HomeMy WebLinkAbout20123631.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING BYLAWS FOR THE WELD COUNTY DRUG
TASK FORCE ASSET SEIZURE/FORFEITURE OVERSIGHT COMMITTEE AND
AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Weld County Drug Task Force was previously created by an
intergovernmental agreement between the County, the City of Greeley, and the City of Evans,
for the purpose of coordinating law enforcement efforts to combat drug crime, and
WHEREAS, pursuant to section IV.B. of the intergovernmental agreement and
Section 16-13-702, C.R.S., an Oversight Committee is required to supervise the distribution of
assets obtained by the Task Force through lawful forfeiture proceedings, and
WHEREAS, on November 14, 2012, the Board was presented with a set of bylaws
establishing the procedures by which the Oversight Committee conducts its affairs towards
compliance with the intergovernmental agreement and State statute, at which time they deemed
it advisable to continue the matter to December 19, 2012, and
WHEREAS, after review, on December 19, 2012, the Board deems it advisable to refer
said bylaws back to County Attorney staff.
NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that it hereby refers the matter of the bylaws of the Weld County Drug Task
Force back to County Attorney staff.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of December, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Date of signature:
2012-3631
SO0021
WELD COUNTY DRUG TASK FORCE
ASSET/SEIZURE FORFEITURE OVERSIGHT COMMITTEE BYLAWS
PREFACE:
In 1999 the Weld County Task Force (WCDTF) was created by intergovernmental agreement (IGA)
between the Greeley Police Department, the Evans Police Department, and the Weld County Sheriff's
Office. The WCDTF is administered by the Weld County Task Force Control Board (Control Board),
pursuant to section II.B. of the 1GA. An Asset/Seizure Forfeiture Oversight Committee(Committee)was
created pursuant to section N.B. of the IGA. The purpose of these Bylaws is to establish the operating
procedures of the Committee.
MEMBERSHIP:
1. The Committee shall consist of three(3)voting members,as representatives of contributing entities
to the WCDTF. Whenever the IGA is amended to include other law enforcement agencies as
contributing entities, these bylaws must be amended, and approved by all member agencies, to
include representation of those added agencies. Pursuant to C.R.S. §16-13-702 the membership of
the Committee shall include:
A. The Chair of the WCDTF Control Board
B. The Weld County District Attorney, or his or her designee
C. A representative selected from local government entities participating in
the Weld County Drug Task Force as defined in paragraph 2 of this section
2. The voting member from local government described in subparagraph 1(c) above will rotate
between a representative from Weld County,the City of Greeley and the City of Evans. The term
of appointment shall be for two years. A Chief of Police acting as the chair of the Weld County
Drug Task Force Control Board must be from a different local government entity than the voting
member from local government described in subparagraph 1(c)above.
3. The Committee shall elect from its own members a Chairperson and Vice-Chairperson. The
Committee is empowered to create and fill through election such additional offices, from its own
membership, as it deems advisable for the proper functioning of its activities.
4. Any action to dispose of seized items or funds, or the proceeds of such items, shall require a
majority vote of the Committee. Any other actions by the Committee shall require a majority vote
of the Committee.
DUTIES OF CHAIRPERSON:
It shall be the responsibility of the Chairperson to call all regular meetings, set the agenda for the
meetings, preside at all meetings, appoint subcommittees, when and as required, and carry out
general chairperson responsibilities. The Chairperson shall sign on behalf of the Committee all
contracts,agreements,and official correspondence approved by a majority of the Committee.
DUTIES OF THE VICE-CHAIRPERSON:
It shall be the responsibility of the Vice-Chairperson to assume the duties of the Chairperson during
the Chairperson's absence. The Vice-Chairperson shall perform other duties assigned by the
Chairperson.
2012-3631
MEETINGS:
1. The Committee shall meet as needed. The Chairperson shall call a meeting whenever it appears
that the Committee is needed to take actions as permitted or required by the section below,"Powers
of the Committee".
2. Special and/or Executive Session meetings may be called by the Chairperson or upon request of
three members of the Committee. Notice of special meetings is to be by personal telephone
confirmation or personally acknowledged by email or by mail, providing notice is given 24 hours
prior to the meeting date.
3. A quorum shall consist of a simple majority of the members of the Quorum. A quorum shall be
necessary to conduct business.
4. The Committee may determine what agencies and staff may participate in the meetings,as may be
necessary or helpful to the Committee in carrying out the Committee's duties.
POWERS OF THE COMMITTEE:
1. The Committee shall approve or disapprove of the retention and disposition of all items seized,and
the proceeds of such items, by the WCDTF under asset forfeiture statutes and court orders.
2. The Committee shall approve or disapprove of all contracts submitted to it by the Weld County
Drug Task Force Control Board.
3. The Committee may establish rules and procedures necessary for the administration of these
powers and duties.
4. In the event of the dissolution of the WCDTF, the Committee shall oversee the disposition of all
forfeiture assets, in conjunction with the WCDTF Control Board.
AUTHORITY:
1. In the event of a conflict,these bylaws are subservient to federal law, state law,and the IGA, in that
order.
2. Changes to these Bylaws can be made at any regularly scheduled or special meeting by agreement
of a majority of the entire Committee.
SEVERABILITY:
In the event that any article, provision, clause or other part of these Bylaws is held invalid or
unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not
affect the validity or enforceability with respect to other articles, provisions, clauses, applications
or occurrences,and these. Bylaws are expressly declared to be severable.
Chair, Wel County Task Force Control rd
Chair, Weld Coun oa of County Commissioners
DEC 1 9 2012
Weld Cou District Attorn
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