HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/17/2007 - FIRST READING OF ORDINANCE NO. 052, 2007, APPROPRI ITEM NUMBER: 12
AGENDA ITEM SUMMARY DATE: April 17, 2007
FORT COLLINS CITY COUNCIL STAFF: Tom McLellan
SUBJECT
First Reading of Ordinance No. 052, 2007,Appropriating Prior Year Reserves in the General Fund
for Police Seizure Activity.
RECOMMENDATION
Staff and the Forfeiture Committee recommend adoption of the Ordinance on First Reading.
FINANCIAL IMPACT
This Ordinance appropriates $28,040 into the Fort Collins Police Services budget. This amount
represents money awarded by the courts pursuant to civil asset seizure and forfeiture actions in 2006
and previous years as well as pro-rata distributions from the Larimer County Drug Task and federal
government seizure actions. These funds are held in a General Fund restricted reserve account
awaiting appropriation.
The funds will be used by Fort Collins Police Services to purchase new equipment and training as
well as fund partnerships with community groups that seek to promote positive youth activities,anti-
violence, anti-drug, and diversity activities.
EXECUTIVE SUMMARY
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.
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 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
April 17, 2007 -2- Item No. 12
to the general fund of the State of Colorado. Colorado state law also authorizes the creation of a
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 met on March 19, 2007 and approved the 2007 Seizure Fund
Budget.
ATTACHMENTS
1. 2006 Annual Seizure Fund Report.
ATTACHMENT 1
2006 Summary
Vendor/Reference Budgeted Expended
527400 Training/Education
Youth Police Academy 1,500.00 1,526.67
Explorer Scout Conference 1,500.00 1,500.00
D.A. Training 1,500.00 -
Total $ 4,500.00 $ 3,026.67
529290 Other Contractual
2007 Drug Free Calendar 1,500.00 271.58
Poudre R-1 After Prom Party Sponsorship 1,000.00 1,000.00
Larimer County Child Advocacy Center 2,000.00 2,000.00
Request from Mayor 500.00 -
Other Charitable Organizations 1,500.00 500.00
Total $ 6,500.00 $ 3,771.58
539320 Other Commodities
Police Partnership Grant Funds 11000.00
Total $ 1,000.00 $ -
544520 Other Capital
2007 Carry-Over 9,069.00
Total 9,069.00 -
Total Capital $ 9,069.00 $ -
Grand Total $ 21,069.00 $ 6,798.25
2006 Remaining Balance for 2007 Use $ 14,270.75
Larimer County Drug Task Force 2006 Income $ 13,770.00
Total 2007 Available Balance $ 28,040.75
ORDINANCE NO. 052, 2007
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 illegal
contraband from individuals engaged in criminal activities through the use of civil forfeiture
proceedings; and
WHEREAS, funds from police seizure activities in 2006 and prior years, in the amount of
$28,040 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 law
enforcement purposes other than those constituting ongoing operating expenses of Police Services;
and
WHEREAS, some of the funds will be used by Police Services for special purchases of
training, services, and commodities to enhance the quality of customer service, and some of the
funds will be 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 2007 seizure budget on March 19, 2007; 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 EIGHT THOUSAND FORTY DOLLARS ($28,040) 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.
Introduced, considered favorably on first reading, and ordered published this 17th day of
April, A.D. 2007, and to be presented for final passage on the 1 st day of May, A.D. 2007.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 1 st day of May, A.D. 2007.
Mayor
ATTEST:
City Clerk
2007 Proposed Budget EXHIBIT "A"
PROGRAM: Police Seizure Fund
2007
Chart of Accounts Proposed Budget
Contractual
527400 Training/Education
Youth Police Academy 3,000
Explorer Scout Conference 4,500
D.A. Training 1,500
Subtotal 9,000
529290 Other Contractual
2007 Drug Free Calendar(billed to FCPS after year end) 894
2008 Drug Free Calendar 2,500
Team Fort Colins - Red Ribbon Week (DA Request) 500
Victim Assistance Emergency Fund (DA Request) 200
Ballistic Vests (DA Request) 450
PSD After Prom Sponsorship 1,200
Larimer County Child Advocacy Center 2,000
Request from Mayor 500
Other Charitable Organizations 1,500
(Food Bank of Larimer County$250)
Subtotal 9,744
Total Contractual Services 18,744
Commodities
539320 Other Commodities
Police Partnership Grants 1,000
Subtotal 1,000
Total Commodities 1,000
Total Proposed Budget 19,744
Capital (Savings)
544520 Other Capital
2008 Carry-over(Future Needs) 8,296
Total 8,296
GRAND TOTAL 28.040