1.11 1 o iI101. 11 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND ONE (1) COPY OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Judge Tinley OFFICE: County Judge MEETING DATE: October 11, 2010 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action on Forfeiture Report for Constable, Precinct 2. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Judge Tinley ESTIMATE I LENGTH OF PRESENTATION: IF PERSO 'EL MATTER - NAME OF EMPLOYEE: Time or submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 PM previous Tuesday THIS REQUEST RECEIVED BY: THIS RQUESuT RECEIVED ON: @ .M. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Make sure any and all back up material is attached to this form. 1.... - „ 9 G � rVj Ali ATTORNEY GENERAL OF TEXAS GREG ABBOTT July 30, 2010 Constable Joel Ay. la Kerr County Const. ble Precinct 2 400 Clearwater Pa•eo #103 Kerrville, TX 780 RE: FY 2010 Ihapter 59 Asset Forfeiture Audit Reporting Form Dear Constable A ala: Enclosed is an asset forfeiture reporting form that must be filed with the Office of the Attorney General uy any law enforcement agency that has the authority to receive property forfeited under Chapter 59 of the Co 1 e of Criminal Procedure. The statutory definition of law enforcement agency includes any agency that has t e authority to hire peace officers or receive property. This report must be filed no later than the 60 day aft-r the end of your local fiscal year. The law setting out these requirements may be found in Article 59.06(:) 1t of the code. Please be aware that failure to file the required report in a timely manner may result in an au I it t �;,c by the state comptroller and that the costs of such an audit may be assessed against the agency failing o report. If you should have . ny questions, please feel free to contact me or a member of my staff at the phone numb r or e-mail address found on the last page of the reporting form. Thank you for your cooperation. Sincerely, Kent Richardson Assistant Attorne3ir General Criminal Prosecutions Division Office of the Attorney General P.O. Box 12548 Austin, TX 787111-.2548 (512)936 -1348, (5112)494 -8283 FAX kent.richardson@Oa,g.state.tx.us Renee Gray (512) 05 -8882 renee.grav@oaa.s ate.tx.us ..___....____4,- - 1O< A.,oTTm Tw a 12111,954R TFI• (5121463 -2100 WEB: WWW.OAG.STATE.TX.US FY 2010 CHAPTER 59 ASSET FORFEITURE REPORT BY LAW ENFORCEMENT AGENCY Agency Naine: "p Reporting Period: £a AfS4Ccie Ie ea- ,`2- (local fiscal year) 0 -1 -0 9 - so - /i Agency Mailing Q example: 01/01/10 to 12/31/10, Address: 1400 clear wr e✓ A-see iL )03 09/01/09 to 08/31/10 etc. KPI'U , S/. - nen - Phone Number: / g 3©) i 97-4, ( q County: '� 1 L i"✓ Email Address: This should be a I permanent agency 3 0,4 eat a tc, 7C . Cern -- ■ email address NOTE: PLEASE ROUND ALL DOLLAR FIGURES TO NEAREST WHOLE DOLLAR. I. SEIZE FUNDS A) Beginning Balance Instrugtions: Include total amount of seized funds on hand (in your agency's possession) at beginning of reporting period. Include funds that may have been forfeited but have not been transferred to your agency's forfeiture account. Do not include funds that are in an accoun( held by another agency, e.g., the District Attomey's account. $ J e B) Seizure During Reporting Period: Instru lions: Include only those seizures which occurred during the reporting period and where the seizure affidavit required by Article 59.03 is sworn to by a peace officer employed by your agency. 1) Am,unt seized and retained in your agency's custody $ (h - 2) Ambunt seized and transferred to the District Attorney pending forfeiture $ C) Amount Returned to Defendants /Respondents (If seized funds are returned to Defendants/Respondents please complete Schedule A for each case in which this applies Make gopies of the schedule and add additional sheets as necessary) $ C9 D) Ending Balance p Instruktions: Add lines A and 0(1), subtract line C, put total in line D. $ 1 -'L 33 11. FORFEITED FUNDS A) Beginning Balance Instruptions: Include total amount of forfeited funds that have been forfeited to your agency and are on hand (in your agency's account or in your agency's possession) at beginning of the reporting period including interest. Do not include funds that have been forfeited but not yet received by your agency. $ B) AmourYl Forfeited to and Received by Reporting Agency (including Interest) During Reporting Period Instru tions: Do not include amounts forfeited but not yet received by your agency; interes refers to the amount earned prior to forfeiture and distributed as part of the judgmd t of forfeiture. $ 19 "' Farm date 03 /03/10 Page 1 C) Intere$t Earned on Forfeited Funds During Reporting Period Instrt$ctions: Enter amount of interest earned on funds in your agency's forfeiture account during the reporting period. Do not include interest earned if funds are on deposit in an account that does not belong to your agency, e.g. the District Attorney's account. $ -_Ur - D) Proceeds Received by Your Agency From Sale of Forfeited Property . Matt- ctions: Include amounts received for all property sold during the reporting period, even i the subject property was forfeited in a prior reporting period. If property is returned to Def ndants /Respondents please complete Schedule A for each case in which this applies. Make opies of the schedule and add additional sheets as necessary. -- E) Total : xpenditures ofForfeited Funds During Reporting Period Instructions: From Total on Section VI. $ F) Endin;: Balance ]nstru rtiens: Add lines A through D, subtract line E, place total in line F. $ III. OTH :R PROPERTY (nstru tions: List the number of items seized for the following categories. Include only those -eizures where a seizure is made by a peace officer employed by your agency. If proper y is sold, list under "Proceeds Received by Your Agency From Sale of Forfeited Prope " in Section 11 (D) in the reporting year in which the proceeds are received. If prope y is returned to Defendants/Respondents please complete Schedule A for each case in Minh this applies. Make copies of the schedule and add additional sheets as necessary. Please note - this Should .be a number not a SEIZED FORFEITED TO RETURNED TO PUT INTO USE currency amount. Sample 4 cars seized, 3 cars AGENCY DEFENDANTS / BY AGENCY forfeited and 0 cars ut into use. RESPONDENTS 1) MOTOR VEHICLES (Include cars, motorcycles, tractor trailers, etc.) 2) REAL PROPERTY (Count each parcel seized as one item) 3) COMPUTERS ( Include computer and attached system components, sich as printers and monitors, as one item) 4) FIREARMS (Incljide only firearms seized for forfeiture under Chapt r 59. Do not include weapons disposed under Chant 18.) 5). Other Property. Description: D Other Property - Description: Other Property - Description: �) Fonn date 03 /03/10 Page 2 • • IV. rORFEITED PROPERTY RECEIVED FROM ANOTHER AGENCY Instructions: Enter the total number of items transferred to your agency where the [forfeiture judgment awarded ownership of the property to another agency prior to the ansfer. A) otor Vehicles (the number of vehicles, not acurrency amount) B) " eal Property (the number of separate parcels of property, not a currency mount) C) 1 omputers (the number of computers, not a currency amount) V D) ' ireanhs (the number of firearms, not a currency amount) 0 E) Other (the number of items, not a currency amount) 0 V. ' ORFEITED PROPERTY TRANSFERRED TO ANOTHER AGENCY Instructions: Enter the total number of items transferred from your agency where the arfeiturejudgment awarded ownership of the property to your agency prior to the transfer A) otor Vehicles (the number of vehicles, not a currency amount) V • B) eal Property (the number of separate parcels of property, not a currency amount) C) 4omputers (the number of computers, not a currency amount) D) ffirearms ( the number of firearms, not a currency amount) / E) Other (the number of items, not a currency amount) U VI. XPENDITURES 1 structions: This category is for Chapter 59 expenditures SOLELY for law e forcement purposes - not for expenditures made pursuant to your general budget. List t e total amount expended for each of the following categories. If proceeds are expended f r a category not listed, state the amount and nature of the expenditure under the Other c tegory. A) otal Salaries Paid out of Chapter 59 Funds $ 0 I. 1 crease of Salary, Expense, or Allowance for Employees (Salary Supplements) $ V 2. S lary Budgeted Solely From Forfeited Funds $ 0 3. Number of employees Paid Using Forfeiture Funds.. O B) "dotal Overtime Paid out of Chapter 59 Funds $ 1. Fpremployees Budgeted byGoverningBody $ 0 2. Fp rEmployeesBudgetedSolelyoutofForfeitureFunds $ (9 3. Numberofemployees Paid Using Forfeiture Funds C) Tbtal Equipment Paid for with Chapter 59Funds $ 0 1. Vehicles $ Q 2. Computers $ 0 3. Firearms, Vests, Personal Equipment $ Form dale 03 /03 /10 Page 3 i r� 4. Furniture $ fl 5. Software $ 0 6. Maintenance Costs $ (9 7. niforms $ (9 8. 9Related Costs $ 9. i ther(Provide Detail on Additional Sheet) • $ 0 D) Total Supplies Paid Out of Chapter 59 Funds $ 1. Gffiee Supplies $ 0 2. Cellular Air Time $ D 3. Internet $ V 4. ther(Provide Detail on Additional Sheet) $ E) otal Travel Paid Out of Chapter 59 Funds . $ 1. n State Travel ) Hotel $ 0 0 lir) Fare $ t) Meals (including per diem) $ a I I) Car Rental $ 0 2. Out of State Travel ) Hotel $ Q ) Air Fare $ 0 )Meals (including per diem) $ O )Car Rental $ O 3. uel $ (9 4. arking $ q!q'� 5. ther(Provide Detail on Additional Sheet) $ V F) _ Total Training Paid Out of Chapter 59 Funds $ 0 Fees 1. Fees(Conferences, Seminars) $ O 2. Materials (Books, CDs, Videos, etc.) $ V/y� 3. bther(Provide Detail on Additional Sheet) $ l'J G) ( Total Investigative Costs Paid Out of Chapter 59 Funds .. $ 1. Qnfonnan[Costs $ 2. I8uyMoney $ V 3. (lab Expenses $ , 4. tther(Provide Detail onAdditional Sheet) . $ O i Form dale 03/03/10 Page 4 1 1 I • • • H) Total Prevention /Treatment Programs/ Financial Assistance (pursuant to Articles 59.06 (h), 0,(, (n)) $ • I) T Facility Costs Paid Out of Chapter 59 Funds $ 0 1. B ilding Purchase $ 2. L asePayments $ D 3. R modeling $ 0 4. aintenance Costs $ • 5. U ilities 0 6. • ther (Provide Detail on Additional Sheet) $ J) Total Miscellaneous Fees Paid Out of Chapter 59 Funds $ 1. C.urt Costs $ C9 2. FilingFees $ 3. In.urance $ 4. itness Fees $ C/ 5. A dil Costs and Fees $ 6. 0 her (Provide Detail on Additional Sheet) $ V K) Total Other Paid Out of Chapter 59 Funds (provide detailed descriptions on additional $ shleet(s) and attach to this report) 0 L) TOTAL, EXPENDITURES $ Q/51 ({I NOTE: BOTH CERTIFICATIONS NEED TO BE COMPLETED, unless your agency is not governed by a Commissioner's Cpurt or City Council. Then only the Agency Head Certification needs to be completed. CERTIFICATION COUNTY JUDG or MAYOR ) (Printed Name): 1 T 7N /eel SIGNATURE: "7 DATE: /0-1 -1 0 I . I swear or affirm that/ the Commissioners Court or City Council has conducted the audit required by Article 59.06 of the Code of Criminal Pi`ocedure and that upon diligent inspection of all relevant documents and supporting materials/ I believe that this asseh; forfeiture report is true and correct and contains all of the required information. SWORN TO AND SUBSCRIBED before me this day of , 20 l Notary Public in and for the State of Texas Form date OJ /03/10 Page 5 CERTIFICATION AGENCY HEAD (Printed Name): �p{ _ J. Zr SIGNATURE: 7 DATE: Go — ( — I swear or affirm, sunder penalty of perjury, that I have accounted for the seizure, forfeiture, receipt, and spec fic expenditure of all proceeds and property subject to Chapter 59 of the Code of Criminal Procedure, and that upon dilig inspection of all reltvant documents and supporting materials, this asset forfeiture report is true and correct and cont. ins all information required by Article 59.06 of the Code of Criminal Procedure. I further swear or affirm that all expenditures reported herein were lawful and proper, and made in accordance with Texas law. SWORN TO AND''SUBSCRIBED before me this 1 day of , 20 10 j m e 5 ffZl RENCEI � c NOW: f =.1 unin AV. �er'1+'ata t7 T exa s tr i (, . ar. , ? e foL, ES o n eit "kJ E( oe, y ; litAY 1. nit -- ' ./1 l i _- Notary Pc . n and for the State of Texas I I I RETURN COMPI,ETi D FORM TO: Office of the Attorney General Criminal Prosecutions Division P.O. Box 12548 Austin, TX 78711 -2548 Attn: Kent Richardson (512)936 -1348 FAX (512)494 -8283 E- mail: kent .richardson(