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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/06/2010 - FIRST READING OF ORDINANCE NO. 082, 2010, APPROPRI l DATE: July 6, 2010 AGENDA ITEM SUMMARY STAFF: Don Vagge FORT COLLINSCOUNCIL SUBJECT- First Reading of Ordinance No.082,2010,Appropriating Prior Year Reserves in the General Fund from Police Seizure Activities for Police Services. EXECUTIVE SUMMARY State law allows 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. Colorado state law requires that the proceeds from successful asset seizure and forfeiture actions are to be used for law enforcement purposes and thatthe 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. BACKGROUND / DISCUSSION• 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 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 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. FINANCIAL/ECONOMIC IMPACTS This Ordinance appropriates $10,250 into the Police Services budget. This amount represents money awarded by the courts pursuant to civil asset seizure and forfeiture actions in 2009 and previous years, 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. The funds will be used by Police Services to fund partnerships with community groups that seek to promote positive youth activities, anti-violence and anti-drug activities, as well as programs that focus on the well-being of children victimized by crime in our community. The budget approved by the Forfeiture Committee for 2010 represents a reduction in expenditures of nearly$7,000 from the 2009 amount, largely because spending at the previous levels is not sustainable and will result in a depletion the money in the General Fund Reserve account in less than two years. By systematically reducing spending from this account, it is the Committee's intention to increase the time frame in which these funds can be utilized to fund strong and effective community partnerships. These partnerships directly impact the community health and safety by funding anti-drug education and providing support for community based programs that focus on the well-being of children victimized by crime in the community. July 6 2010 -2- ITEM 15 STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD/COMMISSION RECOMMENDATION The Forfeiture Committee,consisting of the Mayor, District Attorney and Chief of Police, has reviewed and approved the 2010 Seizure Budget. ATTACHMENTS 1. 2010 Seizure Fund Budget 2. 2009 Annual Seizure Fund Report ATTACHMENT 2010 Seizure Budget PROGRAM: Police Seizure Fund 2010 Chart of Accounts Budget Contractual 527400 Training/Education Youth Police Academy 3,000 D.A. Training and drug awareness projects 3,500 Subtotal 6,500 529290 Other Contractual Partnership Grant Request 250 Larimer County Child Advocacy Center 1,500 Request from Mayor 500 Child Safe Donation 1,000 Mental Health Partnership Steering Committee 500 Subtotal 3,750 Total Contractual Services 10,250 Commodities 539320 Other Commodities Subtotal 0 Total Proposed Budget 10,250 (Savings) 544520 Other Capital 2011 Carry-over(Future Needs) 28,733 Total 28,733 Budget& Future Savings Total 381983 ATTACHMENT 2 MEMORANDUM May 14, 2010 To: Dennis Harrison, Chief, Fort Collins Police Services . Donald Vagge, 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 2009. SUMMARY OF SEIZURE ACTIVITIES. x Seizures Initiated This Year: During 2009 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 2009 Income Summary for the Fort Collins Police Services Seizure Account: Total Income $ 0 2010 Carry-Over $ 30,899 2009 Remaining Balance $8,085 Available for 2010 $ 38,984 r ORDINANCE NO. 082, 2010 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 through civil forfeiture proceedings contraband used in or gained from criminal activities; and WHEREAS,funds from seizure activities in 2009 and prior years in the amount of$38,984 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,$10,250 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 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 2010 seizure budget; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated from unanticipated revenue in the General Fund the sum of TEN THOUSAND TWO HUNDRED FIFTY DOLLARS ($10,250) for expenditure in the General Fund for Police Services expenditures which are consistent with its functions and duties. Introduced,considered favorably on first reading,and ordered published this 6th day of July, A.D. 2010, and to be presented for final passage on the 20th day of July, A.D. 2010. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 20th day of July, A.D. 2010. Mayor ATTEST: City Clerk