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HomeMy WebLinkAboutEquitable SharingSouthold Town Board - Letter Board Meeting of April 20, 2010 RESOLUTION 2010-329 ADOPTED Item # 5.35 DOC ID: 5879 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-329 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 20, 2010: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Equitable Sharing Agreement and Certification between the Town of Southold and the Federal Government {Department of Justice and Department of the Treasury.}, in connection with the Town accepting federally forfeited cash property and proceeds, at no cost to the Town, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., E~vans, Russell Generated April 21, 2010 Page 44 ~ OMB Number 1123-001 Equitable Sharing Agreement and Certification ~ Police Department (~ Sheriffs Office O Task Force (Complete Table A, page2) O Prosecutor's Office (~ Other (specify) Agency Name: Town of Southold Police Department NClC/O.Irrrackin, Number:iNI ¥ I 0 I 0 I 0 15 I 1 15 I g I Street Address: 41405 State Rt. 25 City: Peconic State: NY Zip: 11958 Contact: Title: Captain First: Martin Last: Flatley Contact Phone: (631) 765-3115 Contact Fax: (631) 734-2315 Contact e-malE mfladey@town.southo]d.n¥.us Last FiscalYear End: [ 12/31/2008 I (~) New Participant: Read the Equitable Sharing Agreement (page 4) and sign the Affidavit (page (~ Existing Participant: Complete the Annual Certification Report, read the Equitable Sharing Agreement (page 4), and sign the Affidavit (page 5) (~ Change in Administration: Select to report change to Agency or Governing Body head DURING the current fiscal year. Read the Equitable Sharing Agreement (page 4) and sign the Affidavit (page 5). C) Amended Form: Revise the Annual Certification Report, read the Equitable Sharing Agreement (page 4), and sign the Affidavit (page 5). Annual Certification Report Summary of Equitable Sharing Activity Justice Funds Treasury Funds Beginning Equitable Sharing Fund Balance (must match 1 Ending Equitable Sharing Fund Balance from prior FY) 2 Federal Sharing Funds Received 3 Federal Sharing Funds Received from Other Law Enforcemen! Agencies and Task Forces (complete Table B, page 2) 4 Other Income Interest Income Accrued 5 Check box if non-interest-bearing account E 6 Total Equitable Sharing Funds (total of lines 1 - 5) $0.00 $0.00 7 Federal Sharing Funds Spent (total of lines a - n below) $0,00 $0.00 8 Ending Balance (difference between line 7 and line 6) $0.00 $0.00 Page 1 of 5 March 2009 Version 1.7 Summary of Shared Monies Spent Justice Funds Treasury Funds Total spent on salaries for new, temporary, not-to-exceed one year employees (See Guide to Equitable Sharing) Total spent on overtime Total spent on informant and "buy money" Total spent on travel and training Total spent on communications and computers Total spent on firearms and weapons Total spent on body armor and protective gear Total spent on electronic surveillance equipment Total spent on building and improvements Fotal spent on other law enforcement expenses (complete Fable C, page 3) Fotal transfers to other state and local law enforcement ~gencies (complete Table D, page 3) ¥ota115% Expenditures in Support of Community-based :, Programs (complete Table E, page 3) : :: Fota125% Windfall Transfers to Other Government Agencies Icomplete Table F, page 3) ¥otal spent on matching grants (complete Table G, page 3) Total $0.00 $0.00 Miscellaneous Data o Agency's budget for current fiscal year $8,969,243.57 p Jurisdiction's budget for current fiscal year $36,447,025.30 q Appraised Value of Other Assets Received Table A: Members of Task Force Agency Name Address Table B: Equitable Sharing Funds Received from other Agencies Transferring Agency Name, City, and State Date Agency Name [ NCIC/ORI/Trackinc Justice Funds Treasury Funds Page 2 of 5 March 2009 Table C: Other Law Enforcement Expenses Description of Expense Justice Funds Treasury Funds Table D: Equitable Sharing Funds Transferred to Other Agencies Receiving Agency Name, City, and State Date Agency Name NCIC/ORI/Trackin Justice Funds Treasury Funds Table E: 15% Expenditures in Support of Community-based Programs Recipient Justice Funds Table F: 25% Windfall Transfers to Other Government Agencies Recipient Justice Funds Treasury Funds Table G: Matching Grants Matching Grant Name Justice Funds Treasury Funds Table H: Civil Rights Cases Name of Case Type of Discrimination Alleged Status National [] Race [] Color [] Origin [] Gender C) Settled C) Pending [] Disability [] Age [] Other Paperwork Reduction Act Notice Under thc 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, Program Management and Strategic Planning Unit, 1400 New York Avenue, N.W., Second Floor, Washington, DC 20005. Page 3 of S March 2009 Version 1.7 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. 7. 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 page (page 5) submitted by fax. This will constitute submission to the Department of Justice and the Department of 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 (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. ~ef~retheAgenCytransferscash~pr~perty~~rpr~ceedst~~therstate~r~~ca~~awenf~rcement agencies, it must first verify with the Department of Justice or the Department of Treasury, depending on the source of the funds, that the receiving agency is a federal equitable sharing program participant and has a current Equitable Sharing Agreement and Certification on file. 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 forfeiture fund account. The Agency agrees that such accounting will be subject to the standard accounting requirements and practices employed for other public monies as supplemented by requirements set forth in the current edition of the Justice Guide and the Treasury Guide. The misuse or misapplication of shared resources or the suppJantatlon 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. & 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 S March 2009 Version 1,7 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 etseq.), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 etseq.), 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? C) Yes ® No If you answered yes to the above question, complete Table I Agency Head Governing Body Head See ¶ 2 on page ~"~' ~ See ¶ 2 on pag ~ ~,~ Signature: ~ Signature: Name: Carlisle E .E .E .E .E .E .E .E .E .E~ r a n , Ir. Name: Scott Russell Title: Chief of Police Title: Southold Town Supervisor Date: 9/28/10 Date: 9/28/10 Subscribe to Equitable Sharing Wire: The Equitable Sharing Wire Js 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 2: Click to save in XML format Step 3: E-mail the XML file to aca.submit@usdoj.gov Step 4: Fax THIS SIGNED PAGE ONLY to (202) 61 6-1344 FOR AGENCY USE ONLY Entered by Entered on O FYEnd: 12/31/2009 Date Printed: September 27, 2010 15:31 ® NCIC: NY00051S9 Agency: Town of Southold Police Department Phone: 631-765-3115 O State: NY Contact: Martin Flatley E-maih mflatley@town.southold.ny.us Page 5 of 5 April 2010