APDPROPERTYMOU090717.PDF

Maricopa County — Formal (2017-10-04)

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MEMORANDUM OF UNDERSTANDING
BETWEEN
MARICOPA COUNTY, ACTING THROUGH AND ON BEHALF OF
THE MARICOPA COUNTY SHERIFF'S OFFICE,
AND
THE ADULT PROBATION DEPARTMENT OF MARICOPA COUNTY
C-50-18-___-3-00
THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is entered into by and
between Maricopa County, acting through and on behalf of the Maricopa
County Sheriff's Office (“SHERIFF”) and the Adult Probation Department, a
division of the Superior Court of the State of Arizona (“APD”).
This MOU is effective October 1, 2017, and will continue until terminated as set
forth herein. This MOU is intended to formalize the relationship between SHERIFF
and APD regarding Property obtained by APD employees in the course of their
duties. It recognizes processes for: 1) the storage, retrieval and disposal of
evidentiary items; 2) the safekeeping of found items, and 3) the destruction of
items.
WHEREAS APD seeks a qualified, appropriate, and economical Property
handling service for items obtained in the course of probationary duties.
WHEREAS SHERIFF has the facilities and personnel necessary to meet
these needs.
NOW THEREFORE, APD and SHERIFF mutually understand the following:
I. Definitions:
A full list of definitions is listed in SHERIFF Policy GE-3, Property Management and
Evidence Control (“Policy GE-3”), attached hereto and incorporated herein by this
reference. APD and the SHERIFF agree that the processes and duties set out in this
MOU will be amended to conform to any future revisions to Policy GE-3.
Chain of Custody: The complete and sequential documentation of all persons having
control over an article of physical evidence between the time collected and when it is
offered into evidence at a judicial proceeding. This documentation consists of the names
and serial numbers of all employees assuming control of the evidence, and the dates,
times, and places the control is assumed or transferred.
Dispose: The transfer of property by its return to the owner, sale, conversion or
destruction, or by any other means of disposal.
a. Auction: The legal sale of property from which the proceeds shall be
paid to a general fund of the jurisdiction.
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b. Destruction: The physical demolition of property, rendering it useless.
c. Diversion: The process by which the ownership of abandoned, forfeited,
or unclaimed property, that has a useful value to the Office, is legally
transferred to the Office.
Evidence: Material that has probative value in tending to prove or disprove a material
fact in a criminal or civil case.
Found Property: Recovered, lost, surrendered, abandoned or otherwise received
property that is non-evidentiary and is turned over to a public agency where the owner
may or may not be known. Found property is disposed of if it is not claimed after 30
days.
Property: Any items, including currency, that are held for safekeeping, as evidence,
found property, or which has been abandoned, unclaimed, or awarded by the court.
Safekeeping: Non-evidentiary property that is placed in the custody of the Office for
temporary protection on behalf of the owner and is available for immediate release to
the rightful owner. Safekeeping property is disposed of if it is not claimed after 30 days.
II. Property and Evidence Storage
A. Property Acceptance
SHERIFF will be responsible for the acceptance of properly packaged
items from APD per Policy GE-3 and for entering items into the Property
Management information system.
APD will be responsible for adhering to the most current versions of
Policy GE-3 and the SHERIFF’s packaging manual. This includes
packaging separately each individual item of property or evidence and
using Sheriff approved and appropriately-sized containers.
SHERIFF will always have the right of refusal on any property as stated
in Policy GE-3.
B. Property Management Software.
SHERIFF will maintain current evidence storage software that will be available to APD
personnel who have been trained to use the software.
SHERIFF will communicate to APD when training classes on the property management
software system are scheduled for SHERIFF’s personnel so that APD employees can
attend.
APD can, if needed, request and fund additional training sessions for APD personnel.
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III. Disposal of Stored Items
SHERIFF will be responsible for the disposal of all items impounded by APD. All
proceeds from APD items sold at auction as a result of the disposal process will be
transferred into the Maricopa County General Fund.
All items impounded by APD and diverted for law enforcement use are the property
of the SHERIFF.
APD will notify the SHERIFF within 30 days of the disposition of cases with items
held as evidence regarding the disposition of the items held in the case. This will be
completed either through the property management system or an email to the
Property Management Division supervisor.
IV. Facility Security
SHERIFF and APD will mutually maintain the physical security of the Property
Management Facilities especially as it pertains to badge access permissions to
protect the integrity of those facilities. It is understood that SHERIFF personnel will
control entrance, exit and all grounds of the facilities.
APD personnel will be required to follow instructions communicated at
the gate and doors through the communications systems installed in
SHERIFF’s Property Management facilities.
V. Amendments
Any amendment to this MOU must be in writing and signed by both parties.
VI. Complaint Resolution
SHERIFF and APD mutually understand that the security and storage of all
impounded items are of paramount importance. The SHERIFF and APD agree to work
together in good faith to resolve any complaints or disagreements regarding the services
or other provisions of this MOU. If resolution cannot be completed, either party may
terminate this MOU by providing ten (10) working days’ notice.
VII. Termination
This MOU shall continue in effect until the earlier of June 30, 2023, or termination by
either party by providing not less than 30-day notice in writing to the other party. Chain
of custody will be maintained throughout the termination process.
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This MOU contains all terms and conditions for management and storage of Property items
related to probationary activities and is understood and accepted by SHERIFF and APD.
Maricopa County Board of Supervisors Maricopa County Adult Probation
__________________________________
Denny Barney, Chairman Date Barbara Broderick, Chief Date
Attest: Maricopa County Sheriff’s Office
__________________________________
Fran McCarroll, Clerk of the Board Date Paul Penzone, Sheriff Date
Approved as to form:
___________________________________
Deputy County Attorney Date
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