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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 06/06/2000 - FIRST READING OF ORDINANCE NO. 62, 2000, APPROPRIA AGENDA ITEM SUMMARY ITEM NUMBER: 13 DATE: June 6, 2000 FORT COLLINS CITY COUNCIL STAFF: Don Vagge SUBJECT: First Reading of Ordinance No. 62, 2000, Appropriating Prior Year Reserves in the General Fund for Police Seizure Activity. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT: This Ordinance appropriates $33,686 into the Police Services budget. This amount represents money awarded by the courts in 1999 and held in a General Fund restricted reserve account awaiting appropriation. 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 decisions made by the Chief of Police. The local forfeiture Committee met on April 12, 2000 and approved the 2000 Seizure Fund budget. DATE: June 6, 2000 2 ITEM NUMBER: 13 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 "1999 Fort Collins Police Seizure Account Summary", outlining the 1999 seizure fund expenditures and income. The second document, Exhibit "A" to the Ordinance, shows the 2000 budget, which has been approved by the Forfeiture Committee. This document shows a breakdown of anticipated expenditures for 2000, if the appropriation is approved by Council. 1999 Fort Collins Police Seizure Account Summary • Income Summary for the 1999 Fort Collins Police Services Seizure Account: 2nd quarter LCDTF disbursement $5,742.14 Vehicle Sales $8,266.00 Restitution $895.92 Shared seizure disbursement from LPD $452.64 Currency awarded by the court $2,452.00 3'd quarter LCDTF disbursement $10,572.46 4`"quarter LCDTF disbursement $5,304.96 Total Income $33,686.12 SUMMARY OF 1999 EXPENDITURES: During 1999 the following expenditures were made from the Fort Collins Police Services Seizure account. Vendor/Reference Balance Forward Exuense Original Budget Amount $65,685 Bent County Sheriff's Dept. (service of civil papers) $30.00 Police Partnership Grant(ropes course for Boltz students at CSU) $500.00 GO]0 Sports (rendezvous hats) $712.80 • PVH (replacement camera for SANE program) $131.66 Police Partnership Grant(Violence Prevention in Schools Conference) $700.00 Western Camera (Sony digital camera) $1,294.75 Donation to Larimer County Child Advocacy Center $2,500.00 Donation to Boys &Girls Club of Larimer County $275.00 D.A.R.E. Force donation $250.00 Innocorp, Ltd. (fatal vision starter kits) $1,815.00 Sirchie Finger Print Lab (fingerprint instruction portfolios) $236.45 Police Partnership Grant(Victim Offender Reconciliation training) $1,000.00 Larimer County Clerk (vehicle title expense) $6.50 D.A.'s Office (travel expenses for national conference) $1,598.60 Law Enforcement Equipment Supply(clan lab storage system) $2,306.62 Law Enforcement Equipment Supply(training smoke grenades) $1,931.40 Law Enforcement Equipment Supply(Omniblast 100 training equip.) $1,200.60 Innovative Surveillance Technology(FCPS portion of surveillance van) $5,550.00 McDonald Tactical Supply (SWAT rifles) $2,994.80 Totals: $25,034.18 **End of Quarter Balance: $40f6SO.82 **THE ENTIRE FORT COLLINS POLICE SERVICES SEIZURE RESIDUAL ACCOUNT BALANCE WAS REAPPROPRIATED DURING 1999 REAPPROPRIATION ORDINANCE. AMOUNT LEFT TO BE APPROPRIATED FOR 2000 USE IS$33,686.12 ORDINANCE NO. 62, 2000 • 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 1999 and prior years, in the amount of $66,838, are in a restricted reserve account in the General Fund for such funds; and WHEREAS, police seizure funds, pursuant to state statutes, 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; and WHEREAS, funds in the amount of$33,152 were appropriated from the police seizure restricted reserve account in February, 2000 with the City's reappropriation ordinance; and WHEREAS,the remaining funds in the restricted reserve account,representing 1999 receipts, in the amount of$33,686 are available to be 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-THREE THOUSAND SIX HUNDRED EIGHTY SIX DOLLARS ($33,686) 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 6th day of June, A.D. 2000, and to be presented for final passage on the 20th day of June, A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of June, A.D. 2000. Mayor ATTEST: City Clerk EXHIBIT "A" 2000 REQUESTED BUDGET Seizure Fund Supporting Documentation i PROGRAM: Police Seizure Fund 2000 Chart of Accounts Budget Contractual 527400 Training/Education National Conference-DA's Office 1,200 Neighborhoods United Donation 1,000 Spanish Immersion School 3,000 Totals 5,200 529290 Other Contractual BASH After Prom Party Donation) Z500 Wingshadow Cycle Tour Donation 1,000 Tum OH the Violence Pam hlets 1,100 Joumey Conference 1,000 1999 Drug Free Calendar Invoice arrived in Jan.) 1,100 2000 Drug Free Calendar 1,400 Dog Track Repair for Driving Class 1,700 D.A.R.E. Force 250 Boys&Girls Club of Latimer County 275 Latimer County Child Advocacy Center Z500 Black Hills Ammo. training ammo.purchased at shot show) 1,495 Wolthurger Repair 700 Blinds District One) 1,800 . Alarm(District One) 600 Ultralite Laser 3,500 Other Charitable Organizations 5,000 Totals 25,920 Total Contractual Services 31,120 Commodities 539320 Other Commodities Rendezvous Contribution: Hats 500 Horses 1,800 Range Ear Protection 3,443 Police Partnership Grants 5,000 Drug Scale Printer 1,000 Remington 700.308 cal rifle w13.5X10 Leupold Police Scope 1,250 Bomb Suit 7,000 Totals 19,993 Total Commodities 19,993 Capital Balance 544520 Other Ca ital 2001 Carry-over Future Equipment Needs 15,725 Total Balance Remaining 15,725 2000 TOTAL SEIZURE FUND BUDGET $ 66,838