HomeMy WebLinkAbout20170547.tiffBOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/ WORK SESSION REQUEST
RE: Authorization to submit 2016 Annual Equitable Shares Certification through eShare electronic portal.
DEPARTMENT: Sheriffs Office DATE: 02/10/2017
PERSON REQUESTING: Jennifer Oftelie, Budget Manager
Brief description of the problem/issue:
•
Each year, agencies that receive any Federal Seizure dollars are required to file an Equitable Shares Annual
Certification (ESAC) report to track funds and ensure they are spent according to the federal guidelines. This
report is due on February 28th, 2017 and must be submitted to the U.S. Department of Justice and the Colorado
Department of Local Affairs. Per federal guidelines, the funds received must be spent for law enforcement
purposes only. For reference, the Weld County Drug Task Force distributed to the Sheriff's Office $57,855 in
2015 and $76,198 in 2016. The attachment is the electronic version of the ESAC, and upon approval from the
Board it will be submitted electronically. While the form does not require a breakdown of expenditures, the
$46,166.42 amount for 2016 is made up of $25,093.17 in uniforms in excess of the general fund budgeted
amount, a $12,149 purchase of a fingerprint scanner for concealed weapons permit applicants, the purchase of a
non -marijuana imprinted K-9 for $7,500 and associated K-9 supplies totaling $1,424.25.
The U.S. Department of Justice changed the reporting method in 2016 and the ESAC does not require a
physical signature to submit, just authorization from the Agency Head (Sheriff Reams) and the Governing Body
Head, which would be Commissioner Cozad. Director Don Warden, Controller Barb Connolly and Attorney
Frank Haug have reviewed the attached report as well. We are asking for authorization to submit the annual
certification as required by the deadline of February 28, 2017.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
Authorize the submission of the required annual certification report, maintaining compliance with federal
regulations.
Deny authorization to file, which could lead to repayment of expenditures and loss of future revenues.
Schedule a work session to further discuss the annual certification report.
Recommendation:
Authorize submission of annual certification report.
Sean P. Conway
Julie A. Cozad, Chair
Mike Freeman
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
Approve Schedule
Recommendation Work Session
Cteti
PAP
Other/Comments:
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Cee— 4724.17
2017-0547
OMB Number 1123-0011
Expires November 30.2018
Equitable Sharing Agreement and Certification
NCIC/ORI/Tracking Number: CO0620000
Agency Name: Weld County Sheriffs Office
Mailing Address: 1950 O Street
Greeley CO 80631
Finance Contact
Name: Connolly, Barb
Phone: 970-400-4445
ESAC Preparer
Name: Oftelie, Jennifer
Phone: 970-400-2872
FY End Date: 12/31/2016
Email:bconnolly@co.weld.co.us
Type: Sheriffs Office
Email:joftelie@co.weld.co.us
Agency FY 2017 Budget: $40,559,727.00
Annual Certification Report
Summary of Equitable Sharing Activity
Justice Funds
2
Treasury Funds
1
Begining Equitable Sharing Fund Balance
(Must match Ending Balance from prior FY)
$0.00
$57,855.00
2
Equitable Sharing Funds Received
$0.00
$0.00
3
Equitable Sharing Funds Received from Other Law
Enforcement Agencies and Task Force (Complete Table B)
$0.00
$76,198.00
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
$134,053.00
7
Equitable Sharing Funds Spent (total of lines a - n below)
$0.00
$46,166.42
8
Ending Equitable Sharing Funds Balance
(difference between line 7 and line 6)
$0.00
$87,886.58
1Department of Justice Asset Forfeiture Program participants are: FBI, DEA, ATF, USPIS, USDA, DCSIS, 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
$46,166.42
e
Joint law enforcement/public safety operations
$0.00
$0.00
f
Contracting 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 (Complete Table C)
$0.00
$0.00
k
Transfers to other participating law enforcement
agencies (Complete Table D)
$0.00
$0.00
I
Support of community -based programs (Complete Table E)
$0.00
m
Non -categorized expenditures (Complete Table F)
$0.00
$0.00
n
Salaries (Complete Table G)
$0.00
$0.00
Total
$0.00
$46,166.42
Date Printed: 02/09/2017
Page 1 of 4
February 2016
Version 3.2
Table B: Equitable Sharing Funds Received From Other Agencies
Transferring Agency Name
Justice Funds
Treasury Funds
Weld County Drug Task Force - CO0620203
$76,198.00
Table C: Matching Grants
Matching Grant Name
Justice Funds
Treasury Funds
Table D: Transfers to Other Participating Law Enforcement Agencies
Receiving Agency Name
Justice Funds
Treasury Funds
Table E: Support of Community -based Programs
Recipient
Justice Funds
Table F: Non -categorized expenditures in (a) - (n) Above
Description
Justice Funds
Treasury Funds
Table G: Salaries
Salary Type
Justice Funds
Treasury Funds
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write to the Asset Forfeiture and
Did your agency purchase any controlled equipment? ❑ YES NO
Date Printed:02/09/2017
Page 2 of 4
February 2016
Version 3.2
Affidavit
Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations under the
Equitable Sharing Agreement and that the information submitted in conjunction with this Document is an accurate
accounting of funds received and spent by the Agency under the Guide during the reporting period and that the recipient Agency
is compliant with the National Code of Professional Conduct for Asset Forfeiture.
The undersigned certify that the recipient Agency is in compliance with the applicable nondiscrimination requirements of the
following laws and their 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 above -stated law
enforcement agency ("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 submission of this form, the Agency
agrees that it will be bound by the statutes and guidelines that regulate shared assets and the following requirements for
participation in the Department of Justice and Department of the Treasury Equitable Sharing Programs. Receipt of the signed
Equitable Sharing Agreement and Certification (this "Document") is a prerequisite to receiving any equitably shared cash,
property, or proceeds.
1. Submission. This Document must be submitted within 60 days of the end of the Agency's fiscal year. This Document must
be signed and submitted electronically. Electronic submission constitutes submission to the Department of Justice and the
Department of the Treasury.
2. Signatories. This agreement 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, city attorney, county attorney,
district attorney, prosecuting attorney, state attorney, commonwealth attorney, and attorney general. The governing body's 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 from the law enforcement agency and must be from a separate entity.
3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that
govern the Department of Justice and the Department of the Treasury Equitable Sharing Programs as set forth in the current
edition of the Guide to Equitable Sharing for State and Local Law Enforcement Agencies (Guide).
4. Transfers. Before the Agency transfers funds to other state or local law enforcement agencies, it must first verify with the
Department of Justice that the receiving agency is a compliant Equitable Sharing Program participant. Transfers of tangible
property are not permitted.
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 other sources must not be commingled with federal equitable sharing funds.
The Agency certifies that funds are maintained by the jurisdiction maintaining appropriated funds and agrees that such
accounting 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 current edition of the Guide, including the requirement to maintain relevant
documents and records for five years.
The misuse or misapplication of shared resources or supplantation of existing resources with shared assets is prohibited. The
Agency must follow its jurisdiction's procurement policies when expending shared funds. Failure to comply with any provision of
this agreement shall subject the recipient agency to the sanctions stipulated in the current edition of the Guide.
6. Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Super Circular,
Date Printed:02/09/2017
Page 3 of 4 February 2016
Version 3.2
Uniform Administrative Requirements. Costs Principles, and Audit Requirements for Federal Awards. The Department of Justice
and the Department of the Treasury reserve the right to conduct periodic random audits or reviews.
7. Freedom of Information Act. Information provided in this Document is subject to the FOIA requirements of the Department
of Justice and the Department of the Treasury.
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 ki No
Agency Head
Name: Reams, Steve
Title: Weld County Sheriff
Email: sreams@co.weld.co.us
Signature:
Date: -io- i7
To the best of my knowledge and belief, the information provided on this form 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 acceptance of and agreement to abide
by the policies and procedures set forth in the Guide to Equitable Sharing for State and Local Law Enforcement Agencies, including ensuring
permissibility of expenditures and following all required procurement policies and procedures. Entry of the Agency Head name above also indicates
his/her acceptance of and agreement to abide by requirements set forth in this Equitable Sharing Agreement, and any policies or procedures issued by
the Department of Justice or the Department of the Treasury related to the Asset Forfeiture or Equitable Sharing programs. The Law Enforcement Head
also certifies that no items on the Prohibited list, as detailed in "Recommendations Pursuant to Executive Order 13688", were purchased with equitable
sharing funds on or after October 1, 2015.
Governing Body Head
Name: Cozad, Julie
Title: Chair, Board of County Commissioners
Email: jcozad@co.weld.co.us
Signature:
fat; Of ,c1
FEB 2 2 2017
Date:
To the best of my knowledge and belief, the agency's current fiscal year budget reported on this form 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 acceptance of and agreement to abide by the policies and procedures set forth in the Guide to
Equitable Sharing for State and Local Law Enforcement Agencies, this Equitable Sharing Agreement, and any policies or procedures issued by the
Department of Justice or the Department of the Treasury related to the Asset Forfeiture or Equitable Sharing Programs.
I certify that I am authorized to submit this form on behalf of the Agency Head and the Governing Body Head.
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