered yes, attach relevant information. See instructions.)
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 et seq.), 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.
Under penalty of perjury, the undersigned officials certify that the recipient state or local law enforcement agency is in
compliance with the provisions of the Justice and/or Treasury Guides and the National Code of Professional Conduct for
Asset Forfeiture.
Sheriff
Name (Print or Type) B,i11 Bullard Jr. Date
Governing Body Head
Sienature:
Title: Chairperson. Board of C,ommissioners
This form is subject to the Freedom of Information Act and may be released under 5 U.S.C. § 552.
See www.usdoi.covicriminal/afmls.htrn1 or www.treas cov/offices/enforeementiteoaf for additional forms.
April 2005
Y APPROVE ifIE FOREG
Resolution #05112 June 16, 2005
Moved by Wilson supported by Coleman the resolutions on the Consent Agenda be adopted (with
accompanying reports being accepted).
AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII,
Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez,
Wilson, Woodward, Zack, Bullard. (25)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with
accompanying reports being accepted).
r•••••
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on June 16, 2005 with
the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 16th day of June, 2005.
R*u Johns4t, County Clerk