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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 04/18/2006 - SECOND READING OF ORDINANCE NO. 055, 2006, APPROPR ITEM NUMBER: 7 AGENDA ITEM SUMMARY DATE: April 18, Zoos FORT COLLINS CITY COUNCIL STAFF: Don Vagge SUBJECT Second Reading of Ordinance No. 055, 2006, Appropriating Prior Year Reserves in the General Fund for Police Asset Forfeiture Activity. RECOMMENDATION Staff and the Forfeiture Committee recommend adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY This Ordinance, which was unanimously adopted on First Reading on April 4, 2006, appropriates funds obtained through civil asset seizure and forfeiture actions to be used by Police Services to purchase new equipment, fund additional training, and contribute to partnerships with community groups that seek to promote positive youth activities,anti-violence,anti-drug,and diversity activities. ITEM NUMBER: 14 AGENDA ITEM SUMMARY DATE: April 4, Zoos FORT COLLINS CITY COUNCIL STAFF: Don Vagge SUBJECT COPY First Reading of Ordinance No. 055, 2006, Appropriating Prior Year Reserves in the General Fund for Police Asset Forfeiture Activity. RECOMMENDATION Staff and the Forfeiture Committee recommend adoption of the Ordinance on First Reading. FINANCIAL IMPACT This Ordinance appropriates $21,069 into the Fort Collins Police Services ("Police Services") budget. This amount represents yDig Yi . uant to civil asset seizure and forfeiture actions in 2005 an revio s 11 istributions from the Latimer County Drug Task Force an ederal e seizs. These funds are held in a General Fund restricted reserve nt op EXECUTIVE SUMMARY The funds obtained through civil asset seizure and forfeiture actions will be used by Police Services to purchase new equipment, fund additional training, and contribute to partnerships with community groups that seek to promote positive youth activities, anti-violence, anti-drug, and diversity activities. BACKGROUND Nearly 100 years ago, the CoCed s a e s sl on allowing for the seizure of illegal contraband used in or cri ity. a intent is to deter crime and to recover proceeds gained thro co c d appl hose assets to defraying the costs of law enforcement. Asset seizure and forfeiture actions are civil cases in Larimer County that have been reviewed, filed, and pursued by the District Attorney's asset forfeiture specialist, and in Latimer County 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. April 4, 2006 -2- Item No. 14 Colorado 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 appropriates these proceeds to supplement the seizing agency's budget or, in the alternative, forfeit the proceeds to the gCthei d St CYaaColorado law also authorizes the creation of the Forfeiturea hic c Mayor, District Attorney and Chief of Police, or their desi nun a verseproves the seizure budget and spending decisions made by of The local Forfeiture Committee met on March 16, 2006 and approved the 2006 Seizure Fund Budget, which is attached. The 2005 Annual Seizure Fund Report which outlines the sources of seizure funds and the expenditures for 2005 is also attached. ATTACHMENTS 1. 2006 Seizure Fund Budget 2. 2005 Annual Seizure Fund Report ORDINANCE NO. 055, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND FOR POLICE ASSET FORFEITURE ACTIVITY WHEREAS,Fort Collins Police Services("FCPS"),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 2005 and prior years, in the amount of $21,069, are in a restricted reserve account in the General Fund; 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 FCPS; and WHEREAS,the funds will be used by FCPS to purchase new equipment and fund additional training, as well as contribute to partnerships with community groups that seek to promote positive youth activities, as well as 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, have approved the 2006 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 TWENTY-ONE THOUSAND SIXTY-NINE DOLLARS ($21,069) for Fort Collins 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 4thdayofApril, A.D. 2006, and to be presented for final passage on the l8th da f April, A.D. 2006. � ECG��Iti: Mayor ATTEST: City Clerk Passed and adopted on final reading on the 18th day of April, A.D. 2006. Mayor ATTEST: City Clerk 2006 Proposed Budget EXHIBIT"A" PROGRAM: Police Seizure Fund Chart of Accounts Proposed Budget Contractual 527400 Training/Education Youth Police Academy _ 1,500 Explorer Scout Conference 1,5_00 D.A. Training 1,500 Total 4,500 529290 Other Contractual 2007 Drug Free Calendar _ 1,500 PSD After Prom Sponsorship 1,000 Larimer County Child Advocacy Center _ 2,000 Request from Mayor 500 _Other Charitable Organizations 1,500 Food Bank of Larimer County$500) Total 6,500 Total Contractual Services 11,000 Commodities 539320 Other Commodities Police Partnership Grants 1,000 Total. 1,000 Total Commodities- 1,000 - — --- Total Proposed Budget 12,000 Capital (Savings) 544520 Other Capital 2007 Carry-over Future Needs) _ 9,069 Total 9,069 GRAND TOTAL 21,069