HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/15/1999 - SECOND READING OF ORDINANCE NO. 91, 1999, APPROPRI AGENDA ITEM SUMMARY ITEM NUMBER: $
FORT COLLINS CITY COUNCIL DATE: June 15> 1999
STAFF: Deryle O'Dell
SUBJECT:
Second Reading of Ordinance No.91, 1999,Appropriating Prior Year Reserves in the General Fund
for Police Seizure Activity.
I
RECOMMENDATION:
Staff recommends adoption of the Ordinance on Second Reading.
i
,
EXECUTIVE SUMMARY:
State statutes specify that the proceeds from seizures 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. Ordinance No. 91, 1999, was unanimously adopted on First Reading on
June 1, 1999.
t
a
s;
AGENDA ITEM SUMMARY ITEM NUMBER: 15
DATE: June 1, 1999
FORT COLLINS CITY COUNCIL
STAFF: Deryle O'Dell
SUBJECT:
First Reading of Ordinance No. 91, 1999,Appropriating Prior Year Reserves in the General Fund
for Police Seizure Activity.
RECOMMENDATION:
Staff recommends adoption oKt. e Ord' µ. ce Post Reading
FINANCIAL IMPACT:
This Ordinance appropriates $65,685 into the Police Services budget. This amount represents
$5,425 in unspent balance from the 1998 appropriation plus$60,260 awarded by the courts in 1998
and held in a General Fund re se -accoun g a priation.
Some of the funds will be used by Poli Servrttes for special chases of training, services, and
commodities to enhance the qukity of cukome service. The ' der will be used in partnership
with a variety of community groups to fund prevention programs for youtb,anti-violence,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 activiroce
to to de , ' e d to have criminals help defray the
costs of policing.State statutes specif}, that the om suc eizures 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 the 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. This Committee oversees and approves the seizure budget and spending decisions
made by the Chief of Police. The local Forfeiture Committee convenes a number of tunes each year
for these purposes. On May 12, 1999 the Forfeiture Committee met and approved the 1999 Seizure
Fund budget
DATE: June 1, 1999 2 ITEM NUMBER: 15
All seizures are approved in advance by the Investigations Deputy Chief. 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 written notice, including an affidavit detailing the
probable cause and 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 deta-fled written�"directive cei6e ring'seizures, which requires close
tracking and careful documentation. The Chietof Police is it e my Fort Collins Police Services
Officer with authority to spend seizure fiinds,ana actions by thhief of Police are approved by the
Forfeiture Committee. -""
Staff is confident that it demonstrates exceptional care,responsibility, and fairness in the conduct
of these matters. The Latimer 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.
A one-page document outlining 1998 seizure fund expenditures and income entitled"1998 Annual
Seizure Fund Report and a bredown ofa ateo ndituref the appropriation is approved,
is attached.
0 o