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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 06/01/1999 - FIRST READING OF ORDINANCE NO. 91, 1999, APPROPRIA 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 of the Ordinance on First 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 restricted reserve account awaiting appropriation. Some of the funds will be used by Police Services for special purchases of training, services, and go commodities to enhance the quality of customer service. The remainder will be used in partnership with a variety of community groups to fund prevention programs for youth,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 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 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 times 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 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 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 the conduct of 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. A one-page document outlining 1998 seizure fund expenditures and income entitled"1998 Annual Seizure Fund Report"and a breakdown of anticipated expenditures if the appropriation is approved, is attached. ORDINANCE NO. 91, 1999 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 money and property used in criminal activities through civil forfeiture proceedings; and WHEREAS, funds from police seizure activities in 1998 and prior years, in the amount of $65,685, are in a restricted reserve account in the General Fund for such funds; and WHEREAS, police seizure funds, pursuant to state statue, are to be expended for Police Services expenses other than those constituting ongoing operating expenses of Police Services;and WHEREAS, Police Services has identified several community needs that can be funded through the use of such seizure funds,and the funding of the same will benefit a significant segment of the Fort Collins community,thereby serving an important public purpose,and will facilitate the provision of effective police services to the residents of the City; 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 SIXTY-FIVE THOUSAND SIX HUNDRED EIGHTY-FIVE DOLLARS ($65,685)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,considered favorably on first reading,and ordered published this 1 st day of June, A.D. 1999, and to be presented for final passage on the 15th day of June,A.D. 1999. Mayor ATTEST: City_ Clerk Passed and adopted on final reading this 15th day of June, A.D. 1999. Mayor ATTEST: City Clerk EXHIBIT "A" 1998 Annual Seizure Fund Report 1998 Approved Seizure Budget S45,544.92 Expenditures Administration: Best Alternative Student High BASH $2,500.00 Boys & Girls Club of Larimer County 275.00 DAP Video Donation 5,000.00 Drug Free Calendars 97& 98 2,717.63 Larimer County Drug Court 3,000.00 Multicultural Leadership Retreat 2,500.00 Neighborhoods United 1,000.00 Rendezvous Hats& Horse Rental 2,296.80 Turn of the Violence Brochures 1,000.00 Wingshadow Inc. Cycle Tour 500.00 Police Partnership Grants: Sex Offender Registration Meeting 130.00 Training: National District Attorney's Association Training 1,218.00 SWAT/Mobile Field Force Body Shields 1,747.50 Rifles 12,000.00 Seizure: Seizure Publication of Service 50.94 US Postal Service Divison of Case 97-9185 4,194.00 (Less) Total Expenditures 40,119.87 1998 Year-end Account Balance 5,425.05 Income: Currency from Seizure Cases 54,499.48 Vehicle Sales 5,761.00 (Plus) Total Income 60,260.48 1999 Requested Seizure Fund Appropriation $65,685.53