To: Board of Supervisors of Sonoma County
Department or Agency Name(s): Sheriff’s Office
Staff Name and Phone Number: Marta Llamas, 565-3928
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
Title
Transfer of Unclaimed Funds to County General Fund
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Recommended Action:
Recommended action
Approve the Resolution of the Board of Supervisors of County of Sonoma providing authority to the Sheriff to transfer unclaimed funds totaling $42,931.77 to the County General Fund, per California Government Code 50055.
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Executive Summary:
Unclaimed money consists of funds which are not the property of the County but remain in the County Treasury for one year when the depositor’s name is unknown, or three or more years without a claim being filed by the legal owners. The Sheriff’s Office intends to transfer unclaimed funds currently held in trust to the County General Fund, and is therefore requesting the Board to provide the necessary authority for the transfer. The Board previously delegated authority to the County Treasurer to transfer unclaimed funds of $5,000 or less to the County General Fund. This item requests the Board’s approval to transfer unclaimed funds that exceed the $5,000 delegated authority threshold.
Discussion:
Unclaimed money consists of funds which are not the property of the County but remain in the County Treasury for one year when the depositor’s name is unknown, or three or more years without a claim being filed by the legal owners.
California Government code Section 50055 provides that individual items of unknown depositors, held in the County Treasury that remain unclaimed for one year become the property of the County. California Government code Section 50050 provides that individual items with known depositor names, held in the County Treasury, and remain unclaimed for three years become the property of the County after a notice has been published once a week for two successive weeks in a newspaper of general circulation.
California Government Code Section 50053 states that when any such money becomes the property of the County and is in a special fund, the legislative body may transfer it to the general fund. California Government Code Section 50057 states that for individual items in the amount of five thousand dollars ($5,000) or less, the legislative body of any county may, by resolution, authorize the County Treasurer to perform on its behalf any act required or authorized to be performed by it under Sections 50050, 50053 and 50055.
On November 13, 2012, the Board approved the delegation of the authority to the County Treasurer to transfer, on the Board’s behalf, unclaimed funds in the amount of five thousand dollars ($5,000) or less to the County’s General Fund. California Government Code Section 50056 states the responsibilities of the treasurer as provided under this article may be delegated by the Treasurer to the department that maintains the supporting records of the unclaimed money based on the initial receipt or deposit of that money. The County Treasurer delegated the authority to the Sheriff’s Office. Unclaimed funds in excess of $5,000 per individual are not covered by this delegated authority and require Board approval to transfer. There is $42,931.77 of unclaimed funds in excess of $5,000 per individual which meet the above criteria currently held in trust by the Sheriff’s Office.
The Sheriff’s Office published a notice of unclaimed funds in satisfaction of the requirement of Government Code Section 50051, in the Press Democrat newspaper on April 13 and April 20, 2021. The designated dates to claim have passed. These funds consisted of unclaimed property in the Seized Trust. Of these published amounts, there were three (3) amounts greater than five thousand dollars ($5,000), totaling $42,931.77 which were not claimed and require Board approval to transfer to the County’s General Fund.
Unclaimed funds are held in Trust while staff complete the process of turning over unclaimed property to the County. Once the process is completed, and the Board has approved this Resolution, the funds will be transferred to the Sheriff’s budget to address critical one-time operational needs through either a Consolidated Budget Adjustment in FY 21-22, or the County’s standard annual budget adoption process for FY 22-23.
Prior Board Actions:
On 11/13/12, the Board of Supervisors approved a resolution delegating the authority to the County Treasurer to transfer, on the Board’s behalf, unclaimed funds of five thousand dollars ($5,000) or less to the County General Fund. The Board has approved the transfer of unclaimed funds in August 2017, August 2018, and September 2019.
Fiscal Summary
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Expenditures |
FY 21-22 Adopted |
FY22-23 Projected |
FY 23-24 Projected |
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Budgeted Expenses |
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Additional Appropriation Requested |
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Total Expenditures |
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Funding Sources |
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General Fund/WA GF |
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State/Federal |
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Fees/Other |
42,931.77 |
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Use of Fund Balance |
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Contingencies |
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Total Sources |
42,931.77 |
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Narrative Explanation of Fiscal Impacts:
The $42,931.77 of unclaimed funds revenue was not included in the Sheriff’s FY 21-22 Adopted Budget due to the unknown timing and amounts of the claiming process at the time the budget was being developed. Upon approval of the attached Resolution, the total $42,931.77 of unclaimed funds will be available to be transferred to the General Fund through future budget adjustments or through the County’s standard budget process.
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Staffing Impacts: |
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Position Title (Payroll Classification) |
Monthly Salary Range (A-I Step) |
Additions (Number) |
Deletions (Number) |
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Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
Resolution of the Board of Supervisors
Related Items “On File” with the Clerk of the Board:
Proof of Publication