HomeMy WebLinkAbout08853ORDINANCE NO. 8853
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN
THE U.S. DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT
ADMINISTRATION (“DEA”) AND THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
WHEREAS, the City Council of Pueblo has the authority on behalf of the City of Pueblo,
including its Police Department, to accept the Agreement between the aforementioned
agencies; and
WHEREAS, acceptance of the Agreement for the purposes for which it has been made
is in the best interest of the City and will benefit the health, welfare, and safety of the citizens of
the City; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement between the U.S. Department of Justice, Drug Enforcement
Administration (“DEA”) and the City of Pueblo, a Municipal Corporation, dated February 23,
2015 assigning four Police Department officers to the Task Force of the Colorado Springs
Resident Office of the DEA, a true copy of which is attached hereto, having been approved as to
form by the City Attorney, is hereby approved.
SECTION 2.
The President of the City Council is hereby authorized to execute the Agreement on
behalf of Pueblo, a Municipal Corporation, and the City Clerk is directed to affix the seal of the
City thereto and attest same.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance to effectuate the policies and procedures described
herein.
SECTION 4.
This Ordinance shall become effective immediately upon final passage.
INTRODUCED: _ February 23, 2015
BY: Chris Nicoll
PASSED AND APPROVED: March 9, 2015
City Clerk’s Office Item # R-7
Background Paper for Proposed
ORDINANCE
COUNCIL MEETING DATE:
February 23, 2015
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Chief Luis Velez – Police Department
SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE U.S.
DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION
(“DEA”) AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
SUMMARY:
The attached Agreement details the obligations and responsibilities of each entity (City of
Pueblo and DEA) in regards to the Asset Sharing Program for February 23, 2015 through
September 30, 2015.
PREVIOUS COUNCIL ACTION:
City Council has approved the same basic agreement for previous years.
BACKGROUND:
This Ordinance approves an agreement between the DEA and the City of Pueblo regarding the
Asset Sharing Program. This agreement is an extension of services that have been provided by
guidelines set in April 2009.
FINANCIAL IMPLICATIONS:
Administration of this Agreement will require staff time within the Police Department to work
cooperatively with all the DEA.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
Not Applicable
ALTERNATIVES:
This agreement is an extension of services that have been provided for a long period of time.
Without this Agreement, there will be no Asset Sharing Program.
RECOMMENDATION:
Approval of the Ordinance.
Attachments: 2014-2015 Asset Sharing Agreement
DRUG ENFORCEMENT ADMINISTRATION
DENVER FIELD DIVISION
COLORADO SPRINGS RESIDENT OFFICE
2014-15 Asset Sharing Agreement
1. This Agreement is entered into under the authority of 28 U.S.C. § 524.
2. As of December 1, 2014, the Colorado Springs Resident Office consists of eight(8) DEA
Special Agents and fifteen (15)Task Force Officers, all of whom are assigned to conduct
narcotic investigations emanating from Southeastern Colorado and participate, as well, in other
enforcement operations. The Colorado Springs Resident Office covers 23 counties in
Southeastern Colorado, which includes Interstate 25 which is a major North/South route through
Colorado.
3. Each signatory law enforcement agency shall receive a share of the net proceeds of the
federal forfeiture, in compliance with the Equitable Sharing guidelines set forth in the Guide to
Equitable Sharing for State and Local Law Enforcement Agencies(Guide), April 2009. The law
enforcement agencies that have affixed their signatures below agree that all assets seized by
Colorado Springs Resident Office of the Drug Enforcement Administration, Denver Field
Division, and forfeited under federal law, shall be distributed as follows:t
U.S. DOJ Asset Forfeiture Fund20%
Colorado Springs Police Department(6 TFOs)/ 37.33%
El Paso County Sheriffs Office (1 TFO)2
Pueblo Police Department(4 TFO) 21.32%
Pueblo County Sheriff's Office (2 TFO) 10.66%
Florence Police Department (1 TFO) 5.34%
Colorado State Patrol (1 TFO) 5.34%
4. Any non-signatory state or local law enforcement agency that directly participates in an
investigation or prosecution that results in a federal forfeiture may request an equitable share of
the net proceeds of the forfeiture. This paragraph shall apply to non-signatory law enforcement
agencies that have task force officers assigned to the Colorado Springs Resident Office on a
case-specific deputization. The remaining proceeds shall be distributed in equal share among the
signatory agencies, as detailed in Paragraph 2.
5. With regard to adoptive seizures,the law enforcement agency (whether signatory or non-
signatory) that seizes the asset and refers it to the Colorado Springs Resident Office for adoption,
generally receives 80% of the net proceeds, based on quantitative and qualitative measures,
While written sharing agreements are generally honored,an equitable sharing deciding official is not
bound by the terms of the agreement.
2 The Colorado Springs Police Department and the El Paso County Sheriff's Office,both located within El Paso
County,combine all assets under a Special Investigative Fund(SIF)that the CSPD and EPSO manage,oversee,and
disburse cooperatively.
namely, they were the seizing agency. The remaining proceeds (generally 20%of the net
proceeds) shall be distributed to the DOJ Asset Forfeiture Fund.
6. Equitably shared funds received from the federal government must be used in strict
compliance with DOJ policy, as outlined in the Guide.
7. The term of this agreement shall be from the date of signature by representatives of the
parties to September 30, 2015. Any party may withdraw from this agreement with thirty (30)
days advance written notice.
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ar.ra . Roach Date
Special Agent in Charge
Drug Enforcement Administration
Denver Field Division
C'ief Pete Carey Date
Colorado Springs Police Department
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Sheriff Tbrry Maketa Date
El Paso County Sheriff's Office
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Sheriff Kirk Tayl r Date
Pueblo County Sheriff's Office
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Chief Mike Delaurentis Date
Florence Police Department
Lt. Colone Leffler Date
Colorad• _tate P. of
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Stephen G.Nawrocki Date
President of City Council
1 City Hall Place
Pueblo, Colorado 81003