The URL can be used to link to this page

Browse Search

Home My WebLink About960362.tiff- .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT ESTABLISHING WELD COUNTY TASK FORCE BETWEEN CITY OF GREELEY POLICE DEPARTMENT AND WELD COUNTY SHERIFF'S DEPARTMENT 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 Board has been presented with an Intergovernmental Agreement Establishing the Weld County Task Force between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Sheriffs Department, and the City of Greeley Police Department, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Intergovernmental Agreement Establishing the Weld County Task Force between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Sheriffs Department, and the City of Greeley Police Department be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of March, A.D., 1996. BOARD OF COUNTY COMMISSIONERS ilde,Mideush ce: WF�b.D COUNTY, COLO O � Barbara J. Kirkme eC, hair ism (cs'` f. 'gyp ty Clerk to the Board /16 On) 1 I ) - I �^ n n d. Baxter Pro- e lv r`, putt'Clem. the Board •<._)r Dale K. Hall OVE AS TO FOR : `,Q xc e� C) Constance L. Harbert / ) my Attorney / l'/ E1 tit'y9� / W. F. Webst r 960362 2 &laity, St 5 C/-} SO0014 r INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE WELD COUNTY TASK FORCE THIS AGREEMENT is made by and between the City of Greeley Police Department and the Weld County Sheriff's Department for establishment of the Weld County Task Force. I. Establishment of Weld County Task Force. There is hereby established the Weld County Task Force (WCTF), consisting of integration of operations of the Weld County Drug Task Force and the Greeley Police Department Narcotics Unit. II. Staffing. A. The WCTF shall currently be staffed with one Greeley Police Department Lieutenant, three Greeley Police Department Narcotics Investigators, one Greeley Police Department Narcotics Sergeant, one Greeley Police Department Intelligence-Liquor Enforcement Investigator, three Weld County Deputy Sheriffs, and one Weld County Deputy District Attorney. B. The size and staffing of the WCTF may be increased or decreased from time to time based upon increased or decreased needs of Weld County, Colorado for the same, and after meeting and agreement by and between the City of Greeley Police Department, the Weld County Sheriff's Office, and the Weld County Task Force Control Board. III. Operations. A. WCTF shall operate county-wide in all unincorporated and incorporated areas within the County of Weld, including the City of Greeley, Colorado. B. WCTF operations shall allocate authorized resources based on formal needs assessments, including criminal intelligence gathered through routine operations and community input to the WCTF. C. Field direction and supervision of operations of WCTF is assigned to a Greeley Police Department Lieutenant, as the Project Director, who is subject to Greeley Police Department chain of command. D. The WCTF will operate under the policies and operating procedures of the Greeley Police Department only. E. WCTF Investigators will prepare all reports in Greeley Police Department format, using the Greeley Police Department automated dictation reporting system. 960362 F. All vehicles, equipment, and covert resources, previously allocated to the Greeley Police Department Narcotics Unit will continue to be operationally administered in common with other vehicles, equipment and covert resources allocated to Weld County Task Force by participating agencies or grant funding. G. WCTF members report to a Greeley Police Lieutenant, and are responsible to him or her under the policy direction of the WCTF Control Board. However, initial, assignment of employees to the WCTF is at the sole discretion of the respective department heads. H. Employees assigned to the WCTF will be evaluated by WCTF Sergeants and/or the Greeley Lieutenant while in their WCTF assignment, with the evaluations forwarded to the employees' department head. IV. Seizures of Property and Evidence. A. All WCTF members will book all seized property and evidence into Greeley Police Department custody, using Greeley Police Department forms and format. B. All items seized and retained under asset forfeiture statutes and court orders will be administered by the WCTF under the direction and approval of a Committee, consisting of the District Attorney of the 19th Judicial District, or a designee thereof; the Chairman of the WCTF, or a designee thereof; and one representative selected from the local government entities participating in the Weld County Task Force, in accordance with Section 16-13-702(3), C.R.S., with the Greeley Police Department reporting and audit guidelines used to record and review all transactions. C. All asset forfeiture funds or property accumulated by the WCTF will remain under the authority of the WCTF Control Board for disbursement in accordance with grant provisions and state statutes, specifically Section 16-13-702, C.R.S. In accordance with that statutory section and with Weld County Resolution dated January 20, 1993 (a copy of which is attached hereto as Exhibit A and incorporated herein by reference), no disposition of said asset forfeiture funds or property may take place or occur without final approval of the Committee. V. Grant Administration. A. Grant Administration is assigned to a Greeley Police Lieutenant designated as the Project Director. The WCTF will transfer grant funds to the Weld County Sheriffs Department to fully reimburse the base salary and benefit costs of two Weld County Sheriffs Department Investigators, and to the City of Greeley for one Police Sergeant position for the life of the grant. B. Disbursement of all assets, forfeiture funds, or property accumulated by the WCTF, shall be disbursed in accordance with any and all grant provisions and/or grant funding of the WCTF. 2 960362 VI. Employment Status. A. Regardless of field supervision or direction of operations for members assigned to the WCTF, all salaries, benefits, and overtime of the employees assigned to WCTF shall continue to be the responsibility of their respective employing agencies, and not the WCTF. B. No employee assigned to the WCTF shall lose seniority, benefits, opportunities for promotion or assignment change in their respective departments solely because of their assignment to the WCTF. C. The Department Heads of the Weld County Sheriff's Department, Weld County District Attorney's Office, and the Greeley Police Department retain sole authority to impose discipline on their respective employees assigned to the WCTF. The Department Heads may, as needed, schedule any of their employees for training authorized by the department, taking into consideration the employee's needs, the department's needs, and the WCTF needs. VII. Liability. A. Legal liability and any litigation arising from or out of the conduct or performance of employees assigned to the WCTF shall be the responsibility of that employee's respective agency; however, any employee acting under the specific orders of a superior officer of the WCTF from another agency, may create a shared liability with that agency, all in accordance and pursuant to applicable law. B. An annual summary report shall be presented to the WCTF Control Board at their November meeting each year, providing an overview of the WCTF activities for the previous twelve months, including totals for cases initiated, arrests made, contraband seized, status of the asset forfeiture account, assets seized pending forfeiture orders, equipment and vehicles assigned to the WCTF, covert funds account status, community needs assessments completed, and training and community presentations provided by the WCTF. Unless investigations and/or operations would be compromised, all disclosures of the annual report are public record. VIII. Termination. A. The consolidation of the City of Greeley and Weld County units into WCTF may be terminated at any time by either the Weld County Sheriff's Department, or by the Greeley Police Department, upon written notice to the other party and the WCTF Control Board, and following a meeting discussing the reasons for termination. No mutual agreement to terminate is needed, and each party may in and of itself terminate the Weld County Task Force upon its own initiative in writing. B. When funds are not appropriated by either the City of Greeley Police Department or the Weld County Sheriffs Office, or funds are otherwise unavailable to support continuation of performance and operations of the WCTF, this agreement shall be immediately terminated. 3 960362 A X. Term. A. This intergovernmental agreement shall remain in full force and effect for a period of twelve months, subject to automatic renewal upon like terms and conditions, with any and all amendments and modifications to the agreement. All amendments and modifications to this agreement shall be made in writing and are effective only with the written consent of all parties. B. On termination of the WCTF, the employees assigned to the WCTF shall return to their respective departments for reassignment. All equipment and materials provided by participating departments will remain under the ownership of that department. Covert resources will be refunded to the Weld County Sheriff's Department and the Greeley Police Department Narcotics Unit on a pro rata basis computed on a percentage of the funds originally contributed to the WCTF. Asset forfeiture funds will be dispersed consistent with grant provisions, State Statutes, and provisions of existing intergovernmental agreements. DATED this /1-' day of 9hthf , 1996. CITY OF GREELEY, COLORADO G Y POLICE DEPARTMENT WELD COUNTY SHERIFF'S DEPT. L- ul Branham Ed Jordan, Acting Chief of Police Weld County Sheriff CITY OF GREELEY, COLORADO COUNTY OF WELD, COLORADO LaVern Nelson, Mayor � , {�: r;jl� Kirkm yer, C .' 03/r/9b City of Greeley o eld County Commissioners 1851 t'S.v ATTEST: . ;Li Nag? Betsy H er, ClJ k to the : ,4 ' of Greeley ty C erk Weld County Commissioners APPROVED AS TO AVAILABILITY OF FUNDS: Director of Fi ce City of Greeley, Colorado 4 APPROVED AS TO LEGAL FORM: City Attornei City of Greeley AP COVED AS TQ AVAILABILITY OF FUNDS: it tor of Fin ce, City of Greeley, Colorado • 960362 4 WELD COUNTY ATTORNEY'S OFFICE PHONE: (970) 356-4000, EXT. 4391 FAX: (970) 352-0242 915 TENTH STREET WI I D P.O O 1948 063 GRIiELT{Y, COLORADO 80632 March 5, 1996 COLORADO Rick Brady, City Attorney City of Greeley 1000 10th Street Greeley CO 80631 RE: Intergovernmental Agreement Establishing the Weld County Task Force Dear Rick, Thank you for your letter dated February 26, 1996, and the modified Intergovernmental Agreement Establishing the Weld County Task Force. The only suggested changes I hace are the following: A. Section IV. B.: I believe that the makeup.of the forfeiture disposition committee should be referred to as it is stated in the Board of County Commissioners resolution dated January 20, 1993. The problem with naming the current members is that they probably will change. 1 suggest that we state the following: "All items seized and retained under asset forfeiture statutes and court orders will be administered by the WCTF under the direction and approval of a committee. consisting of the District Attorney of the 19th Judicial District,or a designee thereof; the chairman of the WCTF, or a designee thereof; and one representative selected from the local government entities participating in the Weld County fask Force, in accordance with Section 16-13-702(3), C.R.S., with Greeley Police Department reporting and audit guidelines used to record and review all transactions. B. Our Chairman for the Board of County Commissioners has changed Ru 1996. Barbara J. Kirkmeyer is referred to as "Chair " for the Board. I respectfully request that her name be substituted for Dale Hall's name to sign as Chair of the Board. 960,'362 Rick Brady, City Attorney March 5, 1996 Page 2. I appreciate your efforts to make those changes which I suggested in my February 12, 1996, letter. I believe that the changes which are set forth in this letter should enable us to finalize the Agreement. If you have any questions or comments regarding what I have stated in this letter, please feel free to call me at (970) 356-4000, extension 4390. Sincerely, • Bruce l Barker Weld fountv Attorney BTB:Imilet/igatask pc: Kim Fliethman 960,162 L OFFICE OF CITY ATTORNEY City of 1000 10TH STREET, GREELEY. COLORADO 80631 (303) 350 9757\ Greeley March 6 , 1996 0 � CEI�ViM MAR 0 7 1996 I f5 -1 Bruce Barker WELD COUNTY Weld County Attorney A77 EY'S OFT-CE 915 Tenth Street P.O. Box 1948 Greeley, CO 80632 RE: INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE WELD COUNTY TASK FORCE Dear Bruce: Please find enclosed the revised Intergovernmental Agreement Establishing the Weld County Task Force for your review. We have made the changes you suggested in your letter of March 5, 1996. If you have any additional corrections, please feel free to contact our office. Very truly yours, OFFICE OF THE CITY ATTORNEY Lau; M. Neece, PLS7 Legal Secretary Encl. 960362 TO: Kim Fliethman • FROM: Bruce T. Barker, County Attorney DATE August 22, 1995 COLORADO• RE: Clarification of Proposed Intergovernmental Agreement establishing the Weld County Task Force I have reviewed the proposed Intergovernmental Agreement establishing the Weld County Task Force which has been approved by the Greeley Police Department and by the Greeley City Council. These entities now desire to obtain the approval of Ed Jordan and the Board of County Commissioners. The only concern I have about the proposed Intergovernmental Agreement is found in Section IV regarding the seizure of properties and evidence ("forfeited property"). Subsection B of that section states that "all items seized and retained under asset forfeiture statutes and court orders will be administered by the WCTF under the direction and approval of the WCTF Control Board...." Subsection C states that "all asset forfeiture funds or property accumulated by the WCTF will remain under the authority of the WCTF Control Board for disbursement in accordance with grant provisions state statutes." (emphasis added) I believe that it is the intention of the authors of the proposed Intergovernmental Agreement and of the WCTF Control Board to have all final decisions regarding the disposition of forfeited property be made by the committee which is authorized to do so pursuant to Section 16-13-702 (3), C.R.S. At this time, the committee consists of Micheal Guthrie, Chief of Police for Evans; Al Dominguez, District Attorney; and Dallas Greenfield, Mayor, City of Evans. A copy of Section 16-13-702 (3) is attached. A Resolution establishing the committee was approved by the Board of County Commissioners in 1993. A copy of the Resolution is attached. In my opinion, no disposition may take place until the committee has approved the same. I do not see where this procedure is stated with specificity in Subsections B and C. Therefore, I believe that clarification is necessary to make certain that all parties to the proposed Intergovernmental Agreement understand and agree that the final decision regarding disposition of forfeited property is to be made by the committee as definded in Section 16-13-702 (3), C.R.S. and in the Board of County Commissioners' Resolution. I request that each of the entities signing the proposed Intergovernmental Agreement also sign or initial this Memorandum to clarify that the committee is to make the final decisions regarding the disposition of forfeited property held by the Weld County Task Force. Please route this Memorandum to the City of Greeley and the Greeley Police Department for approval. If you should have any questions regarding this Memora m• , please feel free to a Ext. 4390. . Barker ounty Attorney m:wpfi les\memo\wctp.wi 360162 TO: Board of County Commissioners FROM: Bruce T. Barker, County Attorney "'lige DATE: February 2, 1996 COLORADO RE: Intergovernmental Agreement Establishing the Weld County Task Force Attached is a copy of a proposed Intergovernmental Agreement Establishing the Weld County Task Force. This Intergovernmental Agreement was sent to the Weld County Sheriffs Office in early August, 1995. Ed Jordan signed it. Kim Fliethman then asked for me to review to determine the need for any changes. I produced a Memorandum, a copy of which is attached, stating that certain Subsections of the Agreement needed to be clarified by the parties. My Memorandum was sent by Kim to the Greeley Police Department on or about August 22, 1995.. Last week Greeley called Kim to ask if the Intergovernmental Agreement had been approved and signed by the requisite persons on behalf of Weld County. Kim asked the PD personnel if the Memorandum had been signed or initialed by Chief Ron Wood or Acting Chief Paul Branham. The Greeley staff did not know the status of the Memorandum, but would check. We have not heard back from them since then. It seems my Memorandum has become the"fly in the ointment" in this whole process. I believe it raises valid concerns; however, it was not intended to bog down the smooth flow of intergovernmental relations. I suggest that as long as the Board of County Commissioners has no other concerns regarding the Intergovernmental Agreement, that it approve the same and authorize the Chair's signature, with the condition that such approval is subject to the interpretation that Subsections IV.B. and IV.C. do not alter the parties' understanding that the single committee for the disposition of forfeited property for the County's joint drug enforcement task force consists of the three positions listed in the Board of County Commissioners' Resolution dated January 20, 199 .• CT A—1 L.. ruse T. Barker Weld row Attorney Attachment pc Don Warden Kim Fliethman 360362 INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE WELD COUNTY TASK FORCE This Agreement is made by and between the City of Greeley Police Department and the Weld County Sheriff' s Department for establishment of the Weld County Task Force . I . Establishment of Weld County Task Force . There is hereby established the Weld County Task Force (WCTF) , consisting of integration of operations of the Weld County Drug Task Force and the Greeley Police Department Narcotics Unit . II . Staffing. A. The WCTF shall currently be staffed with one Greeley Police Department Lieutenant, three Greeley Police Department Narcotics Investigators, one Greeley Police Department Narcotics Sergeant, one Greeley Police Department Intelligence-Liquor Enforcement Investigator, three Weld County Deputy Sheriffs, and one Weld County Deputy District Attorney. B. The size and staffing of the WCTF may be increased or decreased from time to time based upon increased or decreased needs of Weld County, Colorado for the same, and after meeting and agreement by and between the City of Greeley Police Department, the Weld County Sheriff' s Office, and the Weld County Task Force Control Board. III . Operations . A. WCTF shall operate county-wide in all unincorporated and incorporated areas within the County of Weld, including the City of Greeley, Colorado. B . WCTF operations shall allocate authorized resources based on formal needs assessments, including criminal intelligence gathered through routine operations and community input to the WCTF. C. Field direction and supervision of operations of WCTF is assigned to a Greeley Police Department Lieutenant, as the Project Director, who is subject to Greeley Police Department chain of command. D. The WCTF will operate under the policies and operating procedures of the Greeley Police Department only. E . WCTF Investigators will prepare all reports in Greeley Police Department format, using the Greeley Police Department automated dictation reporting system. 1 960362 F. All vehicles, equipment, and covert resources, previously allocated to the Greeley Police Department Narcotics Unit will continue to be operationally administered in common with other vehicles, equipment and covert resources allocated to Weld County Task Force by participating agencies or grant funding. G. WCTF members report to a Greeley Police Lieutenant, and are responsible to him or her under the policy direction of the WCTF Control Board. However, initial assignment of employees to the WCTF is at the sole discretion of the respective department heads . H. Employees assigned to the WCTF will be evaluated by WCTF Sergeants and/or the Greeley Lieutenant while in their WCTF assignment, with the evaluations forwarded to the employees' department head. IV. Seizures of Property and Evidence. A. All WCTF members will book all seized property and evidence into Greeley Police Department custody, using Greeley Police Department forms and format . B. All items seized and retained under asset forfeiture statutes and court orders will be administered by the WCTF under the direction and approval of the WCTF Control Board, with Greeley Police Department reporting and audit guidelines used to record and review all transactions . C. All asset forfeiture funds or property accumulated by the WCTF will remain under the authority of the WCTF Control Board for disbursement in accordance with grant provisions and State statutes . V. Grant Administration. A. Grant Administration is assigned to a Greeley Police Lieutenant designated as the Project Director. The WCTF will transfer grant funds to the Weld County Sheriff' s Department to fully reimburse the base salary and benefit costs of two Weld County Sheriff' s Department Investigators, and to the City of Greeley for one Police Sergeant position for the life of the grant . B. Disbursement of all assets, forfeiture funds, or property accumulated by the WCTF, shall be disbursed in accordance with any and all grant provisions and/or grant funding of the WCTF. VI . Employment Status . A. Regardless of field supervision or direction of operations for members assigned to the WCTF, all salaries, benefits, and overtime of the employees assigned to WCTF shall continue to be the responsibility of their respective employing agencies, and not the 2 960362 WCTF. B. No employee assigned to the WCTF shall lose seniority, benefits, opportunities for promotion or assignment change in their respective departments solely because of their assignment to the WCTF. C. The Department Heads of the Weld County Sheriff' s Department, Weld County District Attorney' s Office, and the Greeley Police Department retain sole authority to impose discipline on their respective employees assigned to the WCTF. The Department Heads may, as needed, schedule any of their employees for training authorized by the department, taking into consideration the employee' s needs, the department' s needs, and the WCTF needs . VII . Liability. A. Legal liability and any litigation arising from or out of the conduct or performance of employees assigned to the WCTF shall be the responsibility of that employee' s respective agency; however, any employee acting under the specific orders of a superior officer of the WCTF from another agency, may create shared liability with that agency, all in accordance and pursuant to applicable law. VIII . Reporting. A. Monthly progress status reports shall be presented to the WCTF Control Board at their regular meeting by the Greeley Police Lieutenant . Copies of these reports will be provided to the police agency head of each participating agency. These progress status reports will not provide specific investigative status information, however, these reports are deemed to be privileged material and subject to non-disclosure as provided by law. B . An annual summary report shall be presented to the WCTF Control Board at their November meeting each year, providing an overview of the WCTF activities for the previous twelve months, including totals for cases initiated, arrests made, contraband seized, status of the asset forfeiture account, assets seized pending forfeiture orders, equipment and vehicles assigned to the WCTF, covert funds account status, community needs assessments completed, and training and community presentations provided by the WCTF. Unless investigations and/or operations would be compromised, all disclosures of the annual report are public record. 3 360.'3£2 IX. Termination. A. The consolidation of the City of Greeley and Weld County units into WCTF may be terminated at any time by either the Weld County Sheriff' s department, or by the Greeley Police Department, upon written notice to the other party and the WCTF Control Board, and following a meeting discussing the reasons for termination. No mutual agreement to terminate is needed, and each party may in and of itself terminate the Weld County Task Force upon its own initiative in writing. B . When funds are not appropriated by either the City of Greeley Police Department or the Weld County Sheriff' s Office, or funds are otherwise unavailable to support continuation of performance and operations of the WCTF, this agreement shall be immediately terminated. X. Term. A. This intergovernmental agreement shall remain in full force and effect for a period of twelve months, subject to automatic renewal upon like terms and conditions, with any and all amendments and modifications to the agreement . All amendments and modifications to this agreement shall be made in writing and are effective only with the written consent of all parties . B. On termination of the WCTF, the employees assigned to the WCTF shall return to their respective departments for reassignment . All equipment and materials provided by participating departments will remain under the ownership of that department . Covert resources will be refunded to the Weld County Sheriff' s Department and the Greeley Police Department Narcotics Unit on a pro rata basis computed on a percentage of the funds originally contributed to the WCTF. Asset forfeiture funds will be dispersed consistent with grant provisions, State Statutes, and provisions of existing intergovernmental agreements . DATED THIS ZS` day of 1995. CITY OF GREELEY, COLORADO GREELEY POLICE DEPARTMENT WELD COUNTY SHERIFF' S DEPT. Ronald T. Wood, Ed Jd171 , Chief of Police Wel / County Sheriff 4 3603£2 CITY OF GREELEY, COLORADO COUNTY OF WELD USL �l 1/7,2,t1"/Lc-v/1_ William J. Morton, Ma r Barbara J. Kirkme/er, Chalk 02/05/96 City of Greeley Board of W _County Commissi ers ATTEST: ATTEST / / ✓�.ta; A, Be sy r, Clerk t Nthe oard,p Gree City Clerk Weld Count-y Commi' loners APPRO AS T EGAL FORM: City t ney, City f eeley, Colorado APPROVED AS TO AVAILABILITY OF FUNDS : Director of F . ce, City of Greel , Colorado 5 9603f2 Mfitttrig EMORANDUM TO: Kim Fliethman September 20, 1996 "ilk FROM: Kim Schuett, Deputy Clerk to the Board COLORADO SUBJECT: Originals for scanning Please check your files for original signature pages for the following contracts and resolutions so I can scan the documents and close out our files. Thank you for your assistance. If you need any additional information, other than what I have sent, please call me at Ext. 4226. Resolution Number Weld County Task Force 960362 /_- / / ©L I �F �JEP/eit C--L) 7C /A3/ />-T -�i5 Lf�-.PEGS! 1T , njE 7-7/We: o . � � / l Q 4-i t E (2O-, ,u 7 i 67 L T - %Fd rola C.G-A,2/Gi c' n c tit kbo p'!/-1�� S/�t ��u=�� TIDnd( S. L i /14-s Ai°7- ea-ale:- 84 K- Ad i-teE b1 4 t/rTH G 4�fz Lf} .iv of e oU , 77/ ,v2s RE C o nn m F,v iq na-71 ,I- 1 re)?Po AP-) 7f/-7 LE E,e t o PDD Tf vf-r 77$1 T s/c{ rok E. L �v CU>v7-ict- L i eRPT. //E,A.i bdn, SEA hl,2T 771e A,00l ,e s P • cT 11 ea Ct TO: Kim Fliethman FROM: Bruce T. Barker, County Attorney Willie DATE August 22, 1995 COLORADO RE: Clarification of Proposed Intergovernmental Agreement establishing the Weld County Task Force I have reviewed the proposed Intergovernmental Agreement establishing the Weld County Task Force which has been approved by the Greeley Police Department and by the Greeley City Council. These entities now desire to obtain the approval of Ed Jordan and the Board of County Commissioners. The only concern I have about the proposed Intergovernmental Agreement is found in Section IV regarding the seizure of properties and evidence ("forfeited property"). Subsection B of that section states that "all items seized and retained under asset forfeiture statutes and court orders will be administered by the WCTF under the direction and approval of the WCTF Control Board...." Subsection C states that "all asset forfeiture funds or property accumulated by the WCTF will remain under the authority of the WCTF Control Board for disbursement in accordance with grant provisions state statutes." (emphasis added) I believe that it is the intention of the authors of the proposed Intergovernmental Agreement and of the WCTF Control Board to have all final decisions regarding the disposition of forfeited property be made by the committee which is authorized to do so pursuant to Section 16-13-702 (3), C.R.S. At this time, the committee consists of Micheal Guthrie, Chief of Police for Evans; Al Dominguez, District Attorney; and Dallas Greenfield, Mayor, City of Evans. A copy of Section 16-13-702 (3) is attached. A Resolution establishing the committee was approved by the Board of County Commissioners in 1993. A copy of the Resolution is attached. In my opinion, no disposition may take place until the committee has approved the same. I do not see where this procedure is stated with specificity in Subsections B and C. Therefore, I believe that clarification is necessary to make certain that all parties to the proposed Intergovernmental Agreement understand and agree that the final decision regarding disposition of forfeited property is to be made by the committee as definded in Section 16-13-702 (3), C.R.S. and in the Board of County Commissioners' Resolution. I request that each of the entities signing the proposed Intergovernmental Agreement also sign or initial this Memorandum to clarify that the committee is to make the final decisions regarding the disposition of forfeited property held by the Weld County Task Force. Please route this Memorandum to the City of Greeley and the Greeley Police Department for approval. If you should have any questions regarding this Memora , please feel free to a Ext. 4390. /S$t Barker ounty Attorney m wpfiles\memo\wetp.wi �rnnrn Hello