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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 04/06/2004 - FIRST READING OF ORDINANCE NO. 054, 2004, APPROPRI ITEM NUMBER: 13 AGENDA ITEM SUMMARY DATE: April 6, 2004 FORT COLLINS CITY COUNCIL STAFF: Don Vegge SUBJECT First Reading of Ordinance No. 054,2004, Appropriating Prior Year Reserves in the General Fund for Police Seizure Activity. RECOMMENDATION Staff and the Forfeiture Committee recommend adoption of the Ordinance on First Reading. FINANCIAL IMPACT This Ordinance appropriates$46,909 into the Police Services budget.This amount represents money awarded by the courts pursuant to civil asset seizure and forfeiture actions that were filed and concluded in 2003 and previous years as well as pro-rata distributions from Latimer County Drug Task Force and federal government seizure actions.These funds are held in a General Fund restricted reserve account awaiting appropriation. The funds will be used by Police Services to purchase new equipment and training as well as fund partnerships with community groups that seek to promote positive youth activities, anti-violence, anti-drug, and diversity activities. EXECUTIVE SUMMARY Nearly 100 years ago,the Colorado Legislature passed legislation allowing for the seizure of illegal contraband used in or gained from criminal activity. The intent is to deter crime and to recover proceeds gained through criminal conduct and apply those assets to defraying the costs of law enforcement. Asset seizure and forfeiture actions are civil cases that have been reviewed,filed,and pursued by the District Attorney's asset forfeiture specialist,and they are always accompanied by a parallel criminal prosecution. The defendant is served with a written summons,an affidavit detailing probable cause, and an advisement of legal rights and procedures for exercising due process. The defendant is entitled to a civil trial. Staff is confident that it demonstrates exceptional care,responsibility,and fairness regarding when to file asset seizure and forfeiture actions. When Police Services has been involved in an asset seizure and forfeiture action,the Courts have consistently ordered some or all of the assets forfeited. April 6, 2004 -2- Item No. 13 Colorado state law requires that the proceeds from successful asset seizure and forfeiture actions are to be used for law enforcement purposes and that the governing body of the seizing agency appropriate these proceeds to supplement the seizing agency's budget or, in the alternative, forfeit the proceeds to the general fund of the State of Colorado. Colorado state law also authorizes the creation of the Forfeiture Committee which must consist of the Mayor,District Attorney and Chief of Police,or their designees.The Committee oversees and approves the seizure budget and spending decisions made by the Chief of Police. The local Forfeiture Committee met on February 11, 2004 and approved the 2004 Seizure Fund Budget which is attached as Exhibit"A". The 2003 Annual Seizure Fund Report which outlines the sources of seizure funds and the expenditures for 2003 is attached. ORDINANCE NO. 054, 2004 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 illegal contraband used in or gained from criminal activities through civil asset seizure and forfeiture proceedings; and WHEREAS, funds from police seizure activities in 2003 and prior years, in the amount of $46,909, 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 law enforcement purposes other than those constituting ongoing operating expenses of Police Services; and WHEREAS, 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, and some will fund partnerships with community groups that seek to promote positive youth activities, anti-violence, anti-drug, and diversity activities; and WHEREAS,the local Forfeiture Committee,consisting of the Mayor,District Attorney and Chief of Police or their designees, has approved the 2004 Police Seizure Fund Budget; 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 FORTY SIX THOUSAND NINE HUNDRED NINE DOLLARS ($46,909) 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 and considered favorably on first reading and ordered published this 6th day of April, A.D. 2004, and to be presented for final passage on the 20th day of April, A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of April, A.D. 2004. Mayor ATTEST: City Clerk EXHIBIT A 2004 Budget PROGRAM: Police Seizure Fund 2004 Chart of Accounts Budget Contractual 527400 Training/Education Youth Police Academy 4,600 Neighborhoods United Donation 1,000 Explorer Scout Conference 3,600 National District Attorne 's Conference 1,200 Total 10,400 529290 Other Contractual 2003 Drug Free Calendar 2,500 2003 Adult Drug Court 1,000 Poudre Schools After Prom 450 Larimer County Child Advocacy Center 1,500 Other Charitable Organizations 3,000 Total 8,450 Total Contractual Services 18,850 Commodities 539320 Other Commodities Police Rifles 6000 Police Partnership Grants 3,000 Rendezevous Hats 500 Rendezevous Horses 1,200 Total 10,700 Total Commodities 10,700 Total Proposed Budget 29,550 Capital (Savings) 544520 Other Capital 2005 Carry-over Future Needs) 17,359 Total 17,359 GRAND TOTAL 46,909 MEMORANDUM February 5, 2004 To: Dennis Harrison, Chief, Fort Collins Police Services Donald Vagge, Captain, Fort Collins Police Services Edna Hoernicke, Chief Accountant, City of Fort Collins From: Dan Murphy, Sergeant, Investigative Division Tricia Davis, Financial Coordinator, Fort Collins Police Services Re: Summary of Fort Collins Police Services Seizure Activities During the Year 2003. SUMMARY OF SEIZURE ACTIVITIES. Seizures Initiated This Year: During 2003 Fort Collins Police Services initiated no seizure actions independent of the Larimer County Drug Task Force. In the final quarter of 2001 it was decided that all future drug cases initiated by FCPS Patrol officers where the potential existed for asset forfeitures would become Drug Task Force cases. Seizures Pending Before The Courts: None. Seizures With Court Action in 2003: 03CV52 Benjamin Moore $1,424.91 03CV89 David Schuette $ 887.71 03CV88 Thanh Lam $ 472.22 Total $ 2,784.84 1 Income Summary for the second quarter of 2003, Fort Collins Police Services Seizure Account: 1" Quarter Shared Distribution $ 0.00 2nd Quarter Shared Distribution $ 0.00 3'd Quarter Shared Distribution $ 0.00 4`"Quarter Shared Distribution $ 22,174.73 Total Income $ 22,174.73 Noft the above listed $22,174.73 includes a distribution from the U.S. Government for federal seizures in which Fort Collins Police Services was involved for 2003 in the amount of $6,688.87. SUMMARY OF EXPENDITURES: During 2003 the following expenditures were made from the Fort Collins Police Services Seizure Fund account. Vendor/Reference Balance Expense Forward Original Budget Amount $30,750.00 Police Partnership Grant Funds: Cinco De Mayo Planning Committee $500.00 Aztlan Community Center, Youth Basketball League $500.00 Jersey's CSU El Centro, 2003 Hispanic Heritage Month Celebration $500.00 Poudre Valley Health District, Mental Health Community $250.00 Planning Partners Boys & Girls Club, A Bit of A Bash $600.00 LEEPAC, Police Explorer Conference $3,085.00 Youth Police Academy $1,865.36 Neighborhoods United $1,000.00 2 --- ---- --- ---- - Majestic West, LRVR Hats $500.00 Totals: $8,800.36 End of Year Balance $21,949.64 Total available funding for CY 2004 and beyond totals $46,909. 2003 balance $21,949.64 Income summary for 2003 $22,174.73 2003 Filed cases $ 2,784.84 Total $46,909.21 3