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20-2270ORDINANCE NO.20-2270 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE. TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE UNITED STATES DEPARTMENT OF JUSTICE, DOJ, FOR PARTICIPATION IN THE FEDERAL EQUITABLE SHARING PROGRAM FOR FISCAL YEAR 2021; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton authorized the City Manager, or his designee, to enter into a Memorandum of Understanding with the United States Department of Justice for participation in the Federal Equitable Sharing Program for fiscal year 2020 (Ordinance No. 19-2033); and the City Manager executed said Agreement with the United States Department of Justice on September 17, 2019, and WHEREAS, the City of Denton and the United States Department of Justice mutually desire to enter into a Memorandum of Understanding (“MOU”) for fiscal year 2021 governing the equitable sharing requests of the Enforcement Group 1 (Dallas) Task Force and participation in the DOJ’s Equitable Sharing Program; and WHEREAS, the City desires to assign one (1) deputized Denton Police Officer to the Task Force; and WHEREAS, the City will receive an equitable prearranged sharing percentage based on the City of Denton Police Department’s overall contributions, including its law enforcement efforts resulting in federal forfeiture of assets and its investigative, financial, and administrative contributions to the Task Force, as described in this MOU; and WHEREAS, the City Council finds that this MOU is in the best interests for the safety of the citizens of the City of Denton, and that a valid governmental public purpose would be served by entering into the Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the attached MOU with the United States Department of Justice for the participation of the City’s Police Department in the Federal Equitable Sharing Program for fiscal year 2021, which is attached hereto as Exhibit “A,” made a part hereof by reference, and is hereby approved. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. *..„d.Fb'y'V=:.T+:“XI:4'di"”"'"’;"qU'=,:::=„YJ£J:„d -pp'.„.d’:: the following vote K - \ Page 1 Aye V/ ./ ./ V/ ,/ Nay Abstain Absent \/Mayor Chris Watts: Birdia Johnson. District 1 : Keely G. Briggs, District 2 : Jesse Davis. District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: -L PASSED AND APPROVED thi, th,afb day of 2020 CHRIS WA'i, MAYOR By:Interi Mayor Pro Tem Jesse Davis ATTEST: ROSA RIOS, CITY SECRETARY n\\It IIII/I/DrOF ++•••e© 1B11} 1(r : APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY qb \ i ?)• : :i ::\\{ „:m/7/c ,. FY 2021 Aset Forfeiture Sharing Agreanent Enforcement Groap I (Dallas) Denton Police Departmeat The U.S. DeparDnent af Justi% 2018 Joint Guide to Egdable Sharing for State and Local Law Enfonearent, govuns this Agreement. The State and La:aI Law Enforcanent mmrbers (the “Padicipmts”I of the DEA Enforcement Grwp I (Dallas) Task Force (the "Task Forge"), hereby 8gree to the following terms and conditions of this Manuandwn cf Understanding ('MOU) governing the Task Force’s equitable shadrB requests md puticipadon in the United States Depanmart of Justice (“DOIF’) Equitable Sharing Program. The following are the Task Force Participants and thUr contribution to the Task Force: • • e • Denton PD/One (1)TaskForceOfHcu assigned to the Task Fuce McKinney PD/ One (1) Task Fora Ofncu assigned to the Task Force Mesquite PD/ One (1) Task Fora C>fEar assigned to the Task Force Rowlett PD/ One (1 ) Task Force Officer assigned to the Task Force Participants acknowledge that equitable sharing is at the discretion of the Attorney Genual and aot guaranteed in any case. Participants acknowledge that sharing will not be awarded in a case ifvicdrns have not bmI fully aompensated, State and Local governrnent entities can be mnsid8nd victims. Participants acknowledge that the DOJ Money Laundering and Asset Recovery Section (ML ARS) will be the sole decider for 1(M pmpeny requests. Sharing percentages shall be based upon the following fonnula: Agencies with one or more full time deputized Task Force Officers (TFOs) assigned to the Task Force will receive an equitable, pnananwl sharing percentage that fairly reflects the overall agendw’ investigative, financial, oradministntive con&ibudons to the task force and/or the 8garci®’ efforts rwultiag in fedual forfeiture of the uwE including accounting for any participation by a federal agency. The maximum amount available for sharing is currently 80 pwoent of the asset value minus expenses related to the seiarQ and minus any percentages allotted for agencies not a part or rwently added to this Sharing Agreement who have also participated qumtitatively or qualitatively in the asset seiarre. The new minimurn shang amount is $500. Sharing is not automatically 80 peroent. The actual sharing amount allocated to panidpating agencies may be impacted by auarerous factas. The sharing pucentages awarded to State and Local Law Enforcemart agencies’ is based on qualitative and quantitative contributions, and is no longer deducted from the 20% faler81 share. PartidpaMS understand that if a non-MOU member rweives arl apdtable share ba god upon their contribution, then the MOU Partidpants’ shares shall be reduced pmponioaately (e. B, if non. MOU agency nwives IW6 based upon their contribution, then the MOU Participants’ perwnt8ges shall be based upon 9tH/, of the maximum amount available for sharing). P©ddp8nts fHm understand that additional adjustments may be nwessary so to ensure drat DOJ r@eives a minimum of 2®6. r Partidpants further understand that the federal deaigon-makers, including DEA on each equitable sharing request retain discretion to modify percentagu as deemed appropriate based on the facts and drutunstan®s in each case. The additional and/or departure ofParticipmtagendes and persmnel shall not require renewal of this Sharing Agnnnent. Rather, the equitable, prearranged sharing percentages shall continue to fairly nflwt Participant agencin investigative, financial, or administrative contributions to the task forge and/or the agencies’ efforts hwlting in federal forfeiture of the asset. This Sharing Agreement shall remain in force upon the addition or departure of law enforcement agarcies in the DEA Enforcement Group I (Dallas). This agrwnent shall be reviewed annually at the time %ch agency completes the State and Local Task Force Agrwment with DEA for the ooming Fiscal Year. Tennination shall be by mutual consart in writing by 811 Task Fora Participants or by the withdrawal of DEA, (the latter upon 30 days advance writennotioe naII arrrent Task Fuce Participants). It'L ate Special Agent in Charge - Dallas Field Division a/p 13636 DateR. Dixon Chief of Police Denton Police Department