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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/19/2009 - SECOND READING OF ORDINANCE NO. 048, 2009, APPROPR ITEM NUMBER: 8 AGENDA ITEM SUMMARY DATE: May 19, 2009 FORT COLLINS CITY COUNCIL STAFF: Tom McLelland SUBJECT Second 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 this Ordinance on Second Reading. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 5, 2009, 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. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - May 5, 2009. (w/o original attachments) ATTACHMENT ITEM NUMBER: 19 AGENDA ITEM SUMMARY DATE: May 5, 2009 FORT COLLINS CITY COUNCIL STAFF: Tom McLellan f.( //� II;II J)� SUBJECT y JV ji 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$1j7,350 into the P 1 ce Services b dg�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•Norherri 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 /.� �� // \� 5 r1 � ( )/ fund partnerships with community groups that seek to pro mot e 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. I �� i k �. 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. 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 order ublished this 5th day of May, A.D. 2009, and to be presented for final passage on the 19th j May, A.D. 2009. Mayor ATTEST: ly�L City Clerk Passed and adopted on final reading on the 19th day of May, A.D. 2009. Mayor ATTEST: City Clerk