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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/17/2001 - FIRST READING OF ORDINANCE NO. 53, 2001, APPROPRIA AGENDA ITEM SUMMARY ITEM NUMBER: 16 FORT COLLINS CITY COUNCIL DATE: April 17, 2001 STAFF: Tom McLellan SUBJECT: First Reading of Ordinance No. 53, 2001, Appropriating Prior Year Reserves in the General Fund for Police Seizure Activity. RECOMMENDATION: Staff and the statutory Forfeiture Committee recommend adoption of the Ordinance on First Reading. FINANCIAL IMPACT: This Ordinance appropriates $38,026 into the Police Services budget this combined with $4,454 previously appropriated for a total seizure fund budget of $42,480. This amount represents money awarded by the courts in 2000 and held in a General Fund restricted reserve account awaiting appropriation. is Some of the funds will be used by Police Services for special purchases of training, services, and commodities to enhance the quality of customer service. The remainder will be used in partnership with a variety of community groups to fund prevention programs for youth, anti- violence, and diversity issues. EXECUTIVE SUMMARY: Nearly 100 years ago, Colorado law created a process for the seizure of illegal contraband used in or gained from criminal activity. The intent is to deter crime and to have criminals help defray the costs of policing. State statutes specify that the proceeds from such seizures are to be used for law enforcement purposes, and require that the governing body (City Council) of the seizing agency (Police Services) appropriate these proceeds to supplement the seizing agency's budget or forfeit the proceeds to the general fund of the State of Colorado. The Colorado Supreme Court and United States Supreme Court have consistently upheld the constitutionality of these statutes. Checks and Balances: Colorado statutes also create a Forfeiture Committee consisting of the Mayor, District Attorney and Chief of Police. The Committee oversees and approves the seizure budget and spending DATE: April 17, 2001 2 ITEM NUMBER: 16 decisions made by the Chief of Police. The local Forfeiture Committee met on March 22, 2001 and approved the 2001 Seizure Fund budget. All seizures are approved in advance by the Commander of the Investigations Division. Seizures are based upon articulated probable cause, not mere suspicion. They are reviewed by the District Attorney's asset forfeiture specialist, and are always accompanied by criminal charges. A judge approves each filing as demonstrating probable cause and being in compliance with the seizure statute. The defendant is served with a written notice, including an affidavit detailing the probable cause and a clear advisement of legal rights and procedures for exercising due process. The defendant is entitled to both a preliminary hearing on the criminal charges and a civil trial concerning the seizure and forfeiture action. Police Services maintains a detailed written directive concerning seizures, which requires close tracking and careful documentation. The Chief of Police is the only Fort Collins Police Services Officer with authority to spend the seizure funds, and actions by the Chief of Police are approved by the Forfeiture Committee. Staff is confident that it demonstrates exceptional care, responsibility, and fairness in these matters. The Larimer County District Courts have consistently upheld the activities of Fort Collins Police Services in seizing crime-related property whenever such seizures have been challenged in civil court proceedings. Two documents are attached. The first is the "2000 Annual Seizure Fund Report," outlining the 2000 seizure fund expenditures and income. The second document shows the 2001 budget, which has been approved by the Forfeiture Committee. This document shows a breakdown of anticipated expenditures for 2001, if the appropriation is approved by Council. . ORDINANCE NO. 53, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND FOR POLICE SEIZURE ACTIVITY WHEREAS, Fort Collins Police Services, in accordance with state law, has seized money and property used in criminal activities through civil forfeiture proceedings; and WHEREAS, funds from police seizure activities in 2000 and prior years, in the amount of $38,026, are in a restricted reserve account in the General Fund for such funds; and WHEREAS, police seizure funds, pursuant to state statute, are to be expended for Police Services expenses other than those constituting ongoing operating expenses of Police Services; and WHEREAS, Police Services has identified several community needs that can be funded through the use of such seizure funds,and the funding of the same will benefit a significant segment of the Fort Collins community,thereby serving an important public purpose, and will facilitate the provision of effective police services to the residents of the city; and WHEREAS, Article V, Section 9, of the Charter of the City of Fort Collins permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as • may be available from reserves accumulated in prior years,notwithstanding that such reserves were not previously appropriated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated for expenditure from prior year reserves in the General Fund the total sum of THIRTY-EIGHT THOUSAND TWENTY-SIX DOLLARS ($38,026) for Police Services' expenditures which are consistent with its functions and duties, but distinct from its normal operating needs, as shown on Exhibit "A", attached hereto, provided, however, that the Chief of Police is hereby authorized to change the amounts allocated to any of the individual recipients or purposes shown on Exhibit"A", within the total amount appropriated herein. Introduced, considered favorably on first reading, and ordered published this 17th day of April, A.D. 2001, and to be presented for final passage on the 1st day of May, A.D. 2001. Mayor ATTEST: • City Clerk Passed and adopted on final reading this 1st day of May, A.D. 2001. Mayor ATTEST: City Clerk EXHIBIT "A" 2001 REQUESTED BUDGET • Seizure Fund Supporting Documentation PROGRAM: Police Seizure Fund 2001 Chart of Accounts Budget Contractual 527400 Training/Education Explorer Conference 3,600 National Conference-DA's Office (Stu) 1,200 Neighborhoods United Donation (Ray) 1,000 Total 2,200 529290 Other Contractual 2001 Adult Drug Court Stu 1,000 2001 Drug Free Calendar 1,500 800 MHz Radio Rental 2,000 Auto Trac Access 5,000 BASH After Prom Party Donation 1,250 Boys&Girfs Club of Larimer Count (Ray) 500 D.A.R.E. Force 125 Larimer County Child Advocacy Center 1,250 Suicide Resource Center of Larimer County 200 • Turn Off the Violence Literature Stu 1,100 Wingshadow Cycle Tour Donation 500 Other Charitable Organizations 2,500 Total 16,925 Total Contractual Services 19,125 Commodities 539320 Other Commodities Police Partnership Grants 2,500 Rendezvous Contribution: Hats 500 Horses 1,800 Low-Rider Community Outreach 2,400 1 Sniper Tripod 1,000 Training Projector 4,000 Training External CD-RW 300 Total 12,500 Total Commodities Capital Balance 544520 Other Capital 2002 Carry-over(Future Equipment Needs) 10,855 Total 10,855 t 2000 TOTAL SEIZURE FUND BUDGET $ 42,480 MEMORANDUM March 20, 2001 To: Dennis Harrison, Chief, Fort Collins Police Services Don Vagge, Division Commander, Fort Collins Police Services Jim Broderick, Lieutenant, Investigative Division Edna Hoernicke, Chief Accountant, City of Fort Collins From: Dan Murphy, Detective, Larimer County Drug Task Force Tricia Briggs, Budget Coordinator, Fort Collins Police Services Re: Summary of Fort Collins Police Services Seizure Activities During the Year 2000. 1. SUMMARY OF SEIZURE ACTIVITIES. Seizures Initiated This Year: During 2000 Fort Collins Police Services initiated the following three seizure actions: 00-625 84 Toyota ** 00-1995 92 Toyota ** 00-1842 94 Jeep $6,250.0I0 (estimated value) ** Case 00-625 involved a third parry owner of the vehicle seized, so vehicle was returned to owner. **Case 00-1995 involved no felony distribution of controlled substance,so vehicle was returned to owner(per the District Attorney). Seizures Pending Before The Courts: None. Seizures With Court Action: 99-21602 1991 Ford $500.00 stipulated agreement 99-21602 1992 Honda $500.00 stipulated agreement 00-1842 1994 Jeep ** 00-8662 1991 Ford ** **Case 00-1842— Following a DA/supervisor review of case,the vehicle was returned to owner **Case 00-8662—Following a DA/supervisor review of case,the vehicle was returned to owner Federal Funds Received From Federal Seizures: None. 2. INCOME SUMMARY FOR THE YEAR 2000 FORT COLLINS POLICE SERVICES SEIZURE ACCOUNT' 1"quarter shared distribution $3,428.49 FCPS reimbursement for van purchased in 1999 $1,029.31 2nd quarter shared distribution $1,971.72 2nd quarter vehicle sales $1,000.00 3n' quarter shared distribution $2,577.19 4N quarter shared distribution ** Total $10,006.71 **The fourth quarter distribution amount is not yet available due to pending expenditures from Larimer County Drug Task Force Holding account. 3. SUMMARY OF 2000 EXPENDITURES: • During 2000 the following expenditures were made from the Fort Collins Police Services Seizure account. Vendor/Reference Balance Forward Expense Original Budget Amount $66,838.00 RRMA(Spanish Immersion school for Hopkins, Horton, Mohs) $3,225.00 Eddie's Towing (tow bill for case 00-1842) $94.00 Larimer County District Attorney(2000 drug free calendars) $1,100.00 Nancy Stevens (speaker fee for Journey conference) $375.00 Christine Stevens (drum circle fee for Journey conference) $250.00 Susan Skog (speaker fee for Journey conference) $250.00 Maxey Company (wolfburger repair) $700,00 Motorola (800 MHz radio rental) $4,876.00 Black Hills Ammunition (training ammo. for new SWAT weapons) $1,495.00 Denver Avionics, Inc. (hearing protection) $4,492.50 CBS Inc. (drug scale, printer) $1,590.00 Neighborhoods United (donation for1999 and 2000) $2,000.00 Kyle Caffey (Remington 700 rifle) $1,250.00 Wireless Advanced Communications (800 MHz radio programming) $240.00 Purchase order from 1997 cancelled, balance returned to Seizure -$586.09 SWAT rifle order vendor change,savings returned to Seizure -$1,164.80 Laser Technology, Inc. (Traffic Radar Equipment) $3,205.00 Larimer County Child Advocacy Center(Donation) $2,500.00 Inside Out(Blinds for District One) $938.75 Securitylink from Ameritech (Alarm for District One) $586.00 Omaha PD (sniper competition-VanderVliet/ Reed) $214.08 Country Inn &Suites Hotel (bomb tech. training—Ivers/Thorpe) $1,914.00 Boltz Junior High (peer mediator training) Partnetship Grant$ $250.00 United Way (sponsorship of Rebekka Dailey to D.C.) $1,500.00 Laser Technology Inc. (holsters for lasers) $220.00 Boys&Girls Club of Larimer County(Donation—Bit of a Bash) $500.00 RAD Systems (equipment—self defense training ) PartneishipGrant$ $2,349.90 Total Expenditures $34,364,34 End of Quarter Balance: $32,473.66 AMOUNT TO BE APPROPRIATED FOR 2001 USE: $ 42,480.37 • Police Services Office of Police Chief i Citv of Fort Collins FORT COLLINS POLICE SERVICES 2001 Seizure Fund Budget Contractual 527400 Training $ 2,200.00 529290 Other Contractual $ 16,925.00 Sub-Total $ 19,125.00 Commodities 539320 Other Commodities $ 12,500.00 Capital 544520 Other Capital $ 10,855.00 TOTAL $42,480.00 Approved by the Forfeiture Committee, March 22,2001 Randolph R. Martinez Mayor of the City of Fort Collins Stua eren District Attorney - Eighth Judicial,District l c�nc©crt�� Dennis V. Harrison Chief of Police -Fort Collins Police Services 000 LaPorte Avenue • P.O. Box 380 Fort Collins,CO 8055-0580 (970)221-6550