The URL can be used to link to this page

Home My WebLink AboutPR 23231: PA POLICE INTERLOCAL AGREEMENT WITH JEFFERSON COUNTY DISTRICT ATTONRNEY'S OFFICE REGARDING FORFEITED PROPERTY AND CONTRABAND City of ort rthu� � www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: June 26, 2023 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager /�!' ' yF From: Timothy W. Duriso, Chief of Police RE: PR 23231 —Resolution authorizing the City Manager to allow the Police Department to execute an interlocal agreement with the Jefferson County District Attorney's Office regarding the disposition of forfeited property and contraband. 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 Jefferson County District Attorney's Office. Background: Pursuant to the provisions of Chapter 59 of the Texas Code of Criminal Procedures the Port Arthur Police Department wishes to enter into an agreement with the Jefferson County District Attorney, regarding the disposition of said forfeited property and contraband. 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 nr! rthtt�_ 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 Jefferson 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. 23231 6/29/23 JLH RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL FORFEITURE AGREEMENT BETWEEN THE PORT ARTHUR POLICE DEPARTMENT AND THE JEFFERSON COUNTY DISTRICT ATTORNEY REGARDING THE DISPOSITION OF FORFEITED PROPERTY AND CONTRABAND WHEREAS, pursuant to the provisions of Chapter 59 of the Texas Code of Criminal Procedure, the Port Arthur Police Department wishes to enter into an agreement with the Jefferson County District Attorney (DA) , regarding the disposition of said forfeited property and contraband; and WHEREAS, in consideration of the services rendered for the Port Arthur Police Department by the District Attorney' s in connection with the forfeiture of property and contraband, the DA shall receive a certain percentage of all money forfeited and a like percentage of the fair market value of any other property forfeited, whether tangible or intangible, real or personal, with said fair market value determined as of the date that said property is finally forfeited to the State; and WHEREAS, the District Attorney agrees that Port Arthur Police Department shall receive the remaining percentage of all money forfeited and the remaining percentage of the fair market value of any other property forfeited, whether tangible or intangible, real or personal; and WHEREAS, the Port Arthur Police Department requests that the City Manager be authorized to execute an Interlocal Forfeiture Agreement between the Port Arthur Police Department and the Jefferson 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 . The City Council directs the City Manager to enter into an Interlocal Forfeiture Agreement between the P.R. No. 23231 6/29/23 JLH Port Arthur Police Department and the Jefferson 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 . READ, ADOPTED AND APPROVED on this day of July, A. D. , 2023, 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: e)--0 Val Ti e o City Attorney P.R. No. 23231 6/29/23 JLH APPROVED FOR ADMINISTRATION: Ronald Burton Timothy W. Duriso City Manager Chief of Police P.R. No. 23231 6/29/23 JLH EXHIBIT "A" INTERLOCAL FORFEITURE AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This INTERLOCAL FORFEITURE AGREEMENT ("Agreement") is made and entered into by and between the Port Arthur Police Department ("PAPD"), and the Criminal District Attorney of Jefferson County, Texas, ("DA"), and supersedes all previous Interlocal Forfeiture Agreements between the parties. For good and valuable consideration hereby acknowledged by both parties hereto, and based on the mutual promises of both parties contained herein; and pursuant to the provisions of Chapter 59 of the Texas Code of Criminal Procedure ("TCCP"), Port Arthur Police Department and the DA desire to enter into an agreement regarding the disposition of said forfeited property and contraband. In consideration of the services rendered for Port Arthur Police Department by the DA in connection with the forfeiture of property and contraband, the DA shall receive a certain percentage (as detailed in Attachment A) of all money forfeited and a like percentage of the fair market value of any other property forfeited, whether tangible or intangible, real or personal, with said fair market value determined as of the date that said property is finally forfeited to the State. The DA agrees that Port Arthur Police Department shall receive the remaining percentage of all money forfeited and the remaining percentage of the fair market value of any other property forfeited, whether tangible or intangible, real or personal. The parties shall each have the duty to deal in good faith with each other to reach agreement as to the fair market value of property that is not cash, and is not auctioned. In the event of an auction, the fair market value for purposes of this Agreement shall be the net cash received as a result of the auction. The parties acknowledge that the proceeds obtained through the public auction of forfeited property may be more or less than the fair market value of the property. If Port Arthur Police Department elects to place forfeited property into service (such as a vehicle or a weapon), it shall within sixty (60) days of placing property into service notify DA, and DA shall not take a percentage of the value of that property. In addition, any court costs including costs for service will be the responsibility of Port Arthur Police Department and the DA can elect to add these costs to the next money seizure case submitted by Port Arthur Police Department. Forfeited money or property received by the DA shall be used for the official purposes of the DA's office consistent with Article 59.06 of the TCCP and other applicable state and federal laws. Forfeited money or property received by Port Arthur Police Department shall be used for official law enforcement purposes consistent with Article 59.06 of the TCCP and other applicable state and federal laws. The forgoing division of value notwithstanding, it is further specifically agreed by the parties that should special circumstances dictate that a different percentage than that set out in this agreement be awarded to the DA, that this agreement may be specifically modified by the consent of both parties, which said agreement shall be reduced to writing. Special circumstances which may warrant a different division of the value of forfeited property and contraband include, without limitation, the participation of each agency involved in the seizure, transport and storage of said property, the amount of time and effort in investigative efforts, and the amount of time and effort in preparation and trial of the civil asset forfeiture case. In the event that more than one law enforcement agency participates in the seizure of property, it shall be the responsibility of the participating law enforcement agencies to agree to a division of the value of the property between them. The DA is not obligated to share its percentage of the value of the property with cooperating law enforcement agencies. Port Arthur Police Department is responsible for obtaining a release of any lien on property to be forfeited pursuant to this Agreement. Port Arthur Police Department acknowledges that,pursuant to Article 59.04 of the TCCP, the DA must commence proceedings under this section not later than the 30th day after the date of the seizure. To facilitate this filing deadline, Port Arthur Police Department acknowledges that it must submit sufficient information to the DA to allow the DA to instigate civil asset forfeiture proceedings within ten (10) days of the seizure of any property. The DA shall promulgate forms to assist the Local Law Enforcement Agency in submitting the necessary information. Any notices, payments, statements, demands or other communications required or permitted to be given pursuant to the terms and conditions of this agreement, or as a result of this agreement, may be rendered by either party to the other through either personal delivery or by depositing same in the United States mail, properly addressed, certified mail, return receipt requested. Unless otherwise specified, this agreement shall be in effect from and after the day of its execution by each of the parties hereto, and shall govern all things seized pursuant to Chapter 59 of the TCCP and to Article 18.18 of the TCCP on or after the date of execution of this agreement by both parties. The division of all things seized before said date of execution shall be governed by the pre-existing agreements between the parties. It is the specific intention of the parties that this agreement shall automatically renew on a yearly basis. Any party intending to withdraw from this agreement may do so upon thirty (30) days written notice to the other party. In the event of forfeiture proceedings that have commenced prior to the termination date of the agreement or the notification with regard thereto, said forfeiture shall not be affected by the termination of the agreement or the notification of intended termination. Money and property shall be considered to have been finally forfeited to the State when the forfeiture judgment has become final and no motion for new trial or appeal has been taken. Disbursement of forfeited funds shall be made upon final forfeiture of the property. If lawful money of the United States is seized pursuant to the provisions of Chapter 59 of the TCCP, the DA shall deposit said funds in an account maintained for that purpose, pursuant to the TCCP. It is understood by and between the parties that the decision to settle, try, dismiss or otherwise resolve the civil asset forfeiture cause of action shall be in the sole discretion of the DA; however, the DA shall make reasonable efforts to keep Port Arthur Police Department advised as to the status and disposition of any such case consistent with all ethical duties applicable to the DA. Costs of storage, insurance, maintenance, or repair of any property seized or forfeited pursuant to this Agreement shall be at the sole cost and expense of Port Arthur Police Department, unless the parties agree to other arrangements. Executed to be effective upon signing. Port Arthur Police Department Keith Giblin Criminal District Attorney Jefferson County, Texas Date Date ATTACHMENT "A" Division of Seized/Forfeited Property The Office of the Criminal District Attorney shall receive the following percentages pursuant to this Agreement: For amounts less than $5,000: 50% For amounts of$5,000 or greater: 30% INTERLOCAL FORFEITURE AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This INTERLOCAL FORFEITURE AGREEMENT ("Agreement") is made and entered into by and between the Port Arthur Police Department ("PAPD"), and the Criminal District Attorney of Jefferson County, Texas, ("DA"), and supersedes all previous Interlocal Forfeiture Agreements between the parties. For good and valuable consideration hereby acknowledged by both parties hereto, and based on the mutual promises of both parties contained herein; and pursuant to the provisions of Chapter 59 of the Texas Code of Criminal Procedure ("TCCP"), Port Arthur Police Department and the DA desire to enter into an agreement regarding the disposition of said forfeited property and contraband. In consideration of the services rendered for Port Arthur Police Department by the DA in connection with the forfeiture of property and contraband, the DA shall receive a certain percentage (as detailed in Attachment A) of all money forfeited and a like percentage of the fair market value of any other property forfeited, whether tangible or intangible,real or personal, with said fair market value determined as of the date that said property is finally forfeited to the State. The DA agrees that Port Arthur Police Department shall receive the remaining percentage of all money forfeited and the remaining percentage of the fair market value of any other property forfeited, whether tangible or intangible, real or personal. The parties shall each have the duty to deal in good faith with each other to reach agreement as to the fair market value of property that is not cash, and is not auctioned. In the event of an auction, the fair market value for purposes of this Agreement shall be the net cash received as a result of the auction. The parties acknowledge that the proceeds obtained through the public auction of forfeited property may be more or less than the fair market value of the property. If Port Arthur Police Department elects to place forfeited property into service (such as a vehicle or a weapon), it shall within sixty (60) days of placing property into service notify DA, and DA shall not take a percentage of the value of that property. In addition, any court costs including costs for service will be the responsibility of Port Arthur Police Department and the DA can elect to add these costs to the next money seizure case submitted by Port Arthur Police Department. Forfeited money or property received by the DA shall be used for the official purposes of the DA's office consistent with Article 59.06 of the TCCP and other applicable state and federal laws. Forfeited money or property received by Port Arthur Police Department shall be used for official law enforcement purposes consistent with Article 59.06 of the TCCP and other applicable state and federal laws. The forgoing division of value notwithstanding, it is further specifically agreed by the parties that should special circumstances dictate that a different percentage than that set out in this agreement be awarded to the DA, that this agreement may be specifically modified by the consent of both parties, which said agreement shall be reduced to writing. Special circumstances which may warrant a different division of the value of forfeited property and contraband include, without limitation, the participation of each agency involved in the seizure, transport and storage of said property, the amount of time and effort in investigative efforts, and the amount of time and effort in preparation and trial of the civil asset forfeiture case. In the event that more than one law enforcement agency participates in the seizure of property, it shall be the responsibility of the participating law enforcement agencies to agree to a division of the value of the property between them. The DA is not obligated to share its percentage of the value of the property with cooperating law enforcement agencies. Port Arthur Police Department is responsible for obtaining a release of any lien on property to be forfeited pursuant to this Agreement. Port Arthur Police Department acknowledges that,pursuant to Article 59.04 of the TCCP, the DA must commence proceedings under this section not later than the 30th day after the date of the seizure. To facilitate this filing deadline, Port Arthur Police Department acknowledges that it must submit sufficient information to the DA to allow the DA to instigate civil asset forfeiture proceedings within ten (10) days of the seizure of any property. The DA shall promulgate forms to assist the Local Law Enforcement Agency in submitting the necessary information. Any notices, payments, statements, demands or other communications required or permitted to be given pursuant to the terms and conditions of this agreement, or as a result of this agreement, may be rendered by either party to the other through either personal delivery or by depositing same in the United States mail, properly addressed, certified mail, return receipt requested. Unless otherwise specified, this agreement shall be in effect from and after the day of its execution by each of the parties hereto, and shall govern all things seized pursuant to Chapter 59 of the TCCP and to Article 18.18 of the TCCP on or after the date of execution of this agreement by both parties. The division of all things seized before said date of execution shall be governed by the pre-existing agreements between the parties. It is the specific intention of the parties that this agreement shall automatically renew on a yearly basis. Any party intending to withdraw from this agreement may do so upon thirty (30) days written notice to the other party. In the event of forfeiture proceedings that have commenced prior to the termination date of the agreement or the notification with regard thereto, said forfeiture shall not be affected by the termination of the agreement or the notification of intended termination. Money and property shall be considered to have been finally forfeited to the State when the forfeiture judgment has become final and no motion for new trial or appeal has been taken. Disbursement of forfeited funds shall be made upon final forfeiture of the property. If lawful money of the United States is seized pursuant to the provisions of Chapter 59 of the TCCP, the DA shall deposit said funds in an account maintained for that purpose, pursuant to the TCCP. It is understood by and between the parties that the decision to settle, try, dismiss or otherwise resolve the civil asset forfeiture cause of action shall be in the sole discretion of the DA; however, the DA shall make reasonable efforts to keep Port Arthur Police Department advised as to the status and disposition of any such case consistent with all ethical duties applicable to the DA. Costs of storage, insurance, maintenance, or repair of any property seized or forfeited pursuant to this Agreement shall be at the sole cost and expense of Port Arthur Police Department, unless the parties agree to other arrangements. Executed to be effective upon signing. Port Arthur Police Department Keith Giblin Criminal District Attorney Jefferson County, Texas Ron Burton, City Manager City of Port Arthur Date Date ATTACHMENT "A" Division of Seized/Forfeited Property The Office of the Criminal District Attorney shall receive the following percentages pursuant to this Agreement: For amounts less than $5,000: 50% For amounts of$5,000 or greater: 30%