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ITEM #: 8.
DATE: 08/28/2023
AI #:1602
CITY COUNCIL ACTION REPORT
SUBJECT:
PARTICIPATION IN DRUG ENFORCEMENT AGENCY (DEA) EQUITABLE SHARING AGREEMENT AND ANNUAL CERTIFICATION AFFIDAVIT
STAFF PRESENTER(S):
Santiago Rodriguez, Chief of Police
SUMMARY
The Agreement with the Drug Enforcement Agency (DEA) allows the City of Goodyear Police Department to partner with the DEA for drug-related investigations. As part of the task force, the Department participates in the DEA Equitable Sharing Program, which is managed by the Money Laundering and Asset Recovery Station (MLARS). MLARS requires annual certification of the Equitable Sharing Agreement and Certification Affidavit prior to allocating asset forfeiture funding to the City of Goodyear. To facilitate asset forfeiture, the Department is requesting approval of the Equitable Sharing Agreement and Certification Form affidavit.
STRATEGIC PLAN ALIGNMENT
RECOMMENDATION
Approve Drug Enforcement Agency (DEA) Task Force Agreement and Annual Certification Affidavit. (Santiago Rodriguez, Chief of Police)
FISCAL IMPACT
Any officer assigned to this task force is currently covered by the police department's FY2024 budget. Per the agreement, the Department of Justice and DEA, subject to availability, will provide the 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.
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 Influence and Corrupt Organizations Act (RICO) object codes.
BACKGROUND AND PREVIOUS ACTIONS
On October 24, 2022, Council approved the City of Goodyear Police Department to participate in the Drug Enforcement Administration (DEA) Task Force for the period of five years, ending September 30, 2026. This task force allows the Goodyear Police Department to provide one officer to assist with DEA with cases within the valley, including the City of Goodyear. If the participation in the task force results in a federal forfeiture, Department may file to receive a portion of the forfeiture.
In order to participate in the equitable sharing program, the Department must submit the Equitable Sharing Agreement and Certification (ESAC) form and affidavit to the Money Laundering and Asset Recovery Section (MLARS). Once this form has been reviewed and accepted, the Department is placed into compliance.
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, expertise related to trafficking of narcotics and dangerous drugs in the State. The task force agreement allows the Goodyear Police Department to continue to participate in the task force.
The City's continued 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.
Staff is seeking authorization for 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
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