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HomeMy WebLinkAboutResolution - 2023-R0587 - FY 2024 Asset Forfeiture Sharing Agreement, US DOJ DEA - 12/05/2023Resolution No. 2023-R0587 Item No. 5.23 December 5, 2023 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, the FY 2024 Asset Forfeiture Sharing Agreement, High Intensity Drug Trafficking Area program (HIDTA) Task Force Group (Lubbock), by and between the United States Department of Justice (DOJ) and the City of Lubbock on behalf of the Lubbock Police Department, and all related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on December 5, 2023 TRAY P YN , MAYOR ATTEST: Courtney Paz, City S etary APPROVED AS TO CONTENT: t w- Gregory W. ushin, Interim Chief of Police APPROVED AS TO FO Ry• Bro e. Senior Assistant City Attorney RES.FY 2024 Asset Forfeiture Sharing Agreement HIDTA MOU 1 1.6.23 Resolution No. 2023-R0587 FY 2024 Asset Forfeiture Sharing Agreement HIDTA Task Force Group (Lubbock) Lubbock Police Department The U.S. Department of Justice, 2018 Joint Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies, governs this Agreement. The State and Local Law Enforcement members ("Participants"), of the DEA HIDTA Task Force Group (Lubbock) ("Task Force"), hereby agree to the following terms and conditions of this Memorandum of Understanding ("MOU") governing the Task Force's equitable sharing requests and participation in the United States Department of Justice ("DOJ") Equitable Sharing Program. The following are the Task Force Participants and their contribution to the Task Force: • Lubbock Police Department/Three (3) officers assigned to the Task Force • Lubbock County Sheriff s Office/Three (3) officers assigned to the Task Force • Department of Public Safety of the State of TexaslOne (1) officer assigned to the Task Force Participants acknowledge that equitable sharing is at the discretion of the Attorney General and not guaranteed in any case. Participants acknowledge that sharing will not be awarded in a case if victims have not been fully compensated. State and Local government entities can be considered victims. Participants acknowledge that the DOJ Money Laundering and Asset Recovery Section (MLARS) will be the sole decider for 100% property requests. Sharing percentages shall be based upon the following formula: Agencies with one or more full time deputized Task Force Officers (TFOs) assigned to the Task Force will receive an equitable, prearranged sharing percentage that fairly reflects the overall agencies' investigative, financial, or administrative contributions to the task force and/or the agencies' efforts resulting in federal forfeiture of the asset, including accounting for any participation by a federal agency. The maximum amount available for sharing is currently 80% of the asset value minus expenses related to the seizure, and minus any percentages allotted for agencies not a part or recently added to this Sharing Agreement who have also participated quantitatively or qualitatively in the asset seizure. The new minimum sharing amount is $500. Sharing is not automatically 80%. The actual sharing amount allocated to participating agencies may be impacted by numerous factors. The sharing percentages awarded to State and Local Law Enforcement agencies is based on qualitative and quantitative contributions, and is no longer deducted from the 20% federal share. Participants understand that if a non-MOU member receives an equitable share based upon their contribution, then the MOU Participants' shares shall be reduced proportionately (e.g., if non- MOU agency receives 10% based upon their contribution, then the MOU Participants' percentages shall be based upon 90% of the maximum amount available for sharing). Participants further understand that additional adjustments may be necessary so to ensure that DOJ receives a minimum of 20%.