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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/07/2002 - FIRST READING OF ORDINANCE NO. 067, 2002, APPROPRI AGENDA ITEM SUMMARY ITEM NUMBER: 14 FORT COLLINS CITY COUNCIL DATE: May 7, 2002 STAFF: Tom McLellan SUBJECT: First Reading of Ordinance No. 067,2002,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 $40,930 into the Police Services budget. This amount represents money awarded by the courts in 2001 and held in a General Fund restricted reserve account awaiting appropriation. 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 February 19, 2002, and approved the 2002 Seizure Fund budget. DATE: May ' 2002 2 ITEM NUMBER: 14 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 cape,responsibility,and fairness in these matters. The Larimer 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 "2001 Annual Seizure Fund Report," outlining the 2001 seizure fund expenditures and income. The second document shows the 2002 budget,which has been approved by the Forfeiture Committee. This document shows a breakdown of anticipated expenditures for 2002, if the appropriation is approved by Council. MEMORANDUM February 11, 2002 To: Dennis Harrison, Chief, Fort Collins Police Services Tom McLellan, Division Commander, Fort Collins Police Services Jack Taylor, Lieutenant, Investigative Division Edna Hoemicke, 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 2001. SUMMARY OF SEIZURE ACTIVI7I S, Seizures Initiated This Year: During 2001 Fort Collins Police Services initiated the following seizure action: 01-3622 '94 Jeep Cherokee ** ** Case 01-3622 involved a third party owner of the vehicle seized, so vehicle was returned to owner. **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 urts: None. Seizures With Court Action: None. Federal Funds Received From Federal Seizures, None. income Summary for the and gua r of 2001 Fort Collins Poice Services Seizure Account 1°Quarter Shared Distribution $ 4,880.04 2"d Quarter Shared Distribution $12,519.00 *3rd Quarter Shared Distribution $ 0.00 Z'r Quarter Shared Distribution $ 0.00 TOtit Income $17,3".04 *3rd and 4t° quarter'shared distributions were not paid to agencies per CEO agreement to use funds to furnish the new Task Force building. SUMMARY OF EXPENDITURES: During 2001 the following expenditures were made from the Fort Collins Police Services Seizure account. Vendor/Reference Balance Original Budget Amount ,2�6,pm E p Lewan &Associates (In-focus Projector) $ 3,992.80 Neighborhoods United (Youth Activities) $ 1,000.00 Motorola (800 MHz radio rental) $ 2,000.00 Boys&Gins Club of Larimer County (Aussie Table for July 14) $ 600.00 Database Technologies Inc. (Autotrak access for sic months) $ 3,300.00 LEEPAAC (Explorer Scout Conference) $ 3,100.00 Suicide Resource Center of Larimer County $ 200.00 Citizen Printing (drug free calendars) $ 1,500.00 Larimer County Multicultural Corporation(Community Diversity Event) $ 1,000.00 First Bankcard Center(Domestic Violence Conference for 3. Lee) $ 1,154.37 GoJo's Sports(LRVR.hats) $ 446.40 Sombrero Ranches(horse rental for LRVR) $ 1,800.00 Police Partnership Grant Funds(Youth Police Academy) $ 1,901.32 Totals: $ 21,994.89 End of Quarter Balance: $ 23,531.11 2 2001 FCPS SEIZURE BUDGET SUMMARY • PROGRAM: Police Seizure Fund 2001 2001 Chart of Accounts Budget Spent Contractual 527400 Training/Education Explorer Conference 3,600.00 3.100.00 National Conference-DA's Office (Stu) 1,200.00 1,154.37 Neighborhoods United Donation (Ray) 1,000.00 1,000.00 Total 5,800.00 5,254.37 529290 Other Contractual 2001 Adult Drug Court (Stu) 1,000.00 2001 Drug Free Calendar 1,500.00 1,500.00 800 MHz Radio Rental 2,000.00 2,000.00 Auto Trac Access 5,000.00 3,300.00 BASH After Prom Party Donation 1,250.00 - Boys&Girls Club of Larimer County 500.00 600.00 D.A.R.E. Force 125.00 - Larimer County Child Advocacy Center 1,250.00 - Suicide Resource Center of Larimer County 200.00 200.00 Turn Off the Vblence Litereture (Stu) 1,100.00 - Win shadow Cycle Tour Donation 500.00 Odw Charitable O izedons: 2,500.00 Larimer County Multicultural Corporation (Community Divers' Event) 1.000.00 • Total 16,925.00 8,800.00 Total Contractual Services 22,725.00 13,864.37 Commodities 539320 Other Commodities FWkePartrwrshi Grants: 2,500.00 Youth Police Academy 1,901.32 Rendezvous Contribudon: Hats 500.00 446.40 Horses 1,800.00 1,800.00 Low-Rider Community Outreach 2,400.00 1 Sniper Tripod 1,000.00 - Training Projector 4,000.00 3,992.80 Training External CD-RW 300.00 Total 12,500.00 8,140.52 Total Commodities Ca Balance 544520 Other Capital 2002 Carry-over Future Equipment Needs) 7,255.00 Total 7,255.00 • 2001 TOTAL SEIZURE FUND BUDGET $42,480.00 2001 TOTAL SEIZURE FUND BUDGET SPENT $21 9".89 "'never billed in 2001,will pay in 2002 Police Services Office of Police Chief City of Fort Collins FORT COLLINS POLICE SERVICES 2002 Seizure Fund Budget Contractual 527400 Training $ 5,200.00 529290 Other Contractual $ 12,800.00 Sub-Total $ 18,000.00 Commodities 539320 Other Commodities $ 9,700.00 Capital 544520 Other Capital $ 13,230.00 TOTAL $40,930.00 Approved by the Forfe' Committee,February 19,2002 do ph RlVk5tinez Mayor of the City of Fort Collins Stuart A VanMeveren District Attorn`e'y-EEig�hth Judicial District Denm�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 2002 Recommended Seizure Budget PROGRAM: Police Seizure Fund 2002 Chart of Accounts Requested Budget Contractual 527400 Training/Education Youth Police Academy 3,000 National Conference-DA's Office (Stu) 1,200 Neighborhoods United Donation c/o American Red Cross (Ray) 1,000 Total 5,200 529290 Other Contractual 2001 Adult Drug Court Stu 1,000 2002 Adult Drug Court Stu 1,500 2002 Drug Free Calendar to 1,500 2002 Rights&Res sibs Literature to 1,500 Boys&Girls Club of Larimer County 600 Suicide Resource Center of Larimer County 200 B.A.S.H. after prom event 1,000 Larimer County Child Advocacy Center 500 Other Charitable Organizations 5,000 Total 12,800 Total Contractual Services 18,000 Commodities 539320 Other Commodities Police Partnership Grants 6,000 Rendezvous Contribution: Hats 500 Horses 1,800 Low-Rider Community Outreach 2,4D0 Total 9,700 Total Commodities 9,700 Capital Balance 544520 Other Capital 2003 Carry-over Future Equipment Needs) 13,230 Total 13,230 Total 2003 Savings 13,230 2002 TOTAL SEIZURE FUND BUDGET $17,399 in 2001 revenue +$23,531 balance in 2001 budget) $ 40,930 771, • ORDINANCE NO. 067, 2002 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 2001 and prior years, in the amount of $40,930, 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 2002 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 FORTY THOUSAND NINE HUNDRED THIRTY DOLLARS($40,930)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 7th day of May, A.D. 2002, and to be presented for final passage on the 21st day of May, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 21 st day of May, A.D. 2002. Mayor ATTEST: City Clerk 2002 Recommended Seizure Budget EXHIBIT "A" PROGRAM: Police Seizure Fund 2002 Chart of Accounts Requested Budget Contractual 527400 Trainin ducetion Youth Police Academy 3,000 National Conference-DA's Office to 1,200 IV61917DON70ods United Donation c%American Red Cross Ra 1,000 Total 5,200 529290 Other Contractual 2001 Adult Druc Court (Stu) 1,000 2002 Adult Drug Court Stu 1,500 2002 Drug Free Calendar to 1,500 2002 Rights&Responsddfts LNersturo to 1;500 Boys&Girls Club of Larimer County 600 Suicide Resource Center of Larimer County 200 B.A.S.H. after prom event 1,000 Larimer County Child Advoca Center 500 Other Charitable O an¢ations 5,000 Total 12,800 Total Contractual Services 18,000 Commodities 539320 Omer Commodities Police Partnership Grants 5,000 Rendezvous Contribution: Hats 500 Horses 1,800 Low-Rider Community Outreach 2 400 Total 9,700 Total Commodities 9,700 Capital Balance 5"520 Other Capital 2003 Ca over Future Equi ment Needs 13,230 Total 13,230 Total 2003 Savings 13,230 I 2002 TOTAL SEIZURE FUND BUDGET $17,399 in 2001 revenue +$23,531 balance in 2001 budget) $ 40,930