Information

Type: Deliberation

Department: PAO - Prosecuting Attorney's Office

Directors' Update: May 26, 2021

Business Meeting: June 1, 2021

Summary:

This resolution creates Prosecuting Attorney's Drug Enforcement Fund No. 1610.

Under a contract finalized last year, the Lewis County Prosecuting Attorney's Office provides legal representation to the Joint Narcotics Enforcement Team (JNET) in drug forfeiture proceedings, whereby JNET is permitted to seize money or property used to unlawfully manufacture or deliver controlled substances, or proceeds from the unlawful sale of such substances.  A portion of such forfeited funds must be paid to the state, after which JNET provides a percentage of the forfeited funds to the Lewis County Prosecuting Attorney's Office for the representation.  Such funds must, by law, be used for drug interdiction efforts and cannot supplant existing funding.  Funds are anticipated to be received now that the contract is in force; this dedicated account will segregate them for audit, to prove they are used only for lawful purposes.

Publications:

Cover Letter To:

Additional Copies To: Grace Jimenez

Resolution

WHEREAS, the Joint Narcotics Enforcement Team (JNET) carries out drug enforcement activities within Lewis County, including seizure and forfeiture of assets pursuant to RCW 69.50.505; and

WHEREAS, the Lewis County Prosecuting Attorney’s Office, via contract, represents JNET in such forfeiture actions; and

WHEREAS, as compensation for these services, the Lewis County Prosecuting Attorney’s Office receives a share of the net proceeds of such actions, after the City of Centralia has properly accounted for and remitted the State of Washington’s portion of such proceeds; and

WHEREAS, such proceeds under RCW 69.50.505(10) may be used “exclusively for the expansion and improvement of controlled substances related law enforcement activity” and may not “supplant preexisting funding sources”; and

WHEREAS, a fund is needed for these proceeds to demonstrate that such proceeds are used exclusively for their lawful purposes and do not supplant existing funding; and

WHEREAS, the Board of County Commissioners has determined that it is in the public interest to establish the Lewis County Prosecuting Attorney’s Office Drug Enforcement Fund for the purposes above.

NOW THEREFORE BE IT RESOLVED  

1.  The Lewis County Prosecuting Attorney’s Office Drug Enforcement Fund No. 1610 is hereby established and created.  From time to time, it may be renumbered or reconfigured as the Auditor finds appropriate in accordance with standard accounting practices. The Fund shall be for the use and purposes enumerated in the recitals; and

NOW THEREFORE BE IT FURTHER RESOLVED  

2.  The Lewis County Prosecuting Attorney or his or her designee shall be responsible for management of the fund, including documenting that expenditures are authorized. In the event of vacancy of office of the Lewis County Prosecuting Attorney, or where the Lewis County Prosecuting Attorney is interested or otherwise incapacitated from serving, the Chief Civil Deputy Prosecuting Attorney or his or her designee, or other senior staff member of the Lewis County Prosecuting Attorney’s Office, shall be responsible for management of the fund until a new Lewis County Prosecuting Attorney is appointed or elected, or the incapacity or interest has lapsed.  If no person is responsible under this provision, the court may appointing a suitable person in the interim.

3.  The only monies that may be deposited into the fund are net proceeds forfeited pursuant to RCW 69.50.505 from which the State’s statutory portion has been removed. Such monies shall be maintained in the fund by the County Treasurer who shall invest them as allowed and required by state statute and county ordinance.  The County Treasurer shall be entitled to receipt of any interest or capital gains received, as reimbursement for expenses incurred maintaining the fund.

4.  Expenditures from the Fund may be made pursuant to warrants authorized by the Lewis County Prosecuting Attorney’s Office, as permitted by state law or county ordinance and subject to audit and supervision by the Lewis County Auditor’s Office.  The Lewis County Prosecutor’s Office shall supply documentation of the purpose of each expenditures consistent with the fund’s authorized uses as set forth herein.  Upon concurrence that the expenditure is for an authorized use, the Lewis County Auditor’s Office shall issue the warrant or otherwise facilitate the expenditure.

5.  The Lewis County Prosecuting Attorney’s Office shall be responsible for and is directed to take appropriate action to ensure that the expenditures from the fund created herein are for authorized purposes. The Lewis County Auditor’s Office may audit or otherwise supervise such expenditures as a safeguard that they are authorized.

DONE IN OPEN SESSION this 1st day of June, 2021.