| ITEM #: 5. DATE: 12/06/2021 AI #:545 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | RATIFICATION OF THE FUNDED STATE AND LOCAL TASK FORCE AGREEMENT AND APPROVAL OF THE DEPARTMENT OF JUSTICE EQUITABLE SHARING AGREEMENT AND CERTIFICATION |
| STAFF PRESENTER(S): | Santiago Rodriguez, Chief of Police |
OTHER PRESENTER(S):
Lisa Maxie-Mullins, Assistant City Attorney
SUMMARY
Request to ratify the execution of the Funded State and Local Task Force Agreement with the Drug Enforcement Administration and approval of the associated Department of Justice Equitable Sharing Agreement and Certification.
Recommendation
Ratify the execution of the Funded State and Local Task Force Agreement and authorize the Mayor and the City Manager or her designee to execute the associated Equitable Sharing Agreement and Certification. (Santiago Rodriguez, Chief of Police)
FISCAL IMPACT
Any officer assigned to this task force is currently covered by the police department’s FY2022 budget. Per the agreement, the Department of Justice and DEA, subject to availability, will provide necessary funds and equipment to support the Goodyear officer assigned to the task force. Additionally, the DEA will reimburse officer overtime up to 25% in accordance with federal pay scale standards.
Additionally, the City’s participation in this task force qualifies the police department for the associated Equitable Sharing Program which allows the Department of Justice (DOJ) to allocate a portion of asset forfeitures to the City. These funds will be tracked within the existing Racketeering Influenced and Corrupt Organizations Act (RICO) object codes.
Additionally, the City’s participation in this task force qualifies the police department for the associated Equitable Sharing Program which allows the Department of Justice (DOJ) to allocate a portion of asset forfeitures to the City. These funds will be tracked within the existing Racketeering Influenced and Corrupt Organizations Act (RICO) object codes.
BACKGROUND AND PREVIOUS ACTIONS
The cooperation between federal and local task force agencies began in the 1970s. As of 2016, DEA managed 271 state and local task forces. The DEA Phoenix Task Force consists of federal and local law enforcement agents. The purpose of the task force is to disrupt drug trafficking in the State. Assigned task force members gather intelligence concerning drug trafficking, conduct undercover operations, and assist as necessary with the prosecution of criminal defendants and trafficking organizations.
STAFF ANALYSIS
The City’s participation in the DEA Task Force allows both the local and federal law enforcement agencies to share resources, intelligence information, and expertise related to trafficking of narcotics and dangerous drugs in the State. The task force agreement allows the Goodyear Police Department to participate in a task force and assign an officer to the task force.
The City’s participation in the task force will also allow the City to participate in the Department of Justice Equitable Sharing Program and receive federal forfeiture funds if available. The City’s participation Equitable Sharing Program requires the approval and execution of the DOJ Equitable Sharing Agreement and Certification which certifies the police department is in compliance with applicable nondiscrimination requirements. The Equitable Sharing Agreement also certifies that the police department will only use asset forfeiture funds for approved purposes which include support for law enforcement operations, equipment, investigations, training, and education.
On July 12, 2021, and subsequently on October 4, 2021, the task force agreement was signed by both the City and the DEA. The execution of the agreement required Council approval but was erroneously approved administratively. The task force agreement expires on September 30, 2022, but may be terminated by either party with thirty days’ advance written notice.
Staff is seeking to ratify the execution of the Funded State and Local Task Force Agreement and authorize the Mayor and the City Manager or her designee to execute the associated Equitable Sharing Agreement and Certification Affidavit.
The City’s participation in the task force will also allow the City to participate in the Department of Justice Equitable Sharing Program and receive federal forfeiture funds if available. The City’s participation Equitable Sharing Program requires the approval and execution of the DOJ Equitable Sharing Agreement and Certification which certifies the police department is in compliance with applicable nondiscrimination requirements. The Equitable Sharing Agreement also certifies that the police department will only use asset forfeiture funds for approved purposes which include support for law enforcement operations, equipment, investigations, training, and education.
On July 12, 2021, and subsequently on October 4, 2021, the task force agreement was signed by both the City and the DEA. The execution of the agreement required Council approval but was erroneously approved administratively. The task force agreement expires on September 30, 2022, but may be terminated by either party with thirty days’ advance written notice.
Staff is seeking to ratify the execution of the Funded State and Local Task Force Agreement and authorize the Mayor and the City Manager or her designee to execute the associated Equitable Sharing Agreement and Certification Affidavit.
Attachments
- DOJ Equitable Sharing Agreement and Certification Affidavit
- DEA Contract
- Equitable Sharing Program Guide
