HomeMy WebLinkAboutPR 21955: INTER-LOCAL AGREEMENT BETWEEN THE PORT ARTHUR POLICE DEPARTMENT AND THE HARRIS COUTNY DISTRICT ATTORNEY'S OFFICE City of
Texas
www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: June 10, 2021
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
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From: Timothy Duriso, Chief of Police '
RE: PR 21955—Council consider a resolution authorizing the City manager to
execute all documents necessary for an inter-local agreement between the Port
Arthur Police Department and the Harris County District Attorney's Office.
Introduction:
The Port Arthur Police Department asks that the City Council authorize the City Manager to
execute all documents necessary for an inter-local agreement between the Port Arthur Police
Department and the Harris County District Attorney's Office.
Background:
The Harris County District Attorney's Office is in possession of proceeds from contraband that
was seized as part of an asset seizure case under Chapter 59 of the Texas Code of Criminal
Procedure. A portion of the proceeds is due to be shared with the Port Arthur Police
Department.
The Code of Criminal Procedure requires that a local agreement must be executed between parties
before any funds and/or property can be distributed to the law enforcement agency designated to
receive any portion of these funds and/or property.
Budget Impact:
none
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
City of
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Texas
www.PortArthurTx.gov
Recommendation:
That the City Council authorizes the City Manager to execute all documents necessary for an
inter-local agreement between the Port Arthur Police Department and the Harris County
District Attorney's Office.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.R. No. 21955
06/14/21 JH
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A LOCAL AGREEMENT WITH RESPECT TO THE
FORFEITURE OF CONTRABAND BETWEEN THE PORT ARTHUR
POLICE DEPARTMENT AND THE HARRIS COUNTY DISTRICT
ATTORNEY' S OFFICE
WHEREAS, the Harris County District Attorney' s Office is
in possession of proceeds from contraband that was seized as
part of an asset seizure case under Chapter 59 of the Texas
Code of Criminal Procedure; and
WHEREAS, a portion of the proceeds is due to be shared
with the Port Arthur Police Department; and
WHEREAS, the Code of Criminal Procedures requires that
a local agreement must be executed between both parties
before any funds and /or property can be distributed to the
Port Arthur Police Department to receive any portion of
these funds and or property; and
WHEREAS, the Port Arthur Police Department requests
that the City Manager enter into a local agreement between
the Port Arthur Police Department and the Harris County
District Attorney' s Office to receive funds and/or property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1 . That the facts and opinions in the preamble
are true and correct .
Section 2 . That the City Council directs the City
Manager to enter into the Local Agreement with Respect to the
Forfeiture of Contraband between the Port Arthur Police
Department and the Harris County District Attorney' s Office,
in substantially the same form as attached hereto as Exhibit
"A".
Section 3 . That a copy of the caption of this resolution
shall be spread upon the Minutes of the City Council .
P.R. No. 21955
06/14/21 JH
READ, ADOPTED AND APPROVED on this day of June, A. D. ,
2021, at a Regular Meeting of the City Council of the City of
Port Arthur, Texas, by the following vote: AYES:
Mayor:
Councilmembers :
NOES : •
Thurman Bill Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
l/,, -e _ Lath
Val Tizeno
City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton
City Manager
Timothy Duriso
Chief of Police
P.R. No. 21955
06/14/21 JH
EXHIBIT "A"
David Mitcham Harris County District Attorney's Office
First Assistant oL , 500 Jefferson St.,Suite 600
Houston,Texas 77002
A
60)
HARRIS COUNTY DISTRICT ATTORNEY
KIM OGG
April 12, 2021
Via Certified Mail—Return Receipt Requested
Receipt Number: 7019 2280 0000 4850 9300
Port Arthuaolice Department
Attn: Chief Timothy Duriso
645 4th Street
Port Arthur, Texas 77641
RE: Local Agreement with Respect to Forfeiture of Contraband
Dear Chief Duriso:
Enclosed please find the local agreement between the Hams County District
Attorney's Office and your agency. Chapter 59 of the Texas Code of Criminal
Procedure requires that an executed Local Agreement must be on file before any
and all funds and/or property can be distributed to the law enforcement agency
designated to receive any portion of these funds and/or property. We ask that you
please sign the enclosed agreement and return same to our office as soon as
possible.
Please contact the undersigned with any questions you may have. Thank you for
your assistance in this matter.
Sincerel
Mike Martin
Financial Specialist
Asset Forfeiture
Harris County District Attorney's Office
500 Jefferson Street, Suite 600
Houston, Texas 77002
Telephone: (713) 274-5570
Facsimile: (713) 437-4967
Email: martin_michael@dao.hctx.net
LOCAL AGREEMENT WITH RESPECT
TO THE FORFEITURE OF CONTRABAND
This writing is a local agreement and memorandum of understanding between the attorney
representing the state, hereinafter referred to as the District Attorney, and the Port Arthur
Police Department, hereinafter referred to as " 'b, pursuant to the terms and provisions of
the Texas Code of Criminal Procedure, Chapter 59.
I. DEFINITIONS
In this agreement the following definitions shall apply:
A. "Attorney representing the State" means the elected Harris County District Attorney or
any of her authorized Assistant District Attorneys.
B. "PAPD" means the agency head of the Port Arthur Police Department.
C. "Contraband", "interest holder", "owner", and "seizure" shall have the same meaning as
defined in Article 59.01, Texas Code of Criminal Procedure.
D. "Forfeitures pending" means any forfeiture matter that the District Attorney has received
notice of seizure in accordance with this agreement and has initiated a civil forfeiture
proceeding.
E. "Use Letter" means a document which sets out the agency's request as to the
disposition of property and/or the sharing of proceeds with another agency.
II. SEIZURE OF CONTRABAND
A. Notification of Seizure - When contraband is seized pursuant to Chapter 59 of the Texas
Code of Criminal Procedure by PAPD, the seizing officers shall promptly notify the
District Attorney of the seizure as follows:
1. The seizing officer shall notify the District Attorney in writing within seven days
following the seizure, either in person or by facsimile addressed to Harris County
District Attorney, 500 Jefferson Street, Suite 600, Houston, Texas 77002, Attention:
Asset Forfeiture, facsimile # (713) 437-4967. This document shall be referred to as
the "Notice of Seizure." The "Notice of Seizure" shall contain:
A. A statement under oath and notarized that contains a schedule and inventory of
the property seized pursuant to Article 59.03(c) of the Code of Criminal
Procedure and this agreement, and
B. An acknowledgment by PAPD that the listed items were seized and the reasons
those items were seized pursuant to Chapter 59 of the Code of Criminal
Procedure.
2. The "Notice of Seizure" shall be accompanied by a packet of information which will
contain the following:
A. A representation by PAPD as to whether or not the listed items are being held as
evidence pursuant to a pending criminal investigation or criminal prosecution.
B. A representation by PAPD that the listed items are to be kept and maintained at
the PAPD expense so as to protect the seized property pending final disposition
of the suit for forfeiture and distribution of the assets.
C. Notice as to the place and location where the property is presently stored and
kept, and under whose custody and control those items are maintained.
D. The name and address, if known, of the person found in possession of the
property, or if no person was found in possession of said property, the seizing
officer shall so state.
E. The name and address, if known, of the owner of the property seized, or if the
name and address of the owner is unknown to the seizing officers and by the use
of due diligence may not be reasonably ascertained, the seizing officer shall so
state.
F. The name and address, if known, of any person who claims a security interest in
the property and the amount of such interest.
G. The marital status of any person found in possession of said seized property, or
who may be claiming any interest in said property as the owner or lien holder,
and whether or not PAPD has any investigative report or records indicating that
such person has been investigated for any act of family violence as defined by
Section 71.004 of the Texas Family Code.
H. If any of the seized property is money, the seizing officer shall provide evidence
of the deposit of the funds in the Cadence Bank, 2800 Post Oak Blvd., 1st Floor,
Houston, Texas 77056, in a certificate of deposit styled "Harris County District
Attorney, Custodian for PAPD, Incident Report Number [number applicable to
seizure]".
I. If the seized property contains securities, negotiable instruments, or stocks, the
said property shall be delivered to the Office of the District Attorney, Attn: Asset
Forfeiture, 500 Jefferson Street, Suite 600, Houston, Texas 77002.
B. Disposition of Seized Property Prior to Forfeiture. All property, except money,
securities, negotiable instruments, or stocks, seized by PAPD pursuant to this
agreement and Chapter 59, Texas Code of Criminal Procedure, both tangible, real and
mixed, shall be safely kept by PAPD, under seal, and in a manner that properly protects
the seized property from damage or abuse pending final disposition of the forfeiture
action, unless otherwise ordered by the court, or subject to replevy in accordance with
Article 59.02 Texas Code of Criminal Procedure. The safekeeping shall be at the sole
cost and expense of PAPD.
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Money seized pursuant to this agreement and Chapter 59, Texas Code of Criminal
Procedure, shall be deposited by PAPD after the seizure, in the Cadence Banl ,'280Q
Post Oak Blvd., 1st Floor, Houston, Texas 77056, in a certificate of deposit or account
styled "Harris County District Attorney, Custodian for PAPD, Incident Report Number
[number applicable to seizure]". Evidence of the certificate of deposit or account shall
be furnished to the District Attorney.
Securities, negotiable instruments, or stocks seized by PAPD shall be delivered to the
Office of the District Attorney, Attn: Asset Forfeiture, 500 Jefferson Street, Suite 600,
Houston, Texas 77002.
III. DISPOSITION OF FORFEITED PROPERTY
A. Real and Personal Property - Upon a final adjudication determining that real or personal
property, other than money securities, negotiable instruments, and stocks, shall be
forfeited to the State, the District Attorney shall dispose of such property as follows:
1. The District Attorney shall transfer the forfeited property to PAPD for the official use
by the agency, if:
A. Within sixty days (60) of the date of the seizure, PAPD has given written notice
in the form of a "Use Letter" addressed and delivered to the District Attorney
that PAPD wants to use such property for official purposes; and
B. PAPD agrees to satisfy any and all storage and maintenance costs; and
C. The property is free of any interest of an interest holder, or PAPD agrees to
purchase the non-forfeitable interest of an interest holder; and
D. The District Attorney waives its 30% interest in the property pursuant to
Chapter 59 of the Texas Code of Criminal Procedure and this agreement.
2. The District Attorney may transfer said property to any agency or political subdivision
employing peace officers if:
A. PAPD has notified the District Attorney in writing that PAPD does not want to use
or operate the property and will waive PAPD's seventy percent (70%) interest in
the property pursuant to Chapter 59 of the Texas Code of Criminal Procedure
and this agreement, or
B. PAPD notifies the District Attorney within sixty (60) days of the date of seizure of
the percentage of interest that any other agency may have in the property. The
specific percentage of interest that each agency has in the property should be
included in the form of a "Use Letter" addressed and delivered to the District
Attorney, or
C. PAPD has not notified the District Attorney within sixty days (60) of the date of
seizure of PAPD's desire to use such property for official purposes in the form of
a "Use Letter" addressed and delivered to the District Attorney.
3. Three out of every ten motor vehicles may be forfeited to the District Attorney for
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official use and operation, unless expressly waived by the District Attorney's Office.
4. The District Attorney shall cause the property designated by Court order to be sold
following the date of the final judgment of forfeiture as soon thereafter as reasonably
practicable. The method of sale will be determined by the District Attorney and may be
done by auction or other means determined by the District Attorney to be a fiscally
responsible manner and in accordance with law as provided in such cases.
5. The proceeds of any sale conducted hereunder shall be distributed as follows:
A. First, to any interest holder to the extent of the interest holder's non-forfeitable
interest;
B. Next, to any court costs to which a district court clerk is entitled under Article
59.05(f), the request of citation and the perfection of service of citation; and then:
C. The remaining balance shall be distributed as follows:
(1) Thirty percent (30%) of the balance remaining shall be deposited by the
District Attorney in a special fund in the county treasury for the benefit of the
District Attorney to be used solely by said representative of the State for the
official purposes of the office as provided by Chapter 59 of the Texas Code
of Criminal Procedure.
(2) Seventy percent (70%) of the balance remaining after deducting all costs,
including but not limited to, maintenance, storage and disposal costs,
incurred by PAPD, both before and after the final judgment of forfeiture, shall
be paid by the District Attorney to PAPD for deposit by PAPD into a special
fund in the treasury of the political subdivision established for PAPD and
committed to law enforcement purposes as provided by Chapter 59 of the
Texas Code of Criminal Procedure or it will be paid to any law enforcement
agency or political subdivision employing peace officers (for their deposit in a
special fund which comports with the requirements of Chapter 59 of the
Texas Code of Criminal Procedure) that is designated by PAPD in their "Use
Letter" in the percentage designated.
B. Money, Securities, Negotiable Instruments, and Stocks - Upon a final adjudication
determining that property consisting of money, securities, negotiable instruments, and
stocks, shall be forfeited to the State, the said property shall be converted to U.S. funds
in accordance with law. The District Attorney shall then dispose of said property as
follows:
1. First, to any interest holder to the extent of the interest holder's non-forfeitable
interest;
2. Next, to any court costs to which a district court clerk is entitled under Article
59.05(f), the request of citation and the perfection of service of citation; and then:
3. The remaining balance shall be distributed as follows:
(a) Thirty percent (30%) of the balance remaining shall be deposited by the
District Attorney in a special fund in the county treasury for the benefit of the
4
District Attorney to be used solely by said representative of the State for the
official purposes of the office as provided by Chapter 59 of the Texas Code
of Criminal Procedure.
(b) Seventy percent (70%) of the balance remaining after deducting all costs,
including but not limited to, maintenance, storage and disposal costs,
incurred by PAPD, both before and after the final judgment of forfeiture, shall
be paid by the District Attorney to PAPD for deposit by PAPD into a special
fund in the treasury of the political subdivision established for PAPD and
committed to law enforcement purposes as provided by Chapter 59 of the
Texas Code of Criminal Procedure or it will be paid to any law enforcement
agency or political subdivision employing peace officers (for their deposit in a
special fund which comports with the requirements of Chapter 59 of the
Texas Code of Criminal Procedure) that is designated by PAPD in their "Use
Letter" in the percentage designated.
IV. DURATION OF THE AGREEMENT
This agreement shall be in force and effect from the date of execution by both agencies,
unless terminated by either the District Attorney or PAPD. Termination may occur by
notification of either party, in writing, stating their intentions to terminate the agreement.
Such notice shall be communicated by personal delivery to the District Attorney or to the
agency head of PAPD and shall be effective thirty days following notification. Any forfeitures
pending at the effective date of termination shall be distributed in accordance with this
agreement.
V. NOTICES
All notices shall be delivered as follows:
A. Notice of Seizure - Notice of seizure shall be served in person by PAPD by hand
delivery to the Harris County District Attomey's Office, Asset Forfeiture Division, located
on the 6th floor at 500 Jefferson Street, Houston, Texas 77002, or by facsimile
transmission to the Harris County district Attorney's Office, Asset Forfeiture Division, at
(713) 437-4967.
B. Notice of Waiver of Interest - Notice of waiver of any interest in any forfeited property
specifically detailing the forfeited property in which the party is waiving interest
hereunder shall be in writing, signed by the agency head of PAPD or by his designated
representative, or by the District Attorney or by her designated representative, as
applicable, and delivered in person, by certified mail, or by facsimile to both of the
following addresses as applicable:
1. Port Arthur Police Department 2. Harris County District Attorney
645 4th Street Attn: Asset Forfeiture
Port Arthur, Texas 77641 500 Jefferson Street, Suite 600
Fax# (409) 983-8621 Houston, Texas 77002
Fax # (713) 437-4967
C. Other Notices - Any other notices, including but not limited to, termination, agency use
of property, and willingness to discharge interest of non-forfeitable interest holder shall
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occur in accordance with V. B. above.
VI. MODIFICATION OF AGREEMENT
This writing represents the entire agreement of the parties with respect to the forfeiture of
property and controlled substances under Chapter 59 of the Texas Code of Criminal
Procedure; however, either party may modify, repeal or amend said agreement provided all
parties consent to such modification, repeal, or amendment in writing. Such modifications or
amendments may include, but are not limited to, agreements related to specific multi-agency
task force investigations or other circumstances where more than one agency employing
peace officers may be involved in a seizure. In such cases, a separate forfeiture agreement
may be devised, with the consent of all parties, and such agreement shall supercede this
agreement in the specific applicable forfeiture proceeding.
EXECUTED this Id-day of EXECUTED this day of
a r , 2021 by , 2021 by
Kim Ogg k Timothy Duriso
District Attorne / Chief of Police
`
Harris County,Texas Port Arthur Police Department
Ronald Burton
City Manager
City of Port Arthur, Texas
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