HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/01/2001 - SECOND READING OF ORDINANCE NO. 53, 2001, APPROPR AGENDA ITEM SUMMARY ITEM NUMBER: 7
DATE: May 1, 2001
FORT COLLINS CITY COUNCIL FROM:
Tom McLellan
SUBJECT:
Second Reading of Ordinance No. 53, 2001, Appropriating Prior Year Reserves in the General
Fund for Police Seizure Activity.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY:
State statutes specify that the proceeds from 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. This Ordinance, which was unanimously
adopted on First Reading on April 17, 2001, appropriates prior year reserves for police seizure
activity.
AGENDA ITEM SUMMARY ITEM NUMBER: 16
DATE:
FORT COLLINS CITY COUNCIL 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:
r-
Staff and the statutory Forfeiture Committee recommend adoption of the Ordinance on First
Reading.
kY -4 n
FINANCIAL IMPACT: A,
This Ordinance appropriates $38,026 into the Police_Services budget this combined with $4,454
previously appropriated for a total seizure fund budget of $142,480. This amount represents
money awarded by the courts in 2000 and held in a General Fund restricted reserve account
awaiting appropriation.
Some of the funds will be used by Police Services for special purchases of training, services, and
commodities to enhance 'the quality of customei'service. ThCremainder will be used in
partnership with a variety of community groups'to fund prevention programs for youth, anti-
violence, and diversity issues.
EXECUTIVE SUMMq$Y:
Nearly 100 years ago Colorado la created a,process for the seizure of illegal contraband used
in ors 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
Service appropriate these proceeds to supplement the seizing agency's budget or forfeit the
proceeds�o the general fund of the State of Colorado. The Colorado Supreme Court and United
States Supreme , ourt ve 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 1 2 1 ITEM NUMBER: 16
decisions made by the Chief of Police. The local Forfeiture Committee met on March 22,
200land 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.
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A judge approves each filing as demonstrating probable cause and being in com,�ppliance with the
seizure statute. The defendant is served with a written notice, including aq_afficTaavit 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 firstis 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.
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