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(a) BACKGROUND. Notwithstanding Section 66 of the County Administrative Code, this section establishes a District Attorney Asset Forfeiture Program, whereby the District Attorney of San Diego County may receive seized assets transferred to the District Attorney by Federal agencies as provided by the Comprehensive Crime Control Act of 1984 (21 U.S. Code Section 873 et seq.) and by the United States Attorney General's Guidelines on Seized and Forfeited Property (Paragraph III D.3.e). In addition, any moneys or tangible assets that may be received pursuant to California Health and Safety Code Sections 11470-11493 will also be included in this program, as well as asset forfeiture shared funds from other law enforcement agencies.
Such assets are those which have been seized by law enforcement agencies during the investigation of criminal activities, subsequently forfeited by judicial or administrative decision, and transferred to the District Attorney as a result of participation in acts leading to a Federal or State governmental seizure or forfeiture. These assets may include, but are not limited to, cash, real estate, motor vehicles, airplanes and boats. The program's purpose shall be to provide an added incentive to the District Attorney to join with Federal, State and other local law enforcement agencies to stem the rising tide of crime, especially illegal drug trafficking.
(b) FORFEITED CASH ASSETS. The moneys received by the District Attorney Asset Forfeiture Program established by this section, the moneys received from the sale of any seized tangible assets, and any interest thereon (pursuant to Government Code Section 53647(b)) shall be deposited into the District Attorney Asset Forfeiture Fund within the County Treasury. The moneys or tangible assets, and any interest thereon deposited into the District Attorney Asset Forfeiture Fund pursuant to the Comprehensive Crime Control Act of 1984 and the United States Attorney General's Guidelines on Seized and Forfeited Property shall be used in conformity with the Comprehensive Crime Control Act of 1984 and the United States Attorney General's Guidelines on Seized and Forfeited Property and any other applicable provisions of law. The moneys or tangible assets, and any interest thereon deposited into the District Attorney Asset Forfeiture Fund pursuant to California Health and Safety Code Sections 11470-11493 shall be used in conformity with California Health and Safety Code Section 11489 and any other applicable provisions of law. The Fund shall be used exclusively by the District Attorney and may be applied to payment of any liens or other costs of acquisition associated with the transfer of the forfeited noncash assets.
(c) FORFEITED NONCASH ASSETS. Title to all property received pursuant to this program shall be taken in the name of the County and shall vest in the County. Upon receipt of any transferred property, the District Attorney shall immediately notify the Auditor and Controller of the acquisition. The Auditor and Controller shall make the necessary entries in the County's inventory or accounting records, using the property's fair market value on the date of acquisition as determined by the Purchasing Agent. Actual custody of the property under this program shall be with the District Attorney. Whenever the District Attorney deems it necessary or expedient to sell forfeited noncash assets received, the applicable provisions of law and County policy will be followed for the disposal of such assets, except that the proceeds, if any, shall be deposited into the District Attorney's Asset Forfeiture Fund.
(d) PROGRAM ACCOUNTABILITY. The District Attorney, in cooperation with the County Auditor and Controller, shall establish regular accounting and reporting procedures in connection with the District Attorney Asset Forfeiture Program with strict accountability. A report shall be provided to the Auditor and Controller by the District Attorney, on at least an annual basis, detailing all moneys and tangible assets received, all deposits and disbursements, and such other information as the Auditor and Controller may require. The District Attorney shall establish an internal departmental Asset Forfeiture Program Review Panel to assist the District Attorney in the judicious operation of the program.
(Added by Ord. No. 7269 (N.S.), effective 3-12-87; amended by Ord. No. 9284 (N.S.), effective 1-4-01; amended by Ord. No. 10182 (N.S.), effective 1-5-12; amended by Ord. No. 10711 (N.S.), effective 2-11-21)
(a) BACKGROUND. Notwithstanding Section 66 of the County Administrative Code, this section establishes a Chief Probation Officer Asset Forfeiture Program, whereby the Chief Probation Officer of San Diego County may receive seized assets transferred to him by Federal agencies as provided by the Comprehensive Crime Control Act of 1984 (21 U.S. Code Section 873 et. seq.) and by the United States Attorney General's Guidelines on Seized and Forfeited Property (Paragraph III D.3.e) In addition, any monies or tangible assets that may be received pursuant to California Health and Safety Code sections 11470--11493) will also be included in this program, as well as asset forfeiture shared funds from other law enforcement agencies.
Such assets are those which have been seized by law enforcement agencies during the investigation of criminal activities, subsequently forfeited by judicial or administrative decision, and transferred to the Chief Probation Officer as a result of participation in acts leading to a Federal or State governmental seizure or forfeiture. These assets may include, but are not limited to, cash, real estate, motor vehicles, airplanes and boats. The Program's purpose shall be to provide an added incentive to the Chief Probation Officer to join with Federal, State and other local law enforcement agencies to stem the rising tide of crime, especially illegal drug trafficking.
(b) FORFEITED CASH ASSETS. The monies received by the Chief Probation Officer Asset Forfeiture Program established by this section, the monies received from the sale of any seized tangible assets, and any interest thereon (pursuant to Government Code section 53647(b) shall be deposited into the Chief Probation Officer Asset Forfeiture Fund. The Fund shall be used in conformity with the Comprehensive Crime Control Act of 1984 and the United States Attorney General's Guidelines on Seized and Forfeited Property and/or California Health and Safety Code Section 11489.
(c) FORFEITED NON-CASH ASSETS. Title to all property received pursuant to this program shall be taken in the name of the County and shall vest in the County. Upon receipt of any transferred property, the Chief Probation Officer shall immediately notify the Auditor and Controller of the acquisition. The Auditor and Controller shall make the necessary entries in the County's inventory or accounting records, using the property's fair market value on the date of acquisition, as determined by the Purchasing Agent. Actual custody of the property under this program shall be with the Chief Probation Officer. Whenever the Chief Probation Officer deems it necessary or expedient to sell forfeited non-cash assets received, the applicable provisions of law and County policy will be followed for the disposal of such assets, except that the proceeds, if any, shall be deposited into the Chief Probation Officer's Asset Forfeiture Fund.
(d) PROGRAM ACCOUNTABILITY. The Chief Probation Officer, in cooperation with the County Auditor and Controller, shall establish regular accounting and reporting procedures in connection with the Chief Probation Officer Asset Forfeiture Program with strict accountability. A report shall be provided to the Auditor and Controller by the Chief Probation Officer, on at least an annual basis, detailing all monies and tangible assets received, all deposits and disbursements, and such other information as the Auditor and Controller may require. The Chief Probation Officer shall establish an internal departmental Asset Forfeiture Program Review Panel to assist the Chief Probation Officer in the judicious operation of the Program.
(Added by Ord. No. 7929 (N.S.), effective 7-18-91; amended by Ord. No. 10711 (N.S.), effective 2-11-21)
Notwithstanding any other section of this Code, the County shall not contract with, and shall reject any bid or proposal submitted by, the persons or entities specified below, unless the Board of Supervisors finds that special circumstances exist which justify the approval of such contract:
(a) Persons employed by the County or of public agencies for which the Board of Supervisors is the governing body;
(b) Profit making firms or businesses in which employees described in subsection (a) serve as officers, principals, partners or major shareholders;
(c) Persons who, within the immediately preceding twelve (12) months, came within the provisions of subsection (a), and who (1) were employed in positions of substantial responsibility in the area of service to be performed by the contract, or (2) participated in any way in developing the contract or its service specifications; and
(d) Profit making firms or businesses in which the former employees described in subsection (c) serve as officers, principals, partners or major shareholders.
Contracts submitted to the Board of Supervisors or the Director of Purchasing and Contracting for approval or ratification shall be accompanied by an assurance by the submitting department, district or agency that the provisions of this section have not been violated.
(Section 67, Motor Vehicle Records Required Under Section 69 of County Charter, added by Ord. No. 1163 (N.S.), adopted 1-29-52; amended by Ord. No. 1918 (N.S.), adopted 6-30-59; amended by Ord. No. 2571 (N.S.), adopted 7-16-63, and repealed by Ord. No. 5179 (N.S.), effective 8-21-78; new Section 67, PROHIBITED CONTRACTS, added by Ord. No. 6971 (N.S.), effective 7-18-85; amended by Ord. No. 10711 (N.S.), effective 2-11-21)
The Civil Service Commission is hereby authorized, as to all matters within its jurisdiction and in accordance with the rules that it establishes, to issue subpoenas and subpoenas duces tecum and to provide for the compensation of persons subpoenaed. The president or the Executive Officer of the Commission shall sign subpoenas and subpoenas duces tecum.
(Originally codified as Art. IX, § 142; recodified as Art. III, § 68, by Ord. No. 9482 (N.S.), effective 8-15-02; amended by Ord. No. 10711 (N.S.), effective 2-11-21)
Upon the verified application of any County officer charged with the duty of collecting amounts due the County, the Board may make an order discharging such officer from further accountability for the collection of any such amount in any case as to which the Board determines that the amount is too small to justify the cost of collection or that the collection of such amount is improbable for any reason. Such order is authorization for the officer to close his books in regard to such item, but such discharge of accountability of the officer does not constitute a release of any person from liability for payment of any such amount which is due and owing to the County. The Auditor & Controller, with the approval of the Chief Administrative Officer, shall prescribe a form for the making of such application, including provision on said form for a statement of the reasons for requesting the discharge of accountability. The application in duplicate shall be made to the Board through the office of the Auditor & Controller and after its approval the original shall be filed with the Board and the copy shall be filed with the Auditor & Controller. If the Board by resolution designates the Auditor & Controller to exercise the powers set forth in this section the Auditor & Controller will semiannually provide a summary report to the Board of all accounts receivable which have been discharged under said delegation and the reason for same.
(Added by Ord. No. 1202 (N.S.), adopted 6-10-52; amended by Ord. No. 4878 (N.S.), effective 5-5-77; amended by Ord. No. 10711 (N.S.), effective 2-11-21)
The Board may by resolution establish for the head of any office or department of the County a cash difference fund and an overage fund. Any such funds shall be established, used, accounted for, reimbursed and terminated in the same manner and following the same procedure set forth in Article IV of Chapter 2, Division 3, Title 3 of the Government Code (Section 29370 and following), the provisions of which, insofar as they are applicable, are by this reference incorporated herein and made a part hereof. Any violation of this section is a misdemeanor punishable as provided in Section 19 of the California Penal Code.
(Added by Ord. No. 1262 (N.S.), adopted 12-2-52; amended by Ord. No. 2633 (N.S.), adopted 11-5-63; amended by Ord. No. 10711 (N.S.), effective 2-11-21)
State law reference(s) -- Similar provisions, Gov. Code, § 29370 et seq.; Penal Code, § 19.
If any warrant issued by the County Auditor & Controller is lost or destroyed before it is paid by the County Treasurer, the amount due may be recovered in accordance with Article 3, Chapter 5, Division 3, Title 3 (commencing with Section 29850) of the Government Code. A warrant is considered lost if it has been mailed and has not been received by the addressee within 7 days after the date of mailing as provided by Section 29853 of the Government Code.
(Added by Ord. No. 1263 (N.S.), adopted 12-9-52; amended by Ord. No. 1338 (N.S.), adopted 10-14-53; repealed by Ord. No. 2633 (N.S.), adopted 11-5-63, and new Section added by Ord. No. 3454 (N.S.), adopted 1-12-70; amended by Ord. No. 10711 (N.S.), effective 2-11-21)
State law reference(s) -- Recovery on warrants, Gov. Code, § 29850 et seq.
Notwithstanding any other section of this Code, if a public assistance warrant issued by the County Auditor & Controller is lost or destroyed before it is paid by the County Treasurer, the amount due may be recovered in accordance with Article 3, Chapter 5, Division 3, Title 3 (commencing with Section 29850) of the Government Code. A public assistance warrant is considered lost if it has been mailed and has not been received by the addressee within 5 working days after the date of mailing as provided by Section 29853.5 of the Government Code.
(Added by Ord. No. 7140 (N.S.), effective 6-26-86; amended by Ord. No. 10711 (N.S.), effective 2-11-21)
State law reference(s) -- Recovery on warrants, Gov. Code, § 29850 et seq.
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