ORDER NO. 31834 FORFEITURE REPORT FOR CONSTABLE PRECINCT 3 Came to be heard this the 27th day of September, 2010, with a motion made by Commissioner Letz, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4 -0 -0 to: Approve the Forfeiture Report for Constable Precinct 3. I `� 31 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: September 27, 2010 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action on Forfeiture Report for Constable, Precinct 3. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Judge Tinley ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER - NAME OF EMPLOYEE: Time for 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 RQUEST 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. FY 2010 CHAPTER 59 ASSET FORFEITURE REPORT HY LAW ENFORCEMENT AGENCY Agency Name: Kerr County Constable Pct3 Reporting period: 09/01/09 /08/31/10 (local fiscal year) Agency Mailing 700 Main BA 102 example: 01/01/10 to12 /31/10, Address: 09/01/09 to 08/31/10 etc. Kerrvile, Tx. 78028 Phone Number: 830 - 792 - 2240 County: Kerr Email Address: agarza @co.kerr.tx.us This should bea permanent agency email address NOTE: PLEASE ROUND ALL DOLLAR FIGURES TO NEAREST WHOLE DOLLAR. SEIZED FUNDS A) Beginning Balance Instructions: 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 1,070.42 account held by another agency, e.g., the District Attorney's account. $ B) Seizures During Reporting Period: Instructions: 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) Amount seized and retained in your agency's custody $ 0.00 2) Amount seized and transferred to the District Attorney pending forfeiture $ 0.00 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 copies of the schedule and add additional sheets as necessary) $ 0.00 D) Ending Balance Instructions: Add lines A and B(1), subtract line C, put total in line D. $ 11. FORFEITED FUNDS A) Beginning Balance Instructions: 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 • f • orfeited but not yet received by your agency, $ 0.00 B) Amount Forfeited to and Received by Reporting Agency (Including Interest) During Reporting Period Instructions: Do not include amounts forfeited but not yet received by your agency; interest refers to the amount earned prior to forfeiture and distributed as part of the judgment of forfeiture. $ 0.00 Form date 0310340 Net C) Interest Earned on Forfeited Funds During Reporting Period Instructions: 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. $ 0.00 D) Proceeds Received by Your Agency From Sale of Forfeited Property Instructions: Include amounts received for all property sold during the reporting period, even if the subject property was forfeited in a prior reporting period. If property is returned to Defendants/Respondents please complete Schedule A for each case in which this applies. Make copies of the schedule and add additional sheets as necessary. $ 0.00 E) Total Expenditures of Forfeited Funds During Reporting Period 0.00 Instructions: From Total on Section VI. $ F) Ending Balance Instructions: Add lines A through D, subtract line E, place total in line F. $ 0.00 111. OTHER PROPERTY Instructions: List the number of items seized for the following categories. Include only those seizures where a seizure is made by a peace officer employed by your agency. If property is sold, list under "Proceeds Received by Your Agency From Sale of Forfeited Property" in Section 11 (D) in the reporting year in which the proceeds are received. If • property is returned to Defendants/Respondents please complete Schedule A for each case in which 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. Example 4 cars seized, 3 cars AGENCY DEFENDANTS / BY AGENCY forfeited and 0 cars put into use. RESPONDENTS • • 1) MOTOR VEHICLES (Include cars, motorcycles, 0 • • tractor trailers, etc.) • 2) REAL PROPERTY (Count each parcel seized as one item) 0 3) COMPUTERS (Include computer and attached system components, such as printers and monitors, as 0 one item) 4) FIREARMS (Include only firearms seized for forfeiture under Chapter 59. Do not include weapons 0 '.disposed under Chapter IS.) 5) Other Property - Description: 0 Other Property - Description: 0 Other Property - Description: 0 • • Fonn date 03/03/10 Page 2 IV. FORFEITED 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 transfer. A) Motor Vehicles (the number ofvehicles, not acurrency amount) 0 B) Real Property (the number of separate parcels of property, not a currency amount) 0 C) Computers (the number of computers, not a currency amount) 0 0) Firearms (the number of firearms, not a currency amount) 0 E) Other (the number of items, not a currency amount) 0 V. FORFEITED PROPERTY TRANSFERRED TO ANOTHER AGENCY • Instructions: Enter the total number of items transferred from your agency where the forfeiture judgment awarded ownership of the property to your agency prior to the transfer A) Motor Vehicles (the number of vehicles, not a currency amount) 0 B) Real Property (the number of separate parcels of property, not a currency amount) 0 C) Computers (the number of computers, not a currency amount) 0 D) Firearms ( the number of firearms, not a currency amount) 0 E) Other (the number of items, not a currency amount) 0 Vl. EXPENDITURES Instructions: This category is for Chapter 59 expenditures SOLELY for law enforcement purposes - not for expenditures made pursuant to your general budget. List the total amount expended for each of the following categories. If proceeds are expended for a category not listed, state the amount and nature of the expenditure under the Other category. A) Total Salaries Paid out of Chapter 59 Funds $ 0 1. Increase of Salary, Expense, or Allowance for Employees (Salary Supplements) $ 0 2. Salary Budgeted Solely From Forfeited Funds - $ 0 3. Number ofemployees Paid Using Forfeiture Funds' 0 B) Total Overtime Paid outofChapter 59 Funds $ 0 1. Foremployees Budgeted byGoverning Body - $ IJ 2. For Employees Budgeted Solely outof Forfeiture Funds $ 0 3. Number ofemployees Paid Using Forfeiture Funds 0 C) Total Equipment Paid for with Chapter59 Funds $ 0 I. Vehicles $ 0 2. Computers $ 0 3. Firearms, Vests, Personal Equipment $ 0 Fmm dale 03/03/10 Page 3 • • . , 4. Furniture $ 0 ,_..___,___ 5. Software $ 0 --.________ 6. Maintenance Costs $ 0 7. Uniforms $ 0 ..._._._____. 8. K9 Related Costs • $ 0 9. Other (Provide Detail on Additional Sheet) $ 0 D) Total Supplies Paid Out of Chapter 59 Funds $ 0 _.____,_____ I. Office Supplies $ 0 ____________-- 2. Cellular Air Time $ 0 ____________ 3. Internet $ 0 4. Other (Provide Detail on Additional Sheet) $ 0 E) Total Travel Paid Out of Chapter 59 Funds $ 0 I. In State Travel a)Hotel $ 0 b)Air Fa _..._.______— re $ 0 c) Meals (including per diem) - --- 9 ---.---- 1 d) Car Rental ---- 2. Out of State Travel a)Hotel $ 0 ___________—__ b) Air Fare $ 0 .__________ c)Meals (including perdiem) $ 0 d)Car Rental $ 0 _,._._____ 3, Fuel $ 0 4. Parking $ 0 r : ' - ___________._ I 5. Other (Provide Detail on Additional Sheet) $ 0 F) - Total Training Paid Out ofChapfer 59 Funds -• $ 0 I. Fees (Conkrences, Seminars) $ 0 2. Materials (Books, CDs, Videos, etc.) $ 0 3. Other (Provide Detail on Additional Shee() $ 0 G) Total Investigative Costs Paid Out of Chapter 59 Funds $ 0 _.__________ I. Informant Costs $ • 2. Huy Money $ 0 —__________ 3. Lab Expenses $ 0 4. Other (Provide Detail on Additional Sheet) $ 0 Form date 03/03/10 Pose 4 H) Total Prevention /TreatmentPrograms/ Financial Assistance (pursuant to Articles 59.06 (h), 0 (0, (.), (n)) $ • 1) Total Facility Costs Paid Out of Chapter 59 Funds $ 0 1. Building Purchase $ 0 2. Lease Payments $ 0 3. Remodeling $ 0 4. MaintenanceCosts $ 0 5. Utilities $ 0 • 6. Ot her (Provide Detail on Additional Sheet) $ 0 1) Total Miscellaneous Fees Paid Out of Chapter 59 Funds $ 0 1. Court Costs $ 0 2. Filing Fees $ 0 3. insurance $ 0 4. Witness Fees $ 0 5. Audit Costs and Fees $ 0 6. Other (Provide Detail on Additional Sheet) $ 0 K) Total Other Paid Out of Chapter 59 Funds (provide detailed descriptions on additional $ sheet(s) and attach to this report) 0 L) TOTAL EXPENDITURES $ 0 NOTE: BOTH CERTIFICATIONS NEED TO BE COMPLETED, unless your agency is not governed by a Commissioner's Court or City Council. Then only the Agency Head Certification needs to be completed. • CERTIFICATION COUNTY 1101DGE ors MAYOR+ (Printed Name): 1 / N—g SIGNATURE: • • DATE: cD 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 Procedure and that upon diligent inspection of all relevant documents and supporting materials, 1 believe that this asset forfeiture report is true and correct and contains all of the required information. SWORN TO AND SUBSCRIBED before me this day of 20 Notary Public in and for the State of Texas Form date 03/03/10 Page 5 • CERTIFICATION AGENCY HEAD (Printed Name): Angel Garzy} / SIGNATURE: (1- r / ( DATE: -' /- 1 1 -- 1 swear or affirm, under penalty of perjury, that 1 have accounted for the seizure, forfeiture, receipt, and specific expenditure of all proceeds and property subject to Chapter 59 of the Code ofCriminal Procedure, and that upon diligent inspection of all relevant documents and supporting materials, this asset forfeiture report is true and correct and contains 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 2 ( — day ofDr -P rd . &' 20 . ir t MISTY SMITH NOTA8cP E xxi TE , +; COMMISSION EMOipf; / ; 1 " 07 27-20 / 1 Notary Public in and for the State of Texas RETURN COMPLETED 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: ILent.richnrdson ii oag.state.lx.us Faun date 03/03/10 Page 6 SCHEDULE A SEIZED FUNDS AND PROPERTY RETURNED TO DEFENDANTS / RESPONDENTS CAUSE OR CASE NUMBER: None DATE OF SEIZURE: PROPERTY SEIZED: DATE FUNDS OR PROPERTY RETURNED: AMOUNT RETURNED OR PROPERTY RETURNED: REASON RETURNED: SCHEDULE A SEIZED FUNDS AND PROPERTY RETURNED TO DEFENDANTS / RESPONDENTS CAUSE OR CASE NUMBER: None DATE OF SEIZURE: PROPERTY SEIZED: DATE FUNDS OR PROPERTY RETURNED: AMOUNT RETURNED OR PROPERTY RETURNED: REASON RETURNED: SCHEDULE A SEIZED FUNDS AND PROPERTY RETURNED TO DEFENDANTS / RESPONDENTS CAUSE OR CASE NUMBER: None DATE OF SEIZURE: PROPERTY SEIZED: DATE FUNDS OR PROPERTY RETURNED: AMOUNT RETURNED OR PROPERTY RETURNED: REASON RETURNED: Form date 03703/10 Page