HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/15/2003 - FIRST READING OF ORDINANCE NO. 099, 2003, APPROPRI AGENDA ITEM SUMMARY ITEM NUMBER: 13
FORT COLLINS CITY COUNCIL DATE: July 15, 2003
STAFF: Tom McLellan
SUBJECT:
First Reading of Ordinance No. 099, 2003, Appropriating Prior Year Reserves in the General
Fund for Police Seizure Activity.
RECOMMENDATION:
Staff and the statutory Forfeiture Committee recommend adoption of the Ordinance on First
Reading. .
FINANCIAL IMPACT:
This Ordinance appropriates $30,750 into the Police Services budget. This amount represents
money awarded by the courts in 2002 and held in a General Fund restricted reserve account
awaiting appropriation.
lip 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. The remainder will be used in
partnership with a variety of community groups to fund prevention programs for youth, anti-
violence, and 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 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. The Committee oversees and approves the seizure budget and spending
decisions made by the Chief of Police. The local Forfeiture Committee met on March 7, 2003
and approved the 2003 Seizure Fund budget.
DATE: July ITEM NUMBER:
All seizures are approved in advance by the Commander of the Investigations Division. 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 a written notice, including an affidavit detailing the
probable cause and a 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 the 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 these
matters. The Latimer 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.
Two documents are attached. The first is the "2003 Annual Seizure Fund Report," outlining the
2002 seizure fund expenditures and income. The second document shows the 2003 budget,
which has been approved by the Forfeiture Committee. This document shows a breakdown of
anticipated expenditures for 2003, if the appropriation is approved by Council.
2002 Budget vs. Expenses
PROGRAM: Police Seizure Fund
2002 2002
Chart of Accounts I Adopted Budget I Spent
Contractual
527400 Training/Education/Education
Youth Police AcademyPaid for in 2002 b TEAM Ft. Collins 3,000 0
National Conference-DA's Office 1,200 1,200
Nei hborhoods United Donation Go American Red Cross 1,000 1,000
Explorer Scout Conference 0 3,460
Total 5,200 5,660
529290 Other Contractual
. . 2001 Adult Drug Court 1,000 1,000
2002 Adult Drug Court 1,500 0
2002 Drug Free Calendar 1.500 1,500
2002 Rights&Responsibilities Literature 1,500 1,215
-Boys&Girls Club of Larimer County 600 600
Suicide Resource Center of Larimer County 200 0
B.A.S.H.after prom event 1,000 0
Larimer County Child Advocacy Center 500 1,250
Other Charitable Organizations 5,000 2.700
Total 12,800 8,265
Total Contractual Services 18,000 13,925
Commodities
• 539320 Other Commodities
Poudre Valley Hosipital Foundation(Coiposcope Fund,S.Scheiber) 0 5,000
Police Partnership Grants 5,000 500
Rendezvous Contribution:
Hats 500 0
Horses 1,800 0
Low-Rider Community Outreach(District One Furnishings-Car funded) 2,400 2,400
Total 9,700 7,900
Total Commodities 9,700 7,900
Total Budgeted in 2002 27,700
Total Spent in 2002 21,825
Capital Sevin s
544520 Other Capital
2003 Carry-over(Future Equipment Needs) 13,230 0
Total 13,230 0
GRAND TOTAL
BALANCE AVAILABLE FOR 2003 BUDGET $ 19,105.00
2002 SEIZURE REVENUE $ 11,645.07
TOTAL AVAILABLE FOR 2003&BEYOND $ 30,750.07
MEMORANDUM
March 4, 2003
To: Dennis Harrison, Chief, Fort Collins Police Services
Tom McLellan, Division Commander, Fort Collins Police Services
Jack Taylor, Lieutenant, Investigative Division
Edna Hoernicke, Chief Accountant, City of Fort Collins
From: Dan Murphy, Sergeant, Investigative Division
Tricia Briggs, Budget Coordinator, Fort Collins Police Services
Re: Summary of Fort Collins Police Services Seizure Activities During the Year 2002.
SUMMARY OF SEIZURE ACTIVITIES.
Seizures Initiated This Year:
During 2002 Fort Collins Police Services initiated no seizure actions.
During the final quarter of 2001, it was decided by Sgt. Murphy and Lt. Broderick that in the future all drug
cases initiated by FCPS Patrol officers involving asset forfeitures would become Drug Task Force cases, and
hence the seizures would be assumed by the Drug Task Force.
Seizures Pending Before The Courts:
None.
Seizures With Court Action:
None.
Federal Funds Received From Federal Seizures.•
None.
Income Summary for the second quarter of 2001 Fort Collins Police Services Seizure Account
*1st Quarter Shared Distribution $ 0.00
*2nd Quarter Shared Distribution $ 0.00
*3'd Quarter Shared Distribution $ 0.00
4d'Quarter Shared Distribution $ 11,645.07
Total Income $11,645.07
*Shared distributions were not paid to agencies per CEO agreement to use funds to furnish the new
Task Force building.
SUMMARY OF EXPENNI URES:
During 2002 the following expenditures were made from the Fort Collins Police Services Seizure
account.
Vendor/Reference Balance Expense
Forward
Original Budget Amount $40,930
Office of the District Attorney—2001 Drug Court Donation $1,000
LEEPAC—Explorer Scout Conference $3,460
Larimer County Boys&Girls Club— Bit of A Bash 600
,Larimer County Partners—Mentoring Program Contribution 500
Boulder Commercial Interiors— District One Furnishings $2,400
Larimer County Child Advocacy Center—2002 Contribution $1,250
City of Fort Collins CLRS—Summer Youth Basketball Sponsorship 500
American Red Cross—Safety Whistle Program $1,000
Fort Collins Community Foundation—YAC Gym Construction $1,000
Office of the District Attorney—Teen Responsibilities&Rights Literature $1,215
Office of the District Attorney—Training for A.Taylor and M. Murray1 200
Zephyr Gra h-X—Rendezvous Hats 500
Citizen Printing —Drug Free Calendar $1,500
CSU El Centro—Hispanic Latino Leadership Institute 500
Poudre Valley Hospital Foundation—SANE Fund 200
Poudre Vellay Hospital Foundation—Colposcope Fund S. Scheiber 5 000
Totals: $21,825
End of Year Balance $19,105
Total available funding for CY 2003 and beyond totals$30,750.07.
2
. ORDINANCE NO. 099, 2003
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 used in or gained from criminal activities through civil forfeiture proceedings; and
WHEREAS, funds from police seizure activities in 2002 and prior years, in the amount of
$30,750, 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, has approved the 2003 seizure 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 THIRTY THOUSAND SEVEN HUNDRED FIFTY DOLLARS($30,750)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 15th day of July,
A.D. 2003, and to be presented for final passage on the 19th day of August, A.D. 2003.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of August, A.D. 2003
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
2003 Proposed Budget
PROGRAM: Police Seizure Fund
2003
Chart of Accounts Proposed Budget
Contractual
527400 Trainin Education
Youth Police Academy 4,400
Neighborhoods United Donation 1,000
Explorer Scout Conference 3,600
Total 9,000
529290 Other Contractual
2003 Drug Free Calendar 2,000
2003 Adult Drug Court 1,000
Boys&Girls Club of Larimer County 600
Larmer County Child Advocacy Center 500
Other Charitable Organizations 3,000
Total 7,100
Total Contractual Services 16,100
Commodities
539320 Other Commodities
Police Partnership Grants 3,000
Rendezevous Hats 500
Total 3,500
• Total Commodities 3,500
Total Proposed Budget 19,600
Capital(Savings)
544520 Other Capital
2004 Carry-over(Future Needs) 11,150
Total 11,150
GRAND TOTAL 30,750
Police Services
Office of Police Chief
City of Fort Collins
FORT COLLINS POLICE SERVICES
2003 Seizure Fund Budget
Contractual
527400 Training/Education $ 9,000.00
529290 Other Contractual $ 7,100.00
Sub-Total $ 16,100.00
Commodities
539320 Other Commodities $ 3,500.00
Capital
544520 Other Capital $ 11,150.00
TOTAL $30,750.00
Approved by the F iture Committee,March 7,2003
Rando ph R. Martinez
Mayor of the City of Fort Co
Stuart A. VanM veren
District Attorney-Eighth Ju ' ial District
lw�
Dennis V.Harrison
Chief of Police-Fort Collins Police Services
300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6550 • FAX (970) 224-6088