Mendocino County Major Crimes Task Force Mendocino County Asset Forfeiture Unit July 1, 2013 MEMORANDUM or UNDERSTANDING FOR THE DISTRIBUTION or SEIZED FORFEITED FUNDS I GENERAL Mendocino County Sheriff?s Of?ce, Ukiah Police Department, Willits Police Department, Fort Bragg Police Department, the Mendocino County District Attorney?s Of?ce and California State Law Enforcement Agencies participating in the Mendocino County Major Crimes Task Force hereby continues the multi-agency endeavor under the name of Mendocino County Asset Forfeiture Unit (MCAFU). This unit may provide (1) legal services, (2) storage, placement into service, and liquidation of seized and forfeited property, (3) accounting for and distribution of funds in conjunction with the Mendocino County Auditor?s Of?ce, (4) ?nancial investigations, (5) assistance in drafting search warrants, 3-day holds and seizure orders, (6) referral to federal authorities for adoptive forfeitures and (7) any other forfeiture services as needed for the parties signing this Memorandum of Understanding, for the County of Mendocino Marijuana Eradication Team (COMMBT) and to visiting state and federal law enforcement agencies in order to maximize the deterrent effect of asset forfeiture on commercial drug traf?c and major narcotic violators. II PARTIES TO THIS AGREEMENT The parties to this agreement are as follows: Mendocino County District Attorney?s Of?ce Mendocino County Sheriff?s Of?ce Ukiah Police Department Willits Police Department Fort Bragg Police Department California State Law EnfOrcement Agencies participating in the 9511914350? DISTRIBUTION A. Deduction of Expenditures. As provided in Health and Safety Code section ll489(b)(l) the Mendocino County District Attomey?s shall be reimbursed for all expenditures made or incurred by it in connection with the sale of the property, including expenditures for any necessary costs of notice required by Section 11488.4, and for any necessary repairs, storage, or transportation of any property seized under this chapter. It is understood by the parties that all reasonable costs and expenses to processing an asset forfeiture case such as storage, towing, publishing. and repairing will be deducted from the total asset value before any distributions are made. B. Distribution of Remaining Funds. The remaining funds shall be distributed as follows: I. 2. Ten percent to the Mendocino County District Attorney?s Of?ce. Twenty-four percent to the State General Fund as required under Health and Safety Code section li489(b)(2)(C). One to the California District Attorneys Association as the qualifying non-pro?t organization under Health and Safety Code section ll489(b)(2)(D). One to the Sexual Assault/Special Investigation Fund. Sixty-four percent to be distributed as follows: A. Twenty-Five percent of this sixty-four percent to the Law Enforcement Administrators Association (LEAA) Education Fund and Regional Training Trust Fund, divided for the described purposes in the following manner: Seventy Five to the LEAA Education Fund with the actual distribution of this fund accordance with Health and Safety Code section ll489(b)(2)(A)(i) and shall be determined by a panel consisting of the Mendocino County Sheriff, District Attorney, Chief Probation Of?cer for the Mendocino County Probation Department, Ukiah Police Chief, Fort Bragg Police Chief, and Willits Police Chief. The remaining twenty five percent to the LEAA Regional Training Trust fund for ?iture development of a Regional Law Enforcement Training Facility to benefit all Law Enforcement Agencies in Mendocino County. Use of this trust will be determined by a majority vote of the members of the LEAA. B. The remainder shall be considered ?Discretionary Funds? and will be distributed to the participating agencies in the following manner: Twenty-Five percent to the Finder Agency as its finder fee. (ii) Seventy-Five percent to the six member agencies, share and share alike: Mendocino County Sheriff' 5 Of?ce Ukiah Police Department Fort Bragg Police Department Willits Police Department Mendocino County District Attorney?s Of?ce Mendocino Major Crimes Task Force When the above Seventy-Five percent totals less than $1,000.00, then the entire Seventy-Five percent will not be distributed to the above six member agencies. Instead, those sums will be distributed to the Mendocino Major Crimes Task Force and the County of Mendocino Marijuana Eradication Team (COMMET) to be divided equally among them. This sum shall be in addition to any Finder's Fee owing to COMMET. As of June 30, 2010, will no longer receive a Finders Fee for any forfeiture unless it is determined by the parties to this agreement at the time of annual review, based on an annual CPA audit of all forfeiture funds held by (CPA Audit to be completed in by June of each Fiscal Year, prior to the annual agreement review), that it is necessary to reinstate the Finders Fee for any particular case, in order to stimulate the operational needs of the (iv) When the County of Mendocino Marijuana Eradication Team (COMMET) is the Finder Agency, then the entire Seventy-?ve percent will be distributed to them instead of the ?ve founding agencies listed above. This sum shall be in addition to any Finder?s Fee owing to COMMET. When assists COMMET with an asset seizure case, will receive an equal share of distribution. IV INCLUSION OF THE CALIFORNIA HIGHWAY PATROL AND CALIFQRNIA BUREAU OF INVESTIGATION OR ANY OTHER PARTICIPATING STATE LAW ENFORCEMENT AGENCY Regarding the discretionary funds identi?ed in Part subsection of this agreement, if any participating State of California Law Enforcement Agency is the Finder Agency or participates in the investigation that results in a successful forfeiture, the signatory agencies will, based on the written request from the Local or Regional Command Level of the requesting State Agency, negotiate an equitable share of the asset forfeiture proceeds to re?ect the proportionate contribution of each agency participating in the seizure. If the agencies cannot agree, the District Attorney shall be the decisive arbitrator for the state forfeitures. For federal forfeitures, the lead federal agency?s sharing policies/procedures shall prevail. Any balance remaining of the Finder?s Fee portion shall be distributed to the ?ve founding agencies listed above. If a State Agency is a Dual Finder, the balance of Finder?s Fee after the State Agency's share shall be distributed to the co-Finder Agency. All monies disbursed to the participating State Law Enforcement Agency under this provision shall come from the Finder?s Fee portion of the Discretionary Funds. FEDERAL ASSET FORFEITURE FUNDS If federal funds from any seizure are involved, those funds will be distributed according to any federal guidelines or to the agencies speci?cally requested by the involved federal agency. Otherwise, all federal funds will be distributed equally among the six (6) agencies listed in Part of this agreement and COMMET. VI DEFINITION OF FINDER The ?Finder? is de?ned as the agency whose of?cers institute the police action that results in the seizure and forfeiture of property that generates the funds to be distributed pursuant to of this agreement. When more than one agency, excluding is involved in the initial seizure, all such agencies shall be considered ?Dual Finders? and they shall share the ?nder's funds in equal proportions. When the is the ?Finder? then no ?nder fee will be distributed and the entire amount will be distributed to the six member agencies, share and share alike. Any dispute regarding distribution of a ?nder fee will be determined by deliberation and a majority vote of the MCAFU. In the event of a tie vote the District Attorney shall be the decisive arbitrator. VII SUPPLANTING PROHIBITED All parties to this agreement are hereby made aware that no seized and forfeited funds may be used to supplant any federal, state, or local funds that would, in the absence of a forfeiture under state and federal forfeiture laws, be made available to support law enforcement or prosecutorial efforts. AGREEMENTS WITH OTHER AGENCIES It is not the intention of any of the parties to exclude any other law enforcement agency from participating in this endeavor or to exclude them from sharing the funds derived from forfeiture. The Mendocino County Asset Forfeiture Unit is directed to make and sign a written agreement controlling the distribution of discretionary funds with any and all agencies or entities not named herein before taking any action in forfeiture cases involving those agencies not named herein. If any such agreement is contrary to state or federal law. it shall be deemed void and unenforceable. IX LENGTH OF AGREEMENT This Memorandum of Understanding is to remain in effect for one year from the date that the last agency executes this document and may be modi?ed or extended by a unanimous vote of the MCAFU. This MOU will be reviewed annually by the Executive Board during the annual budget review. SUPERSEDES ALL OTHER AGREEMENTS The parties agree that this Memorandum of Understanding supersedes all other agreements on the subject of distribution of funds derived from forfeitures. The parties further agree that there are no other agreements in effect, oral or written, and that the Mendocino County Asset Forfeiture Unit is to implement these provisions forthwith. XI CON LUSION This agreement becomes effective on the date the East signing agency representative signs his or her name. This agreement will remain in effect until changed by agreement of the Law Enforcement Assistance Administrators Board. Dated: Dated: ?7/9/49 Dated: 5iin-0?2??D CHIEF, UKIAH PQMCE DEPARTMENT Dated: $7 CHIEF a? 11%ij DEPARTMENT Dated: Ag; II was Dated; 6 21// 6 Mew 7/14/er AGENT IN CHARGE, SAN FRANCISCO OFFICE, BUREAU on ZNVESTIGATION axe/e a co,? HIGHWAY an AND GARBERVILLE AREA RENT SHAW, Chief Bureau of Investigation California Department of Justice zi/ ia Department of Justice 5 - . . .ALLACE, Director of Law Enforcement DAVID HAPER, Assistant Director Division of Administrative Support California Department of Justice (Mt/awe Date [?013 Date Date