To: Board of Supervisors
From: David O. Livingston, Sheriff-Coroner
Report Title: RATIFY the County Administrator’s execution of the SO Federal Equitable Sharing Agreement and Certification, on behalf of the Board Chair
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
RATIFY the County Administrator’s execution of the Federal Equitable Sharing Agreement and Certification, on behalf of the Board Chair, for the Office of the Sheriff’s timely reporting to the Department of Justice for federally forfeited funds, property, and interest earned revenue and its use for specific law enforcement purposes during fiscal year 2024-25.
FISCAL IMPACT:
There is no fiscal impact.
BACKGROUND:
The Federal Equitable Sharing Agreement, entered into among (1) the Federal Government, (2) the above-stated law enforcement agency (SO), and (3) the governing body head, sets forth the requirements for participation in the federal Equitable Sharing Program and the restrictions upon the use of federally forfeited cash, property, proceeds, and any interest earned thereon, which are equitably shared with participating law enforcement agencies.
By submission of this form, the Agency agrees that it will be bound by the statutes and guidelines that regulate shared assets and the following requirements for participation in the Department of Justice and Department of the Treasury Equitable Sharing Programs. Receipt of the signed Equitable Sharing Agreement and Certification is a prerequisite to receiving any equitably shared cash, property, or proceeds.
The Equitable Sharing Agreement and Certification summarizes the Office of the Sheriff's annual portion of federal asset forfeitures received, interest accrued, and funds spent. The form requires approval from both Sheriff Livingston and the Governing Body Head of Contra Costa County prior to submission. Due to the quick turnaround between the end of the fiscal year, reporting deadline of August 31, 2025, and limited August meetings, it was not feasible for the financial reporting to be brought to the Board sooner. The County Administrator signed the agreement and certification, understanding the Office of the Sheriff would request Board ratification at the next available meeting.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not approve, the Office of the Sheriff could be out of compliance and not be able to participate in the federal Equitable Sharing Program in the future.