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HomeMy WebLinkAboutCOM 0755.000 1998-2000 yYY Os q Stephen K. Yamashiro Harry A. Takahashi may., Director S. K. Schutte ref O Deputy CG f,. Countp of T"abnatt DEPARTMENT OF FINANCE r 25 Aupuni Sheet, Room 118 • Hilo, Hawaii 96720-4252 (808) 961-8234 • Fax(808)%1-8248 April 20, 2000 Honorable James Arakaki, Chairperson and Members of the County Council Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Resolution Enclosed is a resolution to authorize the Mayor to enter into an agreement with the U. S. Department of Justice, Asset Forfeiture and Money Laundering Section, for a federal equitable sharing agreement. The department would like this resolution to be heard at the Hawaii County Council meeting to be held on May 3, 2000. If there are any questions, please do not hesitate to call the Hawai'i County Police Department. Harrygah shi Director n cc APPROVED: Stephen K. amashiro Mayor Enc. Res. 'a 5-0 - 00 Comm. No. 7?~ File No- TO:- Date ~yUHG l~ 1:aF. APR 2 5 2000 3z3<f ~ Federal Equitable Sharing Agreement `avAUDTHRUS6PT S M30, 2002•c LawEnforcementAgency: HAWAII OaZTrY POLICE DEPARTMENT OCheck ifNewpartmctpan © Police Department O SherifTsOffice/Deparmtent O TaskForce' O Prosecutor's Office O Other Contact Person: Gary Maesato E-mailAddress: MallingAddress: 349 Kapiolani Street Hilo HI 96720 (Street) (City) (State) (Zip Code) Telephone Number: ( 808 ) 961-2274 Fax Number: ( 808 ) 961-2390 Agency Fiscal Year Ends on: June 30, 1999 NCIC/ORI/Tracking No.: (Month/Day) This Federal Equitable Sharing Agreement entered into among (1) 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 rash, 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 SharingAgreement and the Federal Annual Certification Report must be submitted to both the Department of Justice and the Department 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. Asset Forfeiture and Money Laundering Section Executive Office forAsset Forfeiture U.S. Department ofJustice/ACA Program U.S. Department of the Treasury P.O. Box 27768 74015thStreet, N.W., Suite 700 Washington, D.C. 20038 Washington, D.C. 20220 E-mail address: program.aca@usdoj.gov E-mail address: treas.aca@teoaftreas.gov Fax: (202)616.1344 Far. (202)622-9610 2. Signatories. This agreement 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 ojthe signed agreement is a prerequisite to receiving any equitably-shared cash, property, or proceeds. 3. Uses. Any shared asset shall be used for law 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. Any and all requests for a change in the use of cash, property, or proceeds from that specified in the equitable sharing request must be submitted in writing to the appropriate agency shown in item 1. 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 Department of Justice and the Department of the Treasury. If there is no agreement on file, the undersigned law enforcement agency must obtain one from the receiving agency, and forward it to the appropriate department shown in item 1. A list of recipients, their addresses, and the amount transferred must be attached to the Federal Annual Certification Report. 5. Internal Controls. The parries 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 ' Attach list of member agencies with their addresses and indicate lead agency. with federal equitable sharing fimda "the tecipiest agency shall'eatabtiah mate sevemte account or accounting code for state, local, Department of Justice, and the Department of the Treasury forfeiture funds. Interest income generated must be deposited 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 Federally Forfeited Properry for State and Local Law Enforcement Agencies (Justice Guide), and the Department of the Treasury's Guide to Equitable Sharing for Foreign Countries and Federal. State, and Local Lau 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 misuse or misapplication of shared resources or the supplantation of existing resources with shared assets is prohibited. Failure to comply with any provision ofthis 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 1) and a copy to the U.S. Attorney in the district in which the recipient agency is located. The certificationin=besubmitted inaccordance with theinstructions received from the respective departments or as outlined in the Justice or Treasury Guides. Receipt of the certifrcadon report is a prerequisite, to receiving any equitably-shared cash, properly, or proceeds 7. 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 the Department of the Treasury reserve the right to conduct periodic random audits. 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? 0 Yes ® No (If you answered yes, attach relevant information. See instructions.) Are there pending in a federal or state court, or before anyfederel or state administrative agency, proceedings against your agency alleging discrimination? 0 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: Tide VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d etseq. Title IX ofthe Education Amendments of 1972 (20 U.S.C. § 1681 etseq. Section 504 ofthe 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. Under penalty of perjury, 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. b Name (Print o James S. CORRF.A Date 03-28-00 Name (Print or Type) Dale Law Enforcement Agency Head or Authorized Representative Goveming Body Head or Authorized Representative (Signature) (Signature) Title (Print or Type) Title (Prim or Type) This form is subject to the Freedom of Information Act and may be released to requests under 5 U.S.C. § 552. JAMES Y. ARAKAKI "O' AARON S.Y. CHUNG Chairman & Presiding Cicer " BOBBY JEAN LEITHEAD-TODD LENINGRAD ELARIONOFF AL SMITH JULIE JACOBSON Vice Chairman • ...NANCY PISICCHIO J. CURTIS TYLER, III DOMINIC YAGONG COUNTY COUNCIL County ofHawai'i Hawaii County Building _ 25 Aupuni Street Hilo, Hawaii 96720 April 25, 2000 - James Y. Arakaki, Chair Hawai'i County Council 25 Aupuni Street Hilo, Hawai'i 96720 RE: Resolution No. 250-00 Authorizing the County of Hawaii to enter into an agreement with the United States of America, Pursuant to HRS 46-7, for a Federal Equitable Sharing Agreement. Pursuant to Section 1(e) of Rule 4 of the Rules of Procedure of the Council of the County of Hawai'i, this written request is submitted with my approval that the above-referenced matter be waived from the Committee on Finance to the full Council for immediate action. In reviewing this matter, timely approval is crucial. It is therefore advantageous that approval is granted and the matter placed onto the next Council agenda for review. However, in the event this request is denied, for whatever reason, I understand the matter shall be referred to the Committee on Finance for placement on its future agenda. Sincerely, Aaron S.Y. Chung, Chair Committee on Finance Approved/Date/Waive Council: Disapproved/Date/Refer to FC: J s . Arakaki, Chair James Y. Arakaki, Chair Ha i'i County Council Hawai'i County Council