DATE: August 6, 2024
TO: Board of Supervisors
SUBMITTED BY: John Zanoni, Sheriff-Coroner-Public Administrator
SUBJECT: Retroactive Application/Agreement with Department of Justice Drug Enforcement Administration - Drug Cannabis Eradication Suppression Program
RECOMMENDED ACTION(S):
TITLE
1. Retroactively authorize the Sheriff’s previous submittal of a Drug Cannabis Eradication Suppression Program application to the U.S. Department of Justice, Drug Enforcement Administration;
2. Approve and authorize the Chairman to execute retroactive Letter of Agreement and Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements and Assurances, effective October 1, 2023 through September 30, 2024 ($250,000);
3. Authorize the Sheriff-Coroner-Public Administrator, or his designee, to act as the official representative of the County of Fresno, as required by the granting agency, to act in connection with the application and to provide such additional information as may be required pursuant to the Drug Cannabis Eradication Suppression Program; and
4. Approve and authorize the Clerk of the Board to execute Budget Transfer No. 28 transferring appropriations within the Sheriff-Coroner-Public Administrator’s Org 3111, from Account 6300 (Overtime) ($30,655) and 6500 (OASDI Contribution) ($2,345) to Account 8300 (Equipment) for the purchase of one cannabis testing machine.
REPORT
There is no increase in Net County Cost associated with the recommended actions. The Sheriff’s Office submitted the Drug Cannabis Eradication Suppression Program (DCESP) application on August 14, 2023 to meet the Drug Enforcement Administration (DEA) of the United States Department of Justice (DOJ) requirements, contingent on your Board’s approval. The DEA of the United States DOJ has awarded funding to the County of Fresno in the amount of $250,000, for the period of October 1, 2023 to September 30, 2024, to defray costs relating to the eradication and suppression of illicit cannabis. The fourth recommended action approves the transfer of funds for the purchase of one cannabis testing machine. This item is countywide.
ALTERNATIVE ACTION(S):
If your Board does not approve the recommended actions, the DCESP funds would be denied, which would impact the Sheriff’s Office ability to eradicate and suppress illicit cannabis.
RETROACTIVE AGREEMENT:
On April 25, 2024, the Sheriff’s Office was notified by the DEA of the United States DOJ of the award; however, the purchase of any equipment utilizing this grant funding must be pre-approved by the DEA and was subsequently approved on June 11, 2024. The application and Letter of Agreement (LOA) are being brought to your Board on the first available Board date. The funding period of the LOA began on October 1, 2023.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions. The Sheriff’s Office was allocated $250,000 through September 30, 2024.Approval of the fourth recommended action will transfer FY 2024-2025 appropriations within Org 3111 from Account 6300 (Overtime) and 6500 (OASDI) to Account 8300 (Equipment) for the purchase of one cannabis testing machine. Sufficient appropriations and estimated revenues are included in the FY 2024-25 Requested Budget for Sheriff Org. 3111 for this program. There is no match requirement for receipt of the funds. Monies will be used to fund operational costs, as well as Deputy overtime while Deputies are directly engaged in the illicit cannabis eradication process.
DISCUSSION:
The County has received funding through this program since 2006 to fund Deputy overtime and other direct costs relating to the eradication and suppression of illicit cannabis plants. On February 28, 2023, your Board approved the Department of Justice Drug Enforcement Administration - Drug Cannabis Eradication Suppression Program Application/Agreement in the amount of $230,000 effective from October 1, 2022 through September 30, 2023. On July 24, 2023, the DEA of the United States DOJ forwarded the current year application to the Sheriff’s Office to apply for funding to investigate, locate and eradicate illicit cannabis plants. The application was submitted on August 14, 2023, to meet the application deadline, contingent on your Board’s approval. On April 25, 2024, the Sheriff’s Office was notified the application was approved in the amount of $250,000 for the period of October 1, 2023 through September 30, 2024.
The County’s FY 2025 DCESP funding of $250,000 will allow the Sheriff’s Office to continue to combat the illegal cultivation and trafficking of marijuana on private, public, agricultural and forest land, and continue its efforts to investigate growers who use the medical marijuana laws as a guise to grow marijuana for profit in Fresno County. Monies will be used to fund operational costs, as well as Deputy overtime while Deputies are directly engaged in the illicit cannabis eradication process.
The LOA contains indemnification language that is not the County’s standard indemnification language. The LOA also requires the County to take responsibility for all liability resulting from the County’s activities related to the LOA. Given the value of the LOA, the Sheriff recommends accepting the LOA as written. In addition, Risk Management has reviewed the LOA and finds it acceptable.
The LOA requires that the County attest to certifications including a Lobbying certification, a Debarment, Suspension, and Other Responsibility Matters certification, and a Drug-Free Workplace certification.
The Assurances contain language requiring that a resolution, motion or similar action be duly adopted or passed as an official act of the applicant’s governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the Sheriff or his designee as the official representative of the applicant to act in connection with the application and to provide such additional information. The Sheriff understands that the authority granted by the third Recommended Action is limited, and does not extend to substantial changes in the nature of the recommended agreement, assurances, or certifications.
The fourth recommended action will approve budget transfer number 28 for the purchase of one cannabis testing machine. Costs to purchase the cannabis testing machine will be transferred from the overtime/OASDI accounts within grant Org. 3111; this amount will reduce the cap of what can be reimbursed through third-party funding for overtime utilized in cannabis eradication activities but will not be exceeded. The Sheriff’s Office received approval by the grant on June 11, 2024 to purchase one cannabis testing machine to assist Detectives in the field in determining THC content of suspected illicit cannabis and/or concentrate to determine if eradication efforts or criminal charges are appropriate.
REFERENCE MATERIAL:
BAI #25, February 28, 2023
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - LOA with United States DOJ DEA
On file with Clerk - Budget Transfer No. 28
CAO ANALYST:
Nai Fine