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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/05/2009 - FIRST READING OF ORDINANCE NO. 048, 2009, APPROPRI ITEM NUMBER: 19 AGENDA ITEM SUMMARY DATE: May 5, 2009 FORT COLLINS CITY COUNCIL STAFF: Tom McLellan SUBJECT First Reading of Ordinance No. 048, 2009,Appropriating Prior Year Reserves in the General Fund From Police Seizure Activities for Police Services. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT This Ordinance appropriates$17,350 into the Police Services budget.This amount represents money awarded by the courts pursuant to civil asset seizure and forfeiture actions in years prior to 2009 as well as pro-rata distributions from the Northern Colorado Drug Task Force and federal government seizure actions. These funds are held in a General Fund restricted reserve account awaiting appropriation. These funds will be used by Police Services to pay for training as well as to fund partnerships with community groups that seek to promote positive youth activities, anti-violence, anti-drug, and diversity activities. These purchases and contributions are made to promote public safety. The remainder of the balance in the reserve ($30,899)will be held for subsequent year distributions for these same purposes. EXECUTIVE SUMMARY This Ordinance appropriates funds to be used by Police Services to pay for training as well as to fund partnerships with community groups that seek to promote positive youth activities, anti- violence, anti-drug, and diversity activities. BACKGROUND Nearly 100 years ago,the Colorado Legislature passed legislation allowing for the seizure of illegal contraband used in or gained from criminal activity. The intent is to deter crime and to recover proceeds gained through criminal conduct and apply those assets to defraying the costs of law enforcement. May 5, 2009 -2- Item No. 19 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. 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 appropriates 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 Committee reviewed the proposed budget between March 25 and March 30, 2009 and approved the 2009 Seizure Fund Budget(Attachment 1). The 2008 Annual Seizure Fund Report which outlines the sources of seizure funds and the expenditures for 2008 is also provided (Attachment 2). ATTACHMENTS 1. 2009 Seizure Fund Budget. 2. 2008 Annual Seizure Fund Report. 2009 FCPS Proposed Seizure Budget ATTACHMENT 1 PROGRAM: Police Seizure Fund 2009 Chart of Accounts Proposed Budget Contractual 527400 Training/Education Youth Police Academy 3,000 Explorer Scout Conference 2,700 D.A. Training 1,500 Subtotal 7,200 529290 Other Contractual 2009 Red Ribbon Week (DA Request) 500 2009 Victim Assistance Emergency Fund Request 200 2009 Drug Free Calendar 2,500 PSD After Prom Sponsorship 1,200 Larimer County Child Advocacy Center 2,000 Request from Mayor 500 Other Charitable Organizations 1,500 Child Safe Donation 500 Food Bank"Empty Bowls" Event Contribution (Chiefs Request) 250 Subtotal 9,150 Total Contractual Services 16,350 Commodities 539320 Other Commodities Police Partnership Grants 1,000 Subtotal 1,000 Total Commodities 1,000 Total Proposed Budget 17,350 Capital (Savings) 544520 Other Capital 2010 Carry-over(Future Needs) 30,899 Total 30,899 GRAND TOTAL 48,249 ATTACHMENT MEMORANDUM March 10, 2009 To: Dennis Harrison, Chief, Fort Collins Police Services Thomas McLellan, Captain, Fort Collins Police Services Becky Sullivan, Accountant, City of Fort Collins From: Tricia Muraguri, Financial Coordinator, Fort Collins Police Services Re: Summary of Fort Collins Police Services Seizure Activities During the Year 2008. SUMMARY OF SEIZURE ACTIVITIES. Seizures Initiated This Year: During 2008 Fort Collins Police Services initiated no seizure actions independent of the Northern Colorado Drug Task Force. Local Funds Received From State Awards: $ 0 Federal Funds &Interest Received: $ 0 2008 Income Summary for the Fort Collins Police Services Seizure Account: Total Income $ 0 2008 Carry-Over $42,614 2008 Remaining Balance $ 5,635 Available for 2009 $ 48,249 ORDINANCE NO. 048, 2009 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND FROM POLICE SEIZURE ACTIVITIES FOR POLICE SERVICES WHEREAS,Fort Collins Police Services("FCPS"),in accordance with state law,has seized illegal contraband used in or gained from criminal activities through civil forfeiture proceedings; and WHEREAS,funds from Northern Colorado Drug Task Force seizure activities in 2008 and prior years in the amount of$48,249 are in the FCPS Seizure reserve account in the General Fund; and WHEREAS,pursuant to state statute,funds obtained through civil forfeiture proceedings are to be expended for law enforcement purposes other than ongoing operating expenses; and WHEREAS,$17,350 in funds from the FCPS Seizure reserve account will be used by FCPS to purchase special training, services, and commodities to enhance the quality of customer service, as well as used in partnership with a variety of community groups to fund prevention programs for youth, anti-violence, and diversity issues; and WHEREAS,the local Forfeiture Committee consisting of the Mayor, District Attorney and Chief of Police, or their designees, approved the 2009 seizure budget in March 2009; and WHEREAS,Article V,Section 9,ofthe City Charter 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 SEVENTEEN THOUSAND THREE HUNDRED AND FIFTY DOLLARS ($17,350) for Police Services' expenditures which are consistent with its functions and duties. Introduced,considered favorably on first reading,and ordered published this 5th day of May, A.D. 2009, and to be presented for final passage on the 19th day of May, A.D. 2009. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 19th day of May, A.D. 2009. Mayor ATTEST: City Clerk