Title
District Attorney’s Office and Sheriff’s Office recommending the Board:
1) Approve and authorize District Attorney’s Office and Sheriff’s Office staff to electronically submit, on behalf of the Chair, the revised Fiscal Year (FY) 2024-25 Equitable Sharing Agreement and Certification for Federal Asset Forfeiture with the United States Department of Justice and United States Department of the Treasury, contingent upon review and approval by County Counsel; and
2) Approve and authorize the Board Chair to sign FY 2025-26 budget transfer increasing transfers out within the District Attorney’s Equitable Sharing Special Revenue Fund and increasing transfers in within the Sheriff’s Office Equitable Sharing Special Revenue Fund by $77,122 (4/5 vote required).
FUNDING: Equitable Sharing (Asset Forfeiture).
Body
DISCUSSION / BACKGROUND
On September 16, 2025, with Legistar file 25-1540, the Board approved and authorized staff to electronically submit the FY 2024-25 Equitable Sharing Agreement and Certifications for both the District Attorney and Sheriff’s Office. Following the submission of both certifications, reporting fund revenue and expenditures, and review by the Department of Justice (DOJ) administration, it was noted that funds received were under-reported by the Sheriff’s Office and over-reported by the District Attorney’s Office, each in the amount of $77,122.
Based on the discrepancy noted by DOJ, County staff discovered that funds resulting from an asset forfeiture distribution were deposited via ACH into the District Attorney’s Special Revenue Fund (Equitable Sharing account) in the amount of $77,122 instead of the Sheriff’s Office Equitable Sharing fund. The deposit was mis-coded and therefore requires a correction journal.
The enclosed budget transfer increases operating transfers out under the District Attorney’s Equitable Sharing account and increases operating transfer in under the Sheriff’s Equitable Sharing account. Following the posting of this budget transfer, a journal will be processed to transfer the funds into the correct special revenue fund. County staff shall re-submit the revised Equitable Sharing Agreement and Certifications to regain compliance status.
ALTERNATIVES
Should the Board opt not to approve staff to electronically submit the revised Equitable Sharing Agreement and Certifications and approve the enclosed budget transfer, access to federal seizure funding would no longer be available.
PRIOR BOARD ACTION
09/16/2025 Legistar file 25-1540: Board approved the Sheriff’s Office and District Attorney’s Office staff to electronically submit the fiscal Year 2024-25 Equitable Sharing Agreement and Certification for Federal Asset Forfeiture with the United States Department of Justice and United States Department of the Treasury.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Auditor’s Office
County Counsel
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
There is no impact to Net County Cost. This item is an annual filing requirement that reports actual revenues and expenditures for FY 2024-25 under the Equitable Sharing Program. The budget transfer allows for the correction of previously recorded revenue within the District Attorney’s and Sheriff’s Equitable Sharing Special Revenue Funds.
CLERK OF THE BOARD FOLLOW UP ACTIONS
Upon approval, Clerk of the Board to forward executed budget transfer to the Auditor Controller’s Office.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Undersheriff Bryan Golmitz
District Attorney Vern Pierson