REPORT TO THE CITY COUNCIL
August 31, 2017
FROM: JERRY DYER, Chief of Police
Police Department
BY: ROBERT NEVAREZ, Deputy Chief
Administrative Services Division
SUBJECT
Title
Approve the FY 16 amended and FY 17 annual participation agreements for the Federal Equitable Sharing Agreement and Certification Program for the disposition of funds forfeited in connection with a crime and authorize the City Manager and the Chief of Police to execute related documents
Body
RECOMMENDATION
It is recommended that City Council authorize the City Manager and the Chief of Police to enter into the FY 16 amended and FY 17 annual Federal Equitable Sharing Agreements for the disposition of funds forfeited in connection with a crime.
EXECUTIVE SUMMARY
The Federal Equitable Sharing Agreement Program provides local law enforcement agencies with funds derived from forfeited assets (cash and property) used in connection with a crime. The Fresno Police Department uses these funds to pay for the Skywatch program, safety equipment, and other items that are directly related to law enforcement. Authorizing the City Manager and the Chief of Police to enter into these agreements assures the City's participation in this program.
BACKGROUND
Asset forfeiture is an effective law enforcement tool the United States uses to deprive criminals of ill-gotten gains by seizing the proceeds of criminal activity and property used to facilitate crime. Seized property is shared with state and local law enforcement agencies which make substantial contributions to underlying criminal investigations. This not only deprives criminals of ill-gotten gains, but allows the proceeds to go to law enforcement for use to fight crime at the front-line level. The Department uses this funding opportunity to help address operational and equipment needs, such as the Skywatch program and safety equipment. The FY 17 Federal Equitable Sharing Agreement must be submitted annually, within 60 days of the end of each fiscal year, and City Council's authorization will provide the new agreement to be effective through June 30, 2018. The agreement must be signed by the City Manager and the Chief of Police. By signing the agreement, the signatories agree to be bound by the statutes and guidelines that regulate the program. An Amended FY 16 Federal Equitable Sharing Agreement is also being submitted due to a $300 Department of Justice carryover adjustment.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, this item does not qualify as a “project” for the purposes of CEQA
LOCAL PREFERENCE
Local preference was not implemented because this item does not include a bid or award of a construction or service contract.
FISCAL IMPACT
These funds are mandated to be used for law enforcement purposes only, and are required to enhance rather than supplant the General Fund budget. The Police Department uses this resource for the Skywatch program and other operational needs that are not funded by the General Fund.
Attachments:
FY17 Annual Equitable Sharing Agreement
FY16 Annual Equitable Sharing Agreement- Amended