Department of Police
Reference: Third Amendment to the IGA with the North Metro Task Force
To: Mayor Kenneth J. Kreutzer and Members of City Council
Through: Philip Rodriguez, City Manager
Prepared By: Paul Southard, Chief of Police
Date Prepared: September 19, 2018
PURPOSE
To provide City Council with information on a requested third amendment to Intergovernmental Agreement establishing the North Metro Task Force (NMTF) as a legal entity.
STRATEGIC FOCUS AREA
Safe, Active and Engaged Community
BACKGROUND
The purpose of the NMTF is to investigate and assist in the prosecution of individuals involved in trafficking illegal drugs in the 17th Judicial District of Adams and Broomfield counties. Member agencies are the Adams County Sheriff’s Office, and the Police Departments of Brighton, Broomfield, Commerce City, Federal Heights, Northglenn, Thornton and Westminster.
The NMTF was founded in 1991 through an Intergovernmental Mutual Aid Agreement. In 2007 the NMTF established itself as a separate legal entity through an Intergovernmental Agreement and a governing board was formed. The board is authorized to establish bylaws, policy and procedure and oversee administrative matters.
Originally the IGA provided for the NMTF to establish a forfeiture fund to receive forfeitures related to the seizure of money, personal property and real estate. By agreement these funds were used to financially support the daily operations of the task force.
The United States Department of Justice (DOJ) is responsible for the oversight and distribution of Federal asset forfeiture funds. The DOJ is proposing changes to the process of how funds will be distributed in the future. As a result the NMTF will be precluded from directly receiving proceeds. Each participating agency will now receive a portion of seizure funds as determined by the Court adjudicating the case.
This change necessitates the provisions of the IGA related to distribution of Federal Forfeiture funds be amended. Sharing of the funds with the participating agency based on the percentage already established for the annual agency contributions appears to be an equitable method for distributing Federal share funds in the future. Brighton’s current agency contribution percentage is 6.8%.
Individual agencies, rather than the Task Force, will be responsible for the timely application, receipt, expenditure and accounting for all funds that may become available as a result of Task Force operations. Funds received by Brighton must be used for law enforcement purposes.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
If the proposed amendment to the IGA is not approved share funds would revert back to the Federal government or another outside agency.
FINANCIAL IMPACT
For 2019 the City of Brighton’s NMTF assessment increased 76% to $54,516. This amount has been requested as part of the FY 2019 Proposed Budget.
STAFF RECOMMENDATION
Staff recommends approval of the IGA amendment. Failure to do so would result in the loss of any forfeiture funds due the City of Brighton.
OPTIONS FOR COUNCIL CONSIDERATION
Approve - This will allow the City to receive forfeiture funds resulting from Task Force operations.
Decline - The City of Brighton would not be entitled to forfeiture funds.
ATTACHMENTS
• The amended IGA
• Resolution