HomeMy WebLinkAbout20200289.tiffBOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: 2019 District Attorney Equitable Sharing Agreement and Certification
DEPARTMENT: . District Attorney DATE e 1/9/20,
PERSON REQUESTING: Michael Rourke, District Attorney
Brief description of the problem/issue:
The District Attorney's Office is required to file n annual Equitable Sharing Agreement and
Certification for Asset Forfeiture with the Department of Justice. The report requires three electronic
signatures. One from the person submitting the form(Terasina White), one from the agency head
(District Attorney Michael Rourke) and one from the governing body head. I would request
permission to have Terasina White electronically sign using Commissioner Chair Mike Freeman's
name and email address. A copy of the completed but not submitted electronic form is attached to
this pass around
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
If this is not submitted by the 2/29-20 deadline, the Weld County District Attorney's office will be out of
compliance with the Department of Justice and will be unable to receive funds in the future.
Recommendation:
Sean P. Conway
Mike Freeman, Chair
Scott K. James
Barbara Kirkmeyer
Steve Moreno, Pro -Teri
fl
° Q 1
I Y.
3
cCV'
resomigVerst %.1.\ crriActi‘.\ Neac.
cirsi\ 1
-41 Vie)
As.
rove
Schedule
Recommendation Work Session
eibp)
pait020
v RI
nici
C/
:a 11 tka J(v\
,
se
1'
�� -g �i�-,
Other/Comments:
cw"-pat rfriasec., tiedurewei a
2020-0289
A0Ogr7
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
I am fine with this.
Don Warden
Tuesday, January 14, 2020 3:58 PM
Cheryl Hoffman; Bruce Barker
Barbara Kirkmeyer; Karla Ford
RE: Pass -Around Review - 2019 DA Equitable Sharing Agreement and Certification
Donald D. Warden
Director of Finance and Administration
Finance and Administration
PO Box 758
1150 O Street
Greeley, CO 80632
tel: 970-356-4000 Extension 4218
email: warden@cc.;weid.co..us
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Cheryl Hoffman <choffman@weldgov.com>
Sent: Tuesday, January 14, 2020 2:28 PM
To: Don Warden <dwarden@weldgov.com>; Bruce Barker <bbarker@weldgov.com>
Cc; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Karla Ford <kford@weldgov.com>; Cheryl Hoffman
<choffma n @weldgov.com>
Subject: Pass -Around Review - 2019 DA Equitable Sharing Agreement and Certification
Good afternoon, Don and Bruce.
On the pass -around, you will see that Barb's question was if you had both reviewed this, Don and Bruce. Could you
provide comment, please?
Thanks so much!
Cheryl L. Hoffman
Deputy Clerk to the Board
1150 O Street/P.O. Box 758
OMB Number 1123-0011
Expires: December 31, 2021
Equitable Sharing Agreement and Certification
N CIC/ORI/Tracking Number: 0O062015A
Agency Name: Weld County District Attorney's Office
Mailing Address: 915 10th Street, P.O. Box 1167
Greeley, CO 80632
Agency Finance C ntact
N ame: White, Terasina
Phone: 970-400-4729
Jurisdiction Finance Contact
N ame: Connoly, Barbara
P hone: 970-400-4445
ESAC Preparer
N ame: White, Terasina
P hone: 970-400-4729
FY End Date: 12/31/2019
Summary of Equitable Sharing Activity
Email:twhite@co.weld.co.us
E =.aii:bconnolly@weldgov.com
Type: Prosecutor's Office
Email:twhite@co.weld.co.us
Agency FY 2020 Budget: $7,073,853.00
Annual Certification Report
Justice Funds
Treasury Funds
2
1
I Beginning Equitable
Sharing
Fund Balance
$0.00
$0.00
2
Equitable
Sharing
Funds
Received
$0.00
$0.00
3
Equitable
Agencies
Sharing
and
Task
Funds
Received
Force
from Other
Law
Enforcement
$0.00
$0.00
4
Other
Income
$0.00
$0.00
5
Interest
Income
$0.00
$0.00
6
Total
Equitable
Sharing
Funds
Received (total of lines 1-5)
$0.00
$0.00
7
Equitable
Sharing
Funds
Spent
(total of lines a - n )
$0.00
$0.00
8
Ending
(difference
Equitable
between
line
Sharing
7 and
line 6;
Funds Balance
$0.00
$0.00
1 Department of Justice Asset Forfeiture Program participants are: FBI, DEA, ATF, USPIS, USDA, DCIS, DSS, and FDA
2Department of the Treasury Asset Forfeiture Program participants are: IRS, ICE, CBP and USSS.
Summary of Shared Funds Spent
Justice Funds
Treasury Funds
a
Law
Enforcement
Operations
and
Investigations
$0.00
$0.00
b
Training
and
Education
$0.00
$0.00
c
Law
Enforcement,
Public
Safety,
and
Detention
Facilities
$0.00
$0.00
d
Law
Enforcement
Equipment
$0.00
$0.00
e
Joint
Law
Enforcement/Public
Safety
Equipment
and
Operations
$0.00
$0.00
f
Contracts
for Services
$0.00
$0.00
g
Law
Enforcement
Travel
and
Per
Diem
$0.00
$0.00
h
Law
Enforcement
Awards
and
Memorials
$0.00
$0.00
i
Drug, Gang,
and
Other
Education
or Awareness
Programs
$0.00
$0.00
j
Matching
Grants
$0.00
$0.00
k
Transfers to
Other
Participating
Law
Enforcement
Agencies
$0.00
$0.00
$0.00
Support
of
Community
-Based
Programs
m
Non
-Categorized
Expenditures
$0.00
$0.00
n
Salaries
$0.00
$0.00
Total
$0.00
$0.00
Date Printed: 01/22/2020
Page 1 of 5
Equitable Sharing Funds Received From Other Agencies
Transferring Agency Name
Justice Funds
Treasury Funds
Other Income
Other Income Type
Justice Funds
Treasury Funds
Matching Grants
Matching Grant Name
Justice Funds
Treasury Funds
Transfers to Other Participating Law Enforcement Agencies
Receiving Agency Name
Justice Funds
Treasury Funds
Support of Community -Based Programs
Recipient
Justice Funds
« w
rt
'
Non -Categorized Expenditures
Description
Justice Funds
Treasury Funds
Salaries
Salary Type
Justice Funds
Treasury Funds
Paperwork Reduction Act Notice
Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a
valid OMB control number. We try to create accurate and easily understood forms that impose the least possible burden on
you to complete. The estimated average time to complete this form is 30 minutes. If you have comments regarding the
accuracy of this estimate, or suggestions for making this form simpler, please write to the Asset Forfeiture and Money
Laundering Section at 1400 New York Avenue, N.W., Washington, DC 20005.
Privacy Act Notice
The Department of Justice is collecting this information for the purpose of reviewing your equitable sharing expenditures.
Providing this information is voluntary; however, the information is necessary for your agency to maintain Program compliance.
Information collected is covered by Department of Justice System of Records Notice, 71 Fed. Reg. 29170 (May 19, 2006),
JMD-022 Department of Justice Consolidated Asset Tracking System (CATS). This information may be disclosed to contractors
when necessary to accomplish an agency function, to law enforcement when there is a violation or potential violation of law, or in
accordance with other published routine uses. For a complete list of routine uses, see the System of Records Notice as
amended by subsequent publications.
Single Audit Information
Independent Auditor
Name: Alan Holmberg
Company: Anderson and Whitney PC
Phone: 9703527990 Email: alan@whitney.com
Date Printed: 01 /22/2020
Page 2 of 5
Were equitable sharing expenditures included on your jurisdiction's prior fiscal year's Schedule of Expenditures of
Federal Awards (SEFA)?
YES H NO n
Prior year Single Audit Number Assigned by Harvester Database:
Date Printed: 01/22/2020 Page 3 of 5
Affidavit
Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations under the
Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies (Guide) and all subsequent updates, this
Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations. The undersigned officials
certify that the information submitted on the Equitable Sharing Agreement and Certification form (ESAC) is an accurate
accounting of funds received and spent by the Agency.
The undersigned certify that the Agency is in compliance with the applicable 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. The Agency agrees that it will comply with all federal statutes and regulations
permitting federal investigators access to records and any other sources of information as may be necessary to determine
compliance with civil rights and other applicable statutes and regulations.
Equitable Sharing Agreement
This Federal Equitable Sharing Agreement, entered into among (1) the Federal Government, (2) the Agency, and (3) the
Agency's governing body, sets forth the requirements for participation in the federal Equitable Sharing Program and the
restrictions upon the use of federally forfeited funds, property, and any interest earned thereon, which are equitably shared
with participating law enforcement agencies. By submitting this form, the Agency agrees that it will be bound by the Guide and
all subsequent updates, this Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations.
Submission of the ESAC is a prerequisite to receiving any funds or property through the Equitable Sharing Program.
1. Submission. The ESAC must be signed and electronically submitted within 60 days of the end of the Agency's fiscal year.
Electronic submission constitutes submission to the Department of Justice and the Department of the Treasury.
2. Signatories. The ESAC must be signed by the head of the Agency and the head of the governing body. Examples of
Agency heads include police chief, sheriff, director, commissioner, superintendent, administrator, county attorney, district
attorney, prosecuting attorney, state attorney, commonwealth attorney, and attorney general. The governing body head is the
head of the agency that appropriates funding to the Agency. Examples of governing body heads include city manager, mayor,
city council chairperson, county executive, county council chairperson, administrator, commissioner, and governor. The
governing body head cannot be an official or employee of the Agency and must be from a separate entity.
3. Uses. Shared assets must be used for law enforcement purposes in accordance with the Guide and all subsequent
updates, this Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations.
4. Transfers. Before the Agency transfers funds to other state or local law enforcement agencies, it must obtain written
approval from the Department of Justice or Department of the Treasury. Transfers of tangible property are not permitted.
Agencies that transfer or receive equitable sharing funds must perform sub -recipient monitoring in accordance with the Code
of Federal Regulations.
5. Internal Controls. The Agency agrees 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, joint law enforcement
operations funds, and any other sources must not be commingled with federal equitable sharing funds.
The Agency certifies that equitable sharing funds are maintained by the entity that maintains the Agency's appropriated or
general funds and agrees that the funds will be subject to the standard accounting requirements and practices employed by
the Agency's jurisdiction in accordance with the requirements set forth in the Guide, any subsequent updates, and the Code
of Federal Regulations, including the requirement to maintain relevant documents and records for five years.
The misuse or misapplication of equitably shared funds or assets or supplantation of existing resources with shared funds or
assets is prohibited. The Agency must follow its jurisdiction's procurement policies when expending equitably shared funds.
Failure to comply with any provision of the Guide, any subsequent updates, and the Code of Federal Regulations may subject
the Agency to sanctions.
6. Single Audit Report and Other Reviews. Audits shall be conducted as provided by the Single Audit Act Amendments of
1996 and OMB Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal Awards. The
Agency must report its equitable sharing expenditures on the Schedule of Expenditures of Federal Awards (SEFA) under
Catalog of Federal Domestic Assistance number 16.922 for Department of Justice and 21.016 for Department of the
Treasury. The Department of Justice and the Department of the Treasury reserve the right to conduct audits or reviews.
Date Printed: 01/22/2020 Page 4 of 5
7. Freedom of Information Act (FOIA). Information provided in this Document is subject to the FOIA requirements of the
Department of Justice and the Department of the Treasury. Agencies must follow local release of information policies.
8. Waste, Fraud, or Abuse. An Agency or governing body is required to immediately notify the Money Laundering and Asset
Recovery Section of the Department of Justice and the Executive Office for Asset Forfeiture of the Department of the
Treasury of any allegations or theft, fraud, waste, or abuse involving federal equitable sharing funds.
Civil Rights Cases
During the past fiscal year: (1) has any court or administrative agency issued any finding,
judgment, or determination that the Agency discriminated against any person or group in
violation of any of the federal civil rights statutes listed above; or (2) has the Agency entered
into any settlement agreement with respect to any complaint filed with a court or administrative
agency alleging that the Agency discriminated against any person or group in violation of any of
the federal civil rights statutes listed above?
Yes No
Agency Head
Name: Rourke, Michael J.
Title: Weld County District Attorney
Email: mrourke@co.weld.co.us
Signature: Submitted Electronically
Date: 01/09/2020
To the best of my knowledge and belief, the information provided on this ESAC is true and accurate and has been reviewed and authorized by the Law
Enforcement Agency Head whose name appears above. Entry of the Agency Head name above indicates his/her agreement to abide by the Guide, any
subsequent updates, and the Code of Federal Regulations, including ensuring permissibility of expenditures and following all required procurement policies
and procedures.
Governing Body Head
Name: Freeman, Mike
Title: Chair, Weld County Board of County Commissioners
Email: mfreeman@weldgov.com
Signature:
Mike Freeman, BOCC Chair
Signature: Submitted Electronically
Date: J
222020
To the best of my knowledge and belief, the Agency's current fiscal year budget reported on this ESAC is true and accurate and the Governing Body Head
whose name appears above certifies that the agency's budget has not been supplanted as a result of receiving equitable sharing funds. Entry of the
Governing Body Head name above indicates his/her agreement to abide by the policies and procedures set forth in the Guide, any subsequent updates, and
the Code of Federal Regulations.
I certify that I have obtained approval from and I am authorized to submit this form on behalf of the Agency Head and the
Governing Body Head.
Date Printed: 01424/2020
02610?e, OR n
Page 5 of 5
EQUITABLE SHARING AGREEMENT AND CERTIFICATION
APPR
Elected Official or/Department Head
ED AS TO SUBSTANCE
APPROVED AS TO FUNDING:
7i 4
�'.
/�I'J` t/
iiiiw�r�'l��f
Controller
1
r�
APPROVED AS TO FORM:
County Attorney
-.t.
Hello