HomeMy WebLinkAbout20160826.tiff BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW/WORK SESSION REQUEST
RE: Authorization to submit 2015 Annual Equitable Shares Certification through eShare system.
DEPARTMENT: Sheriff's Office DATE: 2/18/2016
PERSON REQUESTING: Jennifer Oftelie, Budget Manager
Terasina White, Office Administrator for Weld County DA's Office
Brief description of the problem/issue:
Each year, agencies that receive any Federal Seizure dollars are required to file an Annual Equitable Shares
Certification report to track funds and ensure they are spent according to the federal guidelines. This report is
due on February 29th, 2016 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 $70,248 in
2014 and $57,855 in November of 2015. The Weld County Drug Task Force has never distributed funds to the
Weld County District Attorney's Office before this year. The Sheriffs Office and DA's Office spent their funds
on the new uniform roll out above the amount budgeted and training, respectively. Attached to the pass around,
you will see the information that both agencies are filing with, since the actual report is still unattainable.
The U.S. Department of Justice changed the reporting method this year and the reports do not require a
signature to submit, just authorization from the Agency Head (Sheriff Reams and DA Rourke) and the
Governing Body Head, which would be the Board Chair, Commissioner Freeman. We are asking for
authorization to submit the reports as required by the deadline of February 29th
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
Authorize the DA's Office and Sheriffs Office to submit the reports with the attached information to remain in
compliance with federal regulations and continue to be eligible to receive future seizure dollars.
Not approve the submission of the reports. This would cause the Sheriffs Office and District Attorney's Office
to fall out of compliance and could result in having to return the funds spent last year at a cost to the County.
Recommendation:
Recommend authorization to submit the two reports as described.
Approve Schedule
Recommendation Work Session Other/Comments:
Mike Freeman, Chair
Sean P. Conway
Julie Cozad
Barbara Kirkmeyer
Steve Moreno 441 2016-0826
e - at, Doi
MICHAEL J. ROURKE 915 10TH Street
District Attorney +� P.O. Box 1167
Greeley, CO 80632
ROBERT W. MILLER Phone: (970) 356-4010
Assistant District Attorney Office of the District Attorney Fax: (970) 352-8023
Nineteenth Judicial District www.weldda.com
MEMO
TO: Board of Weld County Commissioners
FROM: Michael Rourke, District Attorney
RE: 2015 Equitable Share Funding Report
DATE: 2/18/16
On 9/25/15, the Weld County Drug Task Force reimbursed the Weld County District Attorney's
Office through an equitable sharing funds transfer in the amount of$2,759.00 This was to
reimburse for Prosecuting Drug Cases conference expenses for Chief Deputy District Attorney
Steve Wrenn. This included a$595.00 registration fee, $799.00 airline ticket and $1,365 hotel
room.
The District Attorney's office is required to file an Equitable Sharing Certification form for these
funds. We are in the process of working with the Department of Justice to gain access to the
form that is required. The report is due on February 29, 2016. Due to the fact that we do not
have the form yet, we are asking for the Boards authorization to submit the annual certification
report. Once the form is available and complete, we will then forward it to the board for
signature.
Jennifer Fuller
From: Jennifer Oftelie
Sent: Friday, February 19, 2016 2:32 PM
To: Jennifer Fuller
Cc: Alan Caldwell
Subject: RE: Pass Around for Equitable Shares certifications
Hi Jenny. To add onto this— I know it was mentioned in the documentation, but I really want to stress that the forms
attached to this request are simply to provide an example of the information we plan to file, but are NOT the actual forms
we need to submit. The actual forms are currently unavailable to either the Sheriff's Office or the DA's Office. Since the
forms we attached were fellable forms, we couldn't really make that clear that they were to be considered examples, but
the information reported on them will not change.
Just in case it comes up. Thanks again for your help, and have a great weekend.
Jennifer Oftelie
Weld-County Sheriffs Office
Desk: 970-356-4015 x2872
Cell: 303-579-2661
From: Jennifer Oftelie
Sent: Thursday, February 18, 2016 3:52 PM
To: Jennifer Fuller
Cc: Terasina White; Barb Connolly
Subject: Pass Around for Equitable Shares certifications
Hi Jenny. I think we all agree that a Pass Around might be the most effective way to get this done before our deadline to
submit with commissioners being out for the majority of this next week. I have attached as much information as I could
for the request—hopefully it will make sense. However if you need anything else or if anyone has a question, I am at your
service.
Thanks again for all your help. I am so sorry to rush this through—we just can't seem to get the feds to share our urgency
on the reporting process.
Jennifer Oftelie
Business/Budget .%tanager
Weld County Sheriffs Office
Direct: 970-356-4015 x2872
CelE 303-579-2661
joftelie@co.weld.co.us
1
1
OMB Number 1123-0011
Expires November 30,2018
1,'Y' `' Equitable Sharing Agreement and Certification 41igti)
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NCIC/ORI/Tracking Number: CO0620000
Agency Name: Weld County Sheriffs Office Type: Sheriffs Office
Mailing Address: 1950 O Street
Greeley CO 80631
Finance Contact
Name: Connolly, Barb
Phone:9703564000 Email:bconnolly@co.weld.co.us
ESAC Preparer
Name: Oftelie, Jennifer
Phone:970-356-4015 Email:joftelie@co.weld.co.us
Last FY End Date: 12/31/2015 Agency Current FY Budget: $39,057,859.00
Annual Certification Report
1 2
Summary of Equitable Sharing Activity Justice Funds Treasury Funds
1 Begining Equitable Sharing Fund Balance $0.00 $34,095.59
(Must match Ending Balance from prior FY)
2 Equitable Sharing Funds Received $0.00 $0.00
3 Equitable Sharing Funds Received from Other Law $0.00 $57,855.00
Enforcement Agencies and Task Force(Complete Table B)
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 $91,950.59
7 Equitable Sharing Funds Spent(total of lines a-n below) $0.00 $34,095.59
8 Ending Equitable Sharing Funds Balance $0.00 $57,855.00
(difference between line 7 and line 6)
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 $34,095.59
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 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 $0.00 $0.00
agencies(Complete Table D)
ISupport of community-based programs (Complete Table E) $0.00 � f � � ''
m Non-categorized expenditures(Complete Table F) $0.00 $0.00
n Salaries(Complete Table G) $0.00 $0.00
Total $0.00 $34,095.59
Date Printed: 2/29/2016 Page 1 of 3 February 2015
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 $57,855.00
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
•
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:
1400 New York Avenue, N.W., Washington, DC 20005.
Did your agency purchase any controlled equipment? 0 YES ® NO
Date Printed: 2/29/2016 Page 2 of 3 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 compliant with the applicable nondiscrimination requirements of the followinc
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.
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
I
Agency Head
Name: Reams, Steve
Title: Weld County Sheriff
Email: sreams@co.weld.co.us
Governing Body Head
Name: Freeman, Mike
Title: Chair, Commissioners
Email: mfreeman@co.weld.co.us
To the best of my knowledge and belief,the information provided on this form is true and accurate and has been duly reviewed and authorized by the Law
Enforcement Agency Head and the Governing Body Head whose names appear above.Their typed names indicate their acceptance of and their 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.
Date Printed: 2/29/2016 Page 3 of 3 February 2016
Version 3.2
ETC OMB Number 1123-0011
TfyT Expires 9-302014
Equitable Sharing
Agreement and • �Y
Certification
0 Police Department O Sheriff's Office O Task Force(Complete Table A)
0 Prosecutor's Office O National Guard Counterdrug Unit O Other
*Please fill each required field. Hover mouse over any fillable field for pop-up instructions.
Agency Name:Weld County District Attorney's Office
NCIC/ORI/Tracking Number: C 0 0 6 2 0 1 5 A
Mailing Address: P.O. Box 1167
City: Greeley State: CO Zip: 80632
Finance Contact: First:Barb Last: Connolly
Phone:970-356-4010 E-mail: bconnolly@co.weld.co.us
Preparer: First:Terasina Last: White
Same as Phone: 970-356-4010 E-mail: twhite@co.weld.co.us
Finance Contact
Independent Public Accountant: E-mail: melissa@awhitney.com
Last FY End Date: 12/31/2015 Agency Current FY Budget: $5,184,675.00
O New Participant: Read the Equitable Sharing Agreement and sign the Affidavit.
Complete the Annual Certification Report,read the Equitable Sharing Agreement,and sign
® Existing Participant: the Affidavit.
O Amended Form: Revise the Annual Certification Report,read the Equitable Sharing Agreement,and sign
the Affidavit.
Annual Certification Report
Summary of Equitable Sharing Activity Justice Funds' Treasury Funds'
1 Beginning Equitable Sharing Fund Balance(must match
Ending Equitable Sharing Fund Balance from prior FY)
2 Federal Sharing Funds Received
3 Federal Sharing Funds Received from Other Law Enforcement
Agencies and Task Forces(To populate,complete Table B)
4 Other Income
Non Interest Bearing
5 Interest Income Accrued
Interest Bearing O
6 Total Equitable Sharing Funds(total of lines 1 -5) $0.00 $0.00
7 Federal Sharing Funds Spent(total of lines a-m below) $2,759.00 $0.00
8 Ending Balance(difference between line 7 and line 6) $-2,759.00 $0.00
'Justice Agencies are:FBI,DEA,ATF,USPIS,USDA,DCIS,DSS,and FDA.
2 Treasury Agencies are:IRS,ICE,CBP,TTB,US5S,and USCG.
Page 1 of 5 October 2012
Version 2.1
Summary of Shared Funds Spent Justice Funds Treasury Funds
a Total spent on salaries under permitted salary exceptions
b Total spent on overtime
c Total spent on informants,"buy money",and rewards
d Total spent on travel and training $2,759.00
e Total spent on communications and computers
f Total spent on weapons and protective gear
g Total spent on electronic surveillance equipment
h Total spent on buildings and improvements
Total transfers to other participating state and local law
enforcement agencies(To populate,complete Table C)
Total spent on other law enforcement expenses(To populate,
complete Table D)
k Total Expenditures in Support of Community-Based Programs
(To populate,complete Table E)
I Total Windfall Transfers(To populate,complete Table F)
Total spent on matching grants(To populate,complete
m Table G)
n Total $2,759.00 $0.00
o Did your agency receive non-cash assets? O Yes 0 No If yes,complete Table H.
Please fill out the following tables,if applicable.
Table A: Members of Task Force
Agency Name NCIC/ORI/Tracking Number
Table B: Equitable Sharing Funds Received from other Agencies
Transferring Agency Name,City,and State Justice Funds Treasury Funds
Agency Name:
NCIC/ORI/Tracking Number:
Table C: Equitable Sharing Funds Transferred to Other Agencies
Receiving Agency Name,City,and State Justice Funds Treasury Funds
Agency Name:
NCIC/ORI/Tracking Number:
Page 2 of 5 October 2012
Version 2.1
Table D: Other Law Enforcement Expenses
Description of Expense Justice Funds Treasury Funds
Table E: Expenditures in Support of Community-Based Programs
Recipient Justice Funds
Table F: Windfall Transfers
Recipient Justice Funds Treasury Funds
Table G: Matching Grants
Matching Grant Name Justice Funds Treasury Funds
Table H: Other Non-Cash Assets Received
Source Description of Asset
Justice 0
Treasury O
Table I: Civil Rights Cases
Name of Case Type of Discrimination Alleged
] National
Race Color El ElGender
Origin
Disability Age Other
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,
1400 New York Avenue,N.W.,Washington, DC 20005.
Page 3 of 5 October 2012
Version 2.1
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 its signatures,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 federal Equitable Sharing Program. 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 to aca.submit@usdoj.gov within 60 days of the end of the
Agency's fiscal year. This Document must be submitted electronically with the Affidavit/Signature submitted by fax.
This will constitute 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,
chairperson,secretary,city attorney,county attorney,district attorney,prosecuting attorney,state attorney,
commonwealth attorney,and attorney general. The governing body's head is the person who allocates funds or
approves the budget for the Agency. Examples of governing body heads include city manager,mayor,city council
chairperson,county executive,county council chairperson,director,secretary,administrator,commissioner,and
governor.
3.Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines
that govern the federal Equitable Sharing Program as set forth in the current edition of the Department of Justice's
Guide to Equitable Sharing for State and Local Law Enforcement(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).
4.Transfers. Before the Agency transfers cash,property,or proceeds to other state or local law enforcement
agencies,it must first verify with the Department of Justice or the Department of the Treasury,depending on the
source of the funds,that the receiving agency is a current and compliant Equitable Sharing Program participant.
S.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 and other sources
must not be commingled with federal equitable sharing funds. The 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 equitable sharing account.
The Agency agrees that such accounting will be subject to the standard accounting requirements and practices
employed for other public funds as supplemented by requirements set forth in the current edition of the Justice Guide
and the Treasury Guide, including the requirement in the Justice Guide to maintain relevant documents and records for
five years.
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/property.
6.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 Department of the Treasury reserve the right to conduct periodic
random audits.
Page 4 of 5 October 2012
Version 2.1
Affidavit - Existing Participant
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 Justice and/or Treasury Guides during the reporting
period and that the recipient Agency is in compliance with the National Code of Professional Conduct for Asset Forfeiture.
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 etseq.),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.
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? O Yes O No
If you answered yes to the above question,complete Table I
Agency Head Governing Body Head
Signature: Signature:
Name: Michael J. Rourke Name: Mike Freeman
Title: District Attorney Title: Commissioner Chair
Date: Date:
E-mail: mrourke@co.weld.co.us E-mail: mfreeman@co.weld.co.us
Subscribe to Equitable Sharing Wire:
The Equitable Sharing Wire is an electronic newsletter that
gives you important,substantive,information regarding
Equitable Sharing policies,practices,and procedures.
Final Instructions:
Step 1: Click to save for your records Step 3: Email the XML file to aca.submit@usdoj.gov
Step 2: Click to save in XML format Step 4: Scan&email this Affidavit to aca.affidavit@usdoj.gov
(Email subject line must include Agency NCIC/ORI Code)
FOR AGENCY USE ONLY
Entered by
Entered on
o FY End: 12/31/2015 Date Printed: February 18,2016 16:21
NCIC:CO062015A Agency:Weld County District Attorney's Office Phone:970-356-4010
O
State: CO Preparer: Terasina White E-mail:twhite@co.weld.co.us
Page 5 of 5 October 2012
Version 2.1
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