To: Board of Supervisors of Sonoma County
Department or Agency Name(s): Sheriff’s Office
Staff Name and Phone Number: Lynnae Mann, 565-3916
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
Title
Reassurance of Voided Civil Warrants
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Recommended Action:
Recommended action
Adopt the resolution authorizing the Auditor-Controller to re-issue warrants totaling $2,073.51 with voided dates of greater than two years October 2012, originally issued through Sheriff’s Office Civil processes.
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Executive Summary:
The Sheriff’s Office is requesting the Board approve the resolution allowing the Auditor-Controller to re-issue warrants that were not cashed within a six-month period from date of issuance and were subsequently voided over two years ago. Currently, funds totaling $2,073.51, which have previously been unclaimed by their original recipient, are being held in a Sheriff’s Office trust account.
Discussion:
Background - The Sheriff’s Office Civil Bureau conducts service of process and performs levies on real and personal property at the request of the public. If a money judgment has been ordered by the Court, a judgment creditor may seek a Writ as a means of collection. If a valid order, sufficient fees, and instructions are received, the Sheriff is statutorily obligated to execute process pursuant to §262.2 of the Code of Civil Procedure (CCP). A Writ of Execution is a type of Court document that directs the Sheriff to levy the property of a judgment debtor, for a purpose of satisfying a money judgment. Funds may be seized through various methods, but most commonly through a bank levy or earnings withholding order under a Writ of Execution.
Once seized, funds are deposited into a Sheriff’s Office Civil trust account and warrants are subsequently issued to payees. When warrants are not cashed within a six-month period, they become ‘stale dated’ and are voided. In prior years when a warrant became stale dated and was voided, fewer efforts were made to contact the payees, resulting in a large volume of unclaimed funds. The Sheriff’s Office has since implemented internal processes to attempt to locate payees soon after the warrants are voided with the goal of re-issuing to the original owners more expeditiously. When payees cannot be located, individual amounts over fifteen dollars ($15) may be escheated to the general fund pursuant to Government Code §50050 and §50055 after a period of three years, and after funds have been published in a local newspaper.
Financial Process - Government Code §29802(a) states that a warrant becomes void if not presented to the County Treasurer for payment within six months after its issued date. Pursuant to Government Code §29802(c), after a period of two years from the date on which the original warrant became void, the Board of Supervisors, by resolution may instruct the Auditor-Controller to draw a new warrant. In summary, the County Auditor may only re-issue warrants if they were voided within the two years.
On February 21, 1991, the Board approved Resolution #91-0269 authorizing the Auditor-Controller to replace voided warrants when the payee presents the original warrant to the County or, when the payee presents an affidavit stating the warrant had been lost or destroyed within two years from the date on which the original warrant became void. The warrants for which we are requesting re-issuance are not covered by this Resolution since they were voided over two years ago, therefore, requiring additional Board action.
The Sheriff’s Office is requesting re-issuance of one (1) warrant totaling $2,073.51 for which we have now located and identified the payee. The warrant represents a judgment debtor refund for overpayment. Since the Sheriff’s Office has neither the original warrant nor were we able to obtain an affidavit from the payees within two years of the date the warrants became void, we are requesting the Board approve a resolution for the Auditor-Controller to re-issue a warrant totaling $2,073.51.
Prior Board Actions:
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Fiscal Summary
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FY 23-24 Projected |
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Narrative Explanation of Fiscal Impacts:
Since unclaimed funds are currently being held in a trust account there are no General Fund fiscal impacts associated with this requested action.
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Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
Resolution - Reissue Warrants With Voided Dates of Greater Than Two Years
Related Items “On File” with the Clerk of the Board:
N/A