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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/20/2004 - SECOND READING OF ORDINANCE NO. 054, 2004, APPROPR ITEM NUMBER: 7 AGENDA ITEM SUMMARY DATE: April 20, 2004 FORT COLLINS CITY COUNCIL STAFF: Don Vagge SUBJECT Second 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 Second Reading. EXECUTIVE SUMMARY 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. This Ordinance which was unanimously adopted on First Reading on April 6, 2004, appropriates prior year reserves in the general fund for police seizure activity. 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 A nil, 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 ITEM NUMBER: 13 AGENDA ITEM SUMMARY DATE: April6, 2004 FORT COLLINS CITY COUNCIL STAFF: Don Vagge SUBJECT First Reading of Ordinance No. 054,2004, Appropriating Prior Year Reserves in the General Fund for Police Seizure Activity. RECOMMENDATION C OPY 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 pursua 01ei ei actions that were filed and concluded in 2003 and previ yearra c s ions fromLarimer County Drug Task Force and federal govern nt seizese funds held in a General Fund restricted reserve account awaiting appro 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 Col do Leg' ature s sla allowing for the seizure of illegal contraband used in or gained om cri al a vi . The int t is to deter crime and to recover proceeds gained through crimi ndu a those is 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 Committ e n d proved the 2004 Seizure Fund Budget which is attached as Ekiibt"A"Khe2 3 Se Fund Report which outlines the sources of seizure funds and xpe des 2 3 is attar d.