HomeMy WebLinkAbout08823ORDINANCE NO. 8823
AN ORDINANCE APPROVING THE BUDGET AND
APPROPRIATION OF FUNDS IN THE FEDERAL FORFEITURE
ACCOUNT IN THE AMOUNT OF $330,707 FOR USE AND
BENEFIT OF THE POLICE DEPARTMENT
WHEREAS, funds are available in the Federal Forfeiture Account for the use and benefit
of the Police Department; and
WHEREAS, the Police Department is in need of certain items to maintain the safety and
efficiency of its officers; and
WHEREAS, the committee on disposition of forfeited property has approved such use of
funds; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Funds in the total amount of $330,707 are hereby budgeted and appropriated out of the
Federal Forfeiture Account for the use and benefit of the Police Department.
SECTION 2.
Project No. FF1501, Police Vehicle Purchase and Equipment, is hereby established and
the amount of $330,707 is authorized to be expended therefrom.
SECTION 3:
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance.
SECTION 4.
This Ordinance shall become effective upon final passage.
INTRODUCED: December 22, 2014
BY: Ed Brown
PASSED AND APPROVED: January 12, 2015
City Clerk’s Office Item # R-3
Background Paper for Proposed ORDINANCE
COUNCIL MEETING DATE: December 22, 2014
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Chief Luis Velez – Police Department
SUBJECT: AN ORDINANCE APPROVING THE BUDGET AND APPROPRIATION OF
FUNDS IN THE FEDERAL FORFEITURE ACCOUNT IN THE AMOUNT OF
$330,707 FOR USE AND BENEFIT OF THE POLICE DEPARTMENT
SUMMARY:
Shall funds in the amount of $330,707.00 be budgeted and appropriated for the purchase and
equipping of police vehicles, Lexipol and CALEA annual fees, Narcotics Unit operating costs,
and travel expenses?
PREVIOUS COUNCIL ACTION:
On November 11, 2013, City Council approved Ordinance Number 8655 that provided for the
same basic dispersements of Federal Forfeiture funds, although the amount of funds involved in
that Ordinance was $211,091.
BACKGROUND:
The funds in the Federal Forfeiture Account are confiscated funds from drug arrests. Federal
Guidelines stipulate that these funds are to be used for the benefit of the Police Department.
They can only be used to supplement the police budget, not supplant it. The City is in receipt of
these funds.
FINANCIAL IMPLICATIONS:
The $330,707 will be spent as follows: $287,000 for seven (7) new police vehicles and their
related equipment, and $43,707 for the purchase of 4-6 newer model unmarked replacement
police vehicles, as necessary.
BOARD/COMMISSION RECOMMENDATION:
Per the U.S. Department of Justice’s Guide to Equitable Sharing for State and Local Law
Enforcement Agencies, the local law enforcement agency is required to “Establish an internal
procedure to recommend expenditures from the revenue account. In many small agencies, the
chief of police determines the purposes for which the funds are used. In larger agencies,
committees have been formed to make recommendations for expenditures to the agency head.
The agency head must authorize all expenditures from the federal sharing revenue account.”
Our Federal Forfeiture Committee is made up of the following members: City Council
Representative, Eva Montoya, City Manager, Sam Azad, Chief of Police, Luis Velez, and District
Attorney, Jeff Chostner. The committee met on December 8, 2014 and concurs on the
expenditures outlined in the Ordinance.
STAKEHOLDER PROCESS:
Not Applicable
ALTERNATIVES:
Per the U.S. Department of Justice’s Guide to Equitable Sharing for State and Local Law
Enforcement Agencies, the following language exists, pertaining to equitable sharing:
“Sharing must be used to increase or supplement the resources of the receiving state or local
shall not be
law enforcement agency or any other ultimate recipient agency. Shared resources
used
to replace or supplant the appropriated resources of the recipient. The recipient agency
must benefit directly from the sharing. In determining whether supplantation has occurred, the
Department of Justice will examine the law enforcement agency’s budget as a whole and allow
agencies to use equitable sharing funds for any permissible purpose as long as shared funds
increase entire law enforcement budget
the . The Department of Justice may terminate
sharing with law enforcement agencies that are not permitted by their governing authorities to
benefit directly from equitable sharing.”
Based on the U.S. Department of Justice’s guidelines, Federal Forfeiture assets must be
dedicated to the local law enforcement agency or risk termination from the equitable sharing
program.
RECOMMENDATION:
Approval of the Ordinance.
Attachments: Federal Forfeiture Committee Meeting Minutes from the meeting
held on December 8, 2014