HomeMy WebLinkAboutReso 2002-446
RESOLUTION NO. 2002- ~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AUTHORIZING THE CITY TO ENTER INTO A
FEDERAL EQUITABLE SHARING AGREEMENT WITH THE UNITED
STATES DEPARTMENT OF JUSTICE AND DEPARTMENT OF
TREASURY, ATTACHED AS EXHIBIT "A", TO RECEIVE FORFEITED
PROPERTY FROM THE U.S. DEPARTMENT OF JUSTICE, EFFECTIVE
FROM OCTOBER 1, 2002 THROUGH SEPTEMBER 30, 2005;
AUTHORIZING THE MA YOR AND THE CHIEF OF POLICE TO
EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER
AND CHIEF OF POLICE TO DO ALL THINGS NECESSARY TO
EFFECTUA TE THIS AGREEMENT; PROVIDING FOR AN EFFECTIVE
DA TE.
WHEREAS, the City of Sunny Isles Beach has an active and growing policing unit that is
seeking to protect the health, safety and welfare of its residents; and
WHEREAS, the Chief of Police has determined that there is a great need for the City's
participation in a joint effort of all municipal law enforcement agencies to work in a cooperative
manner whenever it is needed; and
WHEREAS, the United States Department of Justice and the United States Department of
Treasury has a Federal Equitable Sharing Program and the City wishes to enter into an agreement,
attached hereto as Exhibit "A", effective October 1, 2002 through September 30,2005, allowing the
City to receive forfeited property, with restrictions upon the use of federally forfeited cash, property,
proceeds, and any interest earned thereon, which are equitably-shared with participating law
enforcement agencies; and
WHEREAS, the Police Department intends to use the funding for various Police equipment
and programs to enhance community service to the residents of Sunny Isles Beach.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The Federal Equitable Sharing Agreement, effective
October 1, 2002 through September 30, 2005, to receive forfeited property from the United States
Department of Justice for participating in the Federal Equitable Sharing Program, attached hereto as
Exhibit "A", be and the same, is hereby approved.
Section 2. Authorization of the Mayor and Chief of Police. The Mayor and the Chief of Police
are hereby authorized to execute the Federal Equitable Sharing Agreement.
1
R2002- Federal Equitable Sharing Agrnt
Section 3. Authorization of the City Manager and Chief of Police. The City Manager and the
Chief of Police are hereby authorized to do all things necessary to effectuate the terms of the
Agreement.
Section 4.
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 14th day of May 2002
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Richard Brbwn-Morilla, City Clerk
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David Samson, Mayor
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APPROVED AS TO FORM AND
G S CIENCY
Seconded by:
~Illiss~ ~.J
C1JWK ~~~ 1iI~
Moved by:
Vote: S- -0
Mayor Samson
Vice Mayor Iglesias
Commissioner Ede1cup
Commissioner Goodman
Commissioner Kauffman
~Yes)
(Yes)
\7'"" (Yes)
V' (Yes)
~(Y es)
_(No)
_(No)
_(No)
_(No)
_(No)
2
R2002- Federal Equitable Sharing Agmt
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u.s. .Department of Justice
Criminal Division
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WtUhinglon. D.C. 205JO
MAR 2 2 3Il2
Dear State and Local Law Enforcement Agency:
Your Federal Equitable Sharing Agreement is about to expire. To allow for your
continued participation in the equitable sharing program, please complete the enclosed Federal
Equitable Sharing Agreement. The signed agreement is valid through September 30, 2005, and
should be sent to the Asset Forfeiture and Money Laundering Section (AFMLS) and the ) ~~
Department of the Treasury. A copy al~~,~~ul~.~~,~c:ntt,? y~ur~strict's~~~ States rJ Uc!.. ' ~ ~
.Attorn.e.y..'.s..()..ffi.....}C ........... ....._.:..'~......dD........... Jt., ......;g,.....S -L
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The Federal Annual Certification Report, also attached, is due 60 days after the close of
your agency's fiscal year. The signed certification report is valid for one year and must be
resubmitted each year, regardless of whether your agency received shared funds.
If you need additional copies of the Federal Equitable Sharing Agreement or Federal
Annual Certification Report, the forms may be downloaded from the Department of Justice
website at http://www.usdoj.gov/criminal/afmls.html. If your agency does not have Internet
access, please retain a blank copy of the enclosed forms for future use.
Any questions regarding reporting requirements and procedures may be directed to
AFMLS Trial Attorney John W. Sellers and DynCorp Training Technician Lisa Trueblood at
(202) 514-1263 or to the Law.Enforcement Coordinating Committee (LECC) in your district's
U.S. Attorney'~ Office.
Sincerely,
~~~
John Roth, Chief
Asset Forfeiture and Money
Laundering Section
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Enclosures
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''VALID TNRU SEPTEMBER 30, 1005"
Federal Equitable Sharing Agreement
. Police Deparnnent
o Prosecutor's Office
o Sheriff s Office/Deparnnent
o Other
o Check if New Participant
o Task Forcel
Law Enforcement Agency: SUNNY ISLES BEACH POLICE DEPARTMENT
Contact Person:
SGT. MICHAEL GRAlIDINETrI
E-mail Address:GRAlIDINETrIM@flcin.net
Mailing Address:
17070 COLLINS AVE. #255 SUNNY ISLES BEACH, FLORIDA 33160
(Street)
(City)
(State)
(Zip Code)
. Telephone Number: ( 305
947-4440 x'iO'i
Fax Number: ('lO"i ) 947-~680
Agency Fiscal Year Ends on:
SEPTEMBER 30
(Month/Day)
NCIC/ORlrrracking No.: FL0135100
This Federal Equitable Sharing Agreement entered into among (I) the Federal Government, (2) the above-stated law enforcement 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 their signatures, the parties agree that they will be bound by the statutes and guidelines that regulate shared assets
and the following requirements for participation in the federal equitable sharing program.
1. Submission. The Federal Equitable Sharing Agreement and the Federal Annual Certification Report must be submitted to both
the Department of Justice and the Deparnnent of the Treasury with a copy provided to the U.S. Attorney in the district in which
the recipient law enforcement agency is located, in accordance with the instructions received from the respective departments or
as outlined in their equitable sharing guidelines.
U.S. Deparnnent of Justice/ACA Prograrn
lOth and Constitution A venues, NW .
Criminal Division! AFMLS
Bond Building, Tenth Floor
Washington, D.C. 20530
Fax: (202) 616-1344
Executive Office for Asset Forfeiture
U.S. Deparnnent of the Treasury
740 15th Street, NW. Suite 700
Washington, D.C. 20220
E-mail address: treas.aca@teoaf.treas.gov
Fax: (202) 622-9610
2. Signatories. This agreernent must be signed by the head (or authorized representative) of the law enforcement agency and the
head (or authorized representative) of the governing body. Receipt of the signed agreement is a prerequisite to receiving any
equhably-sharedcash,propen)',orproceed~
3. Uses. Any shared asset shall be used for Jaw enforcement purposes in accordance with the statutes and guidelines that govern
equitable sharing, and as specified in the equitable sharing request (either a DAG-71 or a TD F 92-22.46) submitted by the
requesting agency.
4. Transfers. Before the undersigned law enforcement agency transfers cash, property, or proceeds to other law enforcement
agencies, it must verify first that the receiving agency has a current and valid Federal Equitable Sharing Agreement on file with
both the Deparnnent of Justice and the Deparnnent of the Treasury. If there is no agreernent on file, the undersigned law
enforcement agency must obtain one from the receiving agency, and forward it to the Deparnnent of Justice and th~ Deparnnent
of the Treasury as in item I. A list of recipients, their addresses. and the amount transferred rnust be attached to the Federal Annual
Certification Report.
1 Attach list of member agencies with their addresses and indicate lead ag~ncy.
5. Internal Controls. The parties agree 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 recipient agency shall establish a separate revenue account or accounting code for state, local.
Department of Justice, and the Department of the Treasury forfeiture funds. Interest income generated must be accounted for in
the appropriate federal forfeiture fund account.
The parties agree that such accounting will be subject to the standard accounting requirements and practices employed for other
such public monies as supplemented by requirements set forth in the current edition of the Department of Justice's A Guide to
Equitable Sharing of Federal(v Forfeited Property for State and Local Law Enforcement Agencies (Justice Guide). and the
Department of the T'I'easury's Guide to Equitable Sharingfor Foreign Countries and Federal, State. and Local Law Enforcement
Agencies (Treasury Guide). The accounting of shared funds must be submitted in the format shown on the Annual Certification
Report contained in both the Justice and Treasury Guides.
The misus~'pr 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 or property.
6. Federal Annual Certification Report. The recipient agency shall submit an Annual Certification Report to the Department
of Justice and the Department of the Treasury (at the addresses shown in item I) and a copy tc! the V.S. Attorney in the district in
which the recipie~t agency is located. The certification must be submitted in accordance with the instructions received from the
respective departments or as outlined in the Justice or Treasury Guides. Receipt of the certification report is a prerequisite to
receiving any equitably-shared cash, property, or proceeds.
7. Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Circular
A-I3~. The Department of Justice and the Department of the Treasury reserve the right to conduct periodic random audits.
8a. During the past 3 years, has your agency been found in violation of, or entered into a settlement agreement
pursuant to, any nondiscrimination law in federal or state court, or before an administrative agency?
o yes
. No
(I~you answered yes, attach relevant information. See instructions.)
8b. Are there pending in a federal or state court, or before any federal or state administrative agency, proceedings
against your agency alleging discrimination?
o Yes . No . (If you answered yes, attach relevant information. See instructions.)
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 V.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 V.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.
Under penalty otperjury, the undersigned officials certify that the recipient state or local law enforcement agency is in
compliance with the provisions of the Justice and/or Treasury Guides and the National Code of Professional Conduct for
Asset Forfeiture.
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CHIEF OF POLICE
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FRED A. HAAS M.~ \ 5, '2.00"2-
Name (Print or Type) 0 Date
Law Enforcement Agency Head or Authorized Representative
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Title (Print or Type)
This form is subject to the Freedom of Information Act and may be released to requests under 5 V.S.C. 9552.
. March 2002
Federal Equitable Sharing Agreement
Instructions
(Please retain these instructions for your records.)
Law Enforcement Agency: Enter the complete name of your state or local law enforcement agency (e.g., Anytown
Police Deparonent). This must be consistent with the DAG-71. Check the appropriate box to indicate type of agency.
Acronyms should be spelled out. If a task force, provide a list of member agencies, addresses, and lead agency, if
designated.
New Participant: Check this box if your agency has never received any cash, proceeds, or property from the equitable
sharing program.
Contact Person: Enter the name of the person who can provide additional information on the sharing agreement form.
E-mail Address: Enter the e-mail address of the contact person or the e-mail address of the agency.
Mailing Address: Enter your agency's complete mailing address (number, street, city/town, state, and zip code).
Telephone Number: Enter the phone number of the contact person, including area code and extension.
Fax Number: Enter'your agency's fax number including area code.
Agency Fiscal Year Ends on: Enter the ending date (mon~day) of your agency's fiscal year; 'e.g., 6/30.
NCIC/ORI/Tracking No.: Enter your valid FBI-issued National Crime Information Center (NCIC)/ORI code-e.g.,
CAOOOOOOO-or tracking number assigned by AFMLS.
Civil Rights Provision: Police deparonents, sheriffs' deparonents, prosecutors' offices, and other law enforcement
agencies that receive federal financial assistance from the Deparonent of Justice (DOJ) are subject to the provisions of:
( I ) Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin;
(2) Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in training and
educational programs; (3) Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of
disability; and (4) the Age Discrimination Act of 1975, which prohibits discrimination on the basis of age. Federal
financial assistance includes funds, training and technical assistance, logistical support, and property transfers from OOJ
including equitable sharing. Agencies receiving assistance are required to permit DOJ investigators access to records and
any other sources of information as may be necessary to determine compliance with civil rights laws. If the "yes" box
is checked in 8a and/or 8b, provide the following information: the name ofthe case; a summary of the complaint;
and the status ofthe case. For example: ..Jones v. Any town Police Department; sex discrimination; settled. Please
do not send a copy of the complaint.
Law Enforcement Agency Head or Authorized Representative: The head of your law enforcement agency (or
the authorized representative) must sign and date the form. (Examples of law enforcement agency head or authorized
representative include the following: police chief, district anorney, sheriff, undersheriff, deputy chief.) Name and title
of the signatory must be printed or typed. By signing the agreement, the head of the law enforcement agency (or the
authorized representative) certifies that the receiving state or local law enforcement agency is in compliance with the
Justice and Treasury Guides, and agrees to be bound by the statutes and guidelines which regulate the equitable sharing
program.
Governing Body Head or Representative: The head of your governing body (or the authorized representative) must
sign and date the form. (Examples of governing body head or authorized representative include the following: city
manager, county executive, mayor, county.judge.) Name and title of the signatory must be printed or typed. By signing
the agreement, the head of the governing body (or the authorized representative) certifies that the receiving state or local
law enforcement agency is in compliance with the Justice and Treasury Guides, and agrees to be bound by the statutes
and guidelines which regulate the equitable sharing program. For purposes of this form, a governing body is an institution
or organization that has appropriations authority:-that is, the agency that gives your agency its budget-over the state or
10caJlaw enforcement agency. A law enforcement official should not sign for the governing body unless he/she has
appropriations authority.
March 2002
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this Annua' Certification Report must be submitted within 60 days after the close of your fiscal year to both agencies:
U.S. Department o( Justlce/ACA Program
10th and Constitution Avenues. NW
Criminal DivisionlAFMLS
Bond Building. Tenth Floor
Washington. DC 20530
Fax: (202) 616-1344
u.s. Department o( the Treasury
Executive Office lor Asset Forfeiture
740 15th Street. NW. Suite 700
Washington, D.C. 20220
E-mail address: treas.aca@teoal.treas.gov
Fax: (202) 622.9610
Law Enforcement Agency:
o Police Department 0 ShenlT's Office/Department
o Prosecutor's Office
C' Task Force'
Contact Person:
E-mail Address:
Mailing ~dress:
o Other
(Street)
(City)
Telephone Number: L-)
Fax Number: l.:.--)
Agency Fiscal Year Ends on:
NCIC/ORlITracking No.:
(MonthlDaylYcar)
(State)
(Zip Code)
Summary of Equitable Sharing Activity
(Fiscal Vear Ending )
I. Beginning Equitable Sharing Fund Balance
2. Federal Sharing Funds Received
3. Transfers From Other Law Enforcement Agencies (attach list)
4. Other Income
S. Interest Income Accrued (0 check ifnon-interest-bearing account)
6. Total Equitable Sharing Funds (total of lines I .5)
7. Federal Sharing Funds Spent (total of lines a - m) .
8. Equitable Sharing Fund Balance (subtract line 7 from line 6)
9. Appraised Value of Other Assets Received
Summary of Shared Monies Spent
a. Total spent on salaries for new, temporary, not to exceed I-year employees
b. Ovenime
c. Total spent on informant and "buy money"
d. Total spent on travel and training
e. Total spent on communications and computers
f. Total spent on firearms and weapons
g. Total spent on body armor and protective gear
h. Total spent on electronic surveillance equipment
I. Total spent on building and improvements
j. Total spent on other law enforcement expenses (attach list)
k. Total transfers to other law enforcement agencies (attach list ofrecipients)
I. Total permissible use transfers (attach list of recipients)
m. Total spent on matching grants (attach list)
Justice Funds
S
S
S
S
S
$
$(
S
S
S
$
S
S
S
S
S
S
$
S
$
S
$
Treasury Funds
$
$
S
$
S
$
$ (
$
$
$
S
S
S
$
S
$
S
S
S
S
S
Under the penalty of perjury, the undersigned hereby certify that the infonnation in this report is an accurate accounting of funds received and
spent by the law enforcement agency under the federal equitable sharing program during this reporting period.
Name (Print or Type) Date
Law Enforcement Agency Head or Authorized Representative
Name (Print or Type) Date
Governing Body Head or Authorized Representative
(Signature)
(Signature)
Title (Print or Type)
Title (Print or Type)
I Attach list of member agencies with their addresses and indicatc.lead agency.
This form is subject to the Freedom of Information Act and may be released to requests under 5 U.S.C. S 552.
M~rch 2002
Federal Annual Certification Report
Instructions
(Please retain these instructions for your records.)
Law Enforcement Agency: Enter the complete name of your state or local law enforcement agency. Check the
appropriate box to indicate type of agency. Acronyms should be spelled out. If a task force, provide a list of member
agencies, addresses, and amounts transferred.
Contact Person: Enter the name of the person who can provide additional information on the certification report.
E-mail Address: Enter the e-mail address of the contact person or the e-mail address of the agency.
Mailing Address: Enter your agency's complete mailing address (number, street, city/town, state, and zip code).
Telephone Number: Enter the phone number of the contact person, including area code and extension, if any.
Fax Number: Enter your agency's fax number including area code.
Agency Fiscal Year Ends on: Enter the ending date (month/day/year) of your agency's fiscal year, e.g., 6/30/02.
NCIC/ORlnracking No.: Enter your valid FBI-issued National Crime Information Center (NCIC)/ORI code-e.g.,
CAOOOOOOO-or tracking number assigned by AFMLS.
Beginning Sharing Fund Balance: Enter on line 1 the amount inyour federal forfeiture fund account a! the beginning
of your fiscal year. Separate Justice from .Treasury fund balances. Include under Justice fund: .shared cash and/or
proceeds received from: DEA, FBI, INS, U.S. Attorney's Office, u..S. Postal Inspection Service, FDA, and USDA.
Include under Treasuryfund: shared cash and/or proceeds received from: the IRS, ATF, U.S. Secret Service, and U.S.
Customs Service.
Federal Sharing Funds Received: Enter on line 2 the total amount of shared cash and/or proceeds received from the
federal equitable sharing programs. For example, if your fiscal year ends 6/30/02, include all sharing funds received from
7/1/01 through 6/30/02. Separate Justice funds from Treasury funds.
Transfers FrDm Other Law Enforcement Agencies: Enter on line 3 amounts received from other law enforcement
agencies. If your agency received $10,000 from a task force, enter this amount on line 3. Attach a list oflaw enforcement
agenCIes.
Other Income: Enter on line 4 the proceeds from the sale of shared property or any amounts returned to your forfeiture
fund account, e.g., received $10,000 for the sale of a car placed in official use.
Interest Income Accrued: Enter on line 5 the interest earned on your federal forfeiture fund account during your fiscal
year. Account for Justice and Treasury interest income separately. Check box if the funds are in a non-interest-bearing
account.
Total Equitable Sharing Funds: Add the beginning sharing fund balance (line 1), the sharing funds received (line 2),
sharing funds received from other law enforcement agencies (line 3), other income (line 4), and interest income (line 5).
Enter on line 6 the total amount.
Federal Sharing Funds Spent: Add items a through m. Enter the total amount on line 7.
Equitable Sharing Fund Balance: Subtract the sharing funds spent (line 7) from the total of equitable sharing fund
(line 6). Enter on line 8 the ending balance.
Appraised Value of Other Assets: Enter on line 8 the fair market value of any property received, e.g., if the fair
market value ofa car is $10,000, then enter $10,000 on line 8. Note: When the car is sold, the proceeds of the sale must
be entered on line 4 (other income) in the year sold.
Summary of Shared Monies Spent: Enter on lines a-m the total amount spent for each item listed.
: Total Spent on Other Law Enforcement Expenses: Enter on line j the total amount of expenses not listed in items
1 through i. Attach list of expenditures.
Total Transfer to Law Enforcement Agencies: Enter on line k the amounts transferred to other state and local law
~nforcement agencies. Attach list of recipients with their addresses and include amount of cash, property, and proceeds
transferred. Verify that the recipients have submitted a Federal Equitable Sharing Agreement to both the Departments of
Justice and the Treasury.
Total Permissible Use Transfers: Enter on line I the total of the amounts transferred to eligible non-law enforcement
1gencies and private groups. Attach list of recipients with their addresses, and direct expenditures made on behalf of the
~ligible agencies and groups.
Total ~pent on Matching Grants: Enter on line m amounts your agency spent to match grants.'
Law Enforcement Agency Head or Authorized Representative: The head of your law enforcement agency (or
the authorized representative) must sign and date the fonn. (Examples of law enforcement agency head or authorized
representative include the following: police chief, district attorney, sheriff, undersheriff, deputy chief, etc.) Name and
,ide of the signatory must be printed or typed. By signing the agreement, the head of the law enforcement agency (or the
luthorized representative) certifies that this report is an accurate accounting of funds received and spent by the law
~nforcement agency under the federal equitable sharing program during this reporting period.
Governing Body Head or Representative: The head of your governing bOdy (or the authorized repres~ntative) must
,ign and date the form. (Examples of governing body head or authorized representative include the following: city
nanager, county executive, mayor, county judge, etc.) Name and title of the signatory must be printed or typed. By
;igning the certification, the head of the governing body (or the authorized representative) certifies that this report is an
lccurate accounting of funds received and spent by the law enforcement agency under the federal equital?le sharing
)rogram during this reporting period. For purposes of this fonn, a governing body is an institution or organization that has
lppropriations authority-that is, the agency that gives your agency its budget-over the state or local law enforcement
1gency. A law enforcement official should not sign for the governing body unless he/she has appropriations authority.
Wail the Federal Annual Certification Report to:
U.S. Department of Justice/ACA Program
10th and Constitution A venues, NW
Criminal Division! AFMLS
Bond Building, Tenth Floor
Washington, D.C. 20530
Fax: (202) 616-1344
Executive Office for Asset Forfeiture
U.S. Department of the Treasury
740 15th Street, NW, Suite 700
Washington, D.C. 20220
E-mail address: treas.aca@teoaf.treas.gov
Fax: (202) 622-9610
-\ copy of the report must also be sent to the U.S. Attorney in the district in which the recipient agency is
ocated.
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MAR 22 21m
MEMORANDUM
TO: State and Local Law Enforcement Agencies
SUBJECT: Use of Shared Funds to Purchase Food and Beverages
The Department of Justice and the Department of the Treasury receive numerous inquiries
regarding the use of shared funds to purchase food and beverages for local operations, retirement
luncheons and other situations. This memorandum serves as a guide in determining whether
shared funds may be used for such purchases. .
In general, shared funds must be used for a law enforcement purpose, and the purchase of
food and beverages for consumption by law enforcement personnel or their guests is not a
permissible use of shared funds. Nevertheless, shared funds may be used in certain limited
circumstances, to purchase food and beverages as set forth below:
1. Meals During Local Operations. Shared funds may be used to purchase
meals if state or local law or rules governing reimbursement of expenses
permit officers to be reimbursed for such expenses, e.g. meals, purchased
while an officer is on official travel, attending a training conference, or
engaged in a disaster operation, such as an earthquake or hurricane.
2. Conference Package Policy. Shared funds may be used to purchase meals
that are part of a "conference package." (For example, a hotel conference
center that provides complimentary coffee and bagels for breakfast with the
rental of its conference room for an authorized training event.)
The use of shared funds to pay for entertainment expenses for panies and ceremonies
including, but not limited to, tents and musical bands is not permitted because it may create an
appearance of impropriety or extravagance or may create opportunity for abuse of shared funds.
If you have any questions as to whether shared funds may be used for food and beverages,
please contact the Asset Forfeiture and Money Laundering Section at (202) 514-1263 or the
Treasury Executive Office for Asset Forfeiture at (202) 622-9600.
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MAR 2 2 2002
MEMORANDUM
TO: State and Local Law Enforcement Agencies
SUBJECT: Use of Shared Funds to Pay Salaries
The Department of Justice and Department of the Treas~ry receive numerous inquiries
regarding the use of shared funds to pay salaries. This memorandum serves as a guide to law
enforcement agencies in determining whether shared funds may be used for salaries. .
Generally, recipient agencies are not allowed to use shared funds to pay salari~s and
benefits of current, permanent, law enforcement personnel. This ~nsures that the' payment
of salaries and benefits do not actually influence law enforcement priorities and prevents
the appearance that law enforcement decisions are motivated by the prospect of receiving
shared funds. Also, because the timing and amount of equitable sharing disbursements are
uncertain, recipients should not anticipate the availability of such funds to pay recurring expenses,
such as salaries and benefits. .J
Nevertheless, shared funds may be used to pay salaries in limited circumstances where
such concerns are minimal. The .exceptions to the general prohibitions are as follows:
1.
Overtime of officers and investigators. Shared funds may be used to pay the'
overtime of officers and investigators involved in operations that may result in
further seizu.res and forfeitures. This policy is not limited to drug-related
investigations.
2. First-year's salary of new law enforcement positions and temporary, or not to
exceed one-year, appointments. Shared funds may be used to pay first-year
salaries of new law enforcement positions, temporary positions, or not to exceed.
one-year appointments.
3. Salary of an officer hired to replace an officer assigned to a task force.
Shared funds may be used to pay the salary of an officer hired to replace an officer
assigned to a task force so long as the replacement officer does not engage in the
seizure of assets or narcotics law enforcement as a primary duty.! If it becomes
1 The term "task force" means a law enforcement entity constituted under federal, state, or
local law that is primarily engaged in specific and targeted law enforcement for not less than six
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DEPARTMENT OF THE TREASURY
OFFICE OF THE UNDER SECRETARY FOR ENFORCEMENT
EXECUTIVE OFFICE FOR ASSET FORFEITURE
740 15TH ST. N.W. WASHINGTON, D.C. 2Q220
TEI.EPHONE: (202) El22-9600
FAX: (202\ 622-9610
MAR 20 m
Dear State and Local Law Enforcement Agency:
The Departments of Treasury and Justice are again doing a joint mailing of the agreement
and certification forms as a means of reducing paperwork for your agency. The new
"Valid thru September 30,2005" Federal Equitable Sharing Agreement and the revised
Federal Annual Certification Report are the same f<?rms, which should be submitted. to
both Treasury and Justice. Highlights of these reporting requirements are:
~ The Federal Equitable Sharing Agreement shall be submitted. every three years.
The enclosed. agreement, which is due by October 1, 2002, will be effective through
September 30,2005. The head of the law enforcement agency and the head of the
governing body (or authorized representative) must sign the agreement. A new
agreement should be submitted anytime there is a change in administration at the
head of the law enforcement agency or governing body level.
~ The Federal Annual Certification Report is due 60 days after the close of the
requesting agency's fiscal year. The head of the law enforcement agency and the
head of the governing body (or authorized representative) must sign the certification
report. A new participant is not required to submit a certification report until
shared cash, proceeds, or property is received.
~ Audits shall be conducted. as provided by' the Single Audit Act Amendments of 1996
and the Office of Management and Budget (OMB) Circular A-133.
The equitable sharing guidelines for Treasury and Justice are basically the same except
for our policy on the transfer of equitably shared money. Treasury does not allow state or
local law enforcement recipients to transfer shared cash to nonprofit community
organizations except in "windfall" situations. Justice has the IS percent permissible use
policy and does not allow any transfer of cash. For more information on the Treasury
policy, refer to pages 16-18 of the Treasury Guide to Equitable Sharing (October 1,
1996). .
".
Although you are receiving only one mailing of the forms, the Federal Equitable Sharing
Agreement and the Annual Certification Report must be submitted to both the
Department of the Treasury and the Department of Justice at the addresses listed below:
U.S. Department of the Treasury
Executive Office for Asset Forfeiture
740 15th Street, NW
Suite 700
Washington, DC 20220
E-mail address: treas.aca@teoaf.treas.gov
Fax: (202) 622-9610
U.S. Department of Justice
Criminal Division
Asset Forfeiture and Money Laundering Section
ACA Program
10th and Constitution Avenues, NW
Bond Building, Tenth Floor
Washington, DC 20530
Fax: (202) 616-1344
The enclosed agreement and certification forms must be completed and returned by the
stated deadlines in order for your agency to remain in compliance with the equitable
sharing guidelines. These forms are also on our website http://www.eoaf.treas.~ov/ along
with other forms and information about the Treasury asset forfeiture program.
Please contact Rebecca Brown or Jackie Jackson at (202) 622-9600 should you have
questions regarding the reporting requirements.
Sincerely,
C --
~/?1_U~
Raymond M. Dineen
Director
Enclosures
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4 V
CITY COMMISSION
DAVID SAMSON
MAYOR
DANNY IGLESIAS
VICE MAYOR
NORMAN S. EDELCUP
COMMISSIONER
GERRY GOODMAN
COMMISSIONER
LILA KAUFFMAN
COMMISSIONER
17070 Collins Avenue . Suite 250 . Sunny Isles Beach, Fl- 33160
TEL: 305 947 0606 . FAX: 305 949 3113
May 17, 2002
Mr. John Roth, Chief
U.S. Department of Justice /ACA Program
101h and Constitution Avenues, NW
Criminal Division/AFMLS
Bond Building, Tenth Floor
Washington, D.C. 20530
Subject: Federal Equitable Sharing Agreement per Resolution No. 2002 -446
Dear Mr. Roth:
Christopher J. Russo
Cit M ana ger Enclosed p lease find a completed Federal Equitable Sharing Agreement, in
Lynn M. Dannheisser compliance with the continued participation in the equitable sharing program
City Attorney through September 30, 2005, along with a certified copy of Resolution No.
Richard Brown - Morilla 2002 -446 for your file. A copy of the agreement is also forwarded to our
City Clerk district's United States Attorney's Office.
If you have any questions, please do not hesitate to contact us at (305) 947-
0606. Thank you.
�Sin�cerely, A jA
Richard Brown - Morilla
City Clerk
RBM: mw
Enclosures
c: Christopher Russo, City Manager (copy of letter only)
Fred Maas, Police Chief
Jean Watson, Finance Director
Michael Grandinetti, Sergeant
Hans Ottinot, Deputy City Attorney
Cecille Hayles, Contract Administrator
y
CITY COMMISSION
DAVID SAMSON
MAYOR
DANNY IGLESIAS
VICE MAYOR
NORMAN S. EDELCUP
COMMISSIONER
GERRY GOODMAN
COMMISSIONER
LILA KAUFFMAN
COMMISSIONER
17070 Collins Avenue . Suite 250 Sunny Isles Beach, FL 33160
TEL: 305 947 0606 . FAX: 305 949 3113
O F S t -1 N N V 1 S 1_. t_ S f) F a C, 1--1
May 17, 2002
Ms. Rebecca Brown, Program Analyst
U.S. Department of the Treasury
Executive Office for Asset Forfeiture
740 15th Street, NW
Suite 700
Washington, DC 20220
Subject: Federal Equitable Sharing Agreement per Resolution No. 2002 -446
Dear Ms. Brown:
Christopher J. Russo
Enclosed please find a completed Federal Equitable Sharing Agreement, in
City Manager
compliance with the continued participation in the equitable sharing program
Lynn M. Dannheisser
City Attorney
through September 30, 2005, along with a certified copy of Resolution No.
Richard Brown - Morilla 2002 -446 for your file. A copy of the agreement is also forwarded to our
City Clerk district's United States Attorney's Office.
If you have any questions, please do not hesitate to contact us at (305) 947-
0606. Thank you.
Sincerely,
W
Richard Brown - Morilla
City Clerk
RBM:mw
Enclosures
c: Christopher Russo, City Manager (copy of letter only)
Fred Maas, Police Chief
Jean Watson, Finance Director
Michael Grandinetti, Sergeant
Hans Ottinot, Deputy City Attorney
Cecille Hayles, Contract Administrator
C 1 -v
CITY COMMISSION
DAVID SAMSON
MAYOR
DANNY IGLESIAS
VICE MAYOR
NORMAN S. EDELCUP
COMMISSIONER
GERRY GOODMAN
COMMISSIONER
LILA KAUFFMAN
COMMISSIONER
Christopher J. Russo
City Manager
Lynn M. Dannheisser
City Attorney
Richard Brown - Morilla
City Clerk
17070 Collins Avenue . Suite 250 . Sunny Isles Beach, FL 33160
TEL: 305 947 0606 . FAX: 305 949 3113
O S U N N Y I S L E S 13 1=. A (_; i i
May 17, 2002
Mr. Guy Lewis, U.S. Attorney
U.S. Attorney's Office
99 ME. 41h Street
Miami, FL 33132
Subject: Federal Equitable Sharing Agreement per Resolution No. 2002 -446
Dear Mr. Lewis:
Enclosed please find a certified copy of Federal Equitable Sharing Agreement,
in compliance with the continued participation in the equitable sharing
program through September 30, 2005, along with a certified copy of
Resolution No. 2002 -446 for your file.
If you have any questions, please do not hesitate to contact us at (305) 947-
0606. Thank you.
Sincerely,
Richard Brown - Morilla
City Clerk
RBM:mw
Enclosures
c: Christopher Russo, City Manager (copy of letter only)
Fred Maas, Police Chief
Jean Watson, Finance Director
Michael Grandinetti, Sergeant
Hans Ottinot, Deputy City Attorney
Cecille Hayles, Contract Administrator