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ORDINANCE NO. 8976
AN ORDINANCE APPROVING THE BUDGET AND
APPROPRIATION OF FUNDS IN THE FEDERAL FORFEITURE
ACCOUNT IN THE AMOUNT OF $60,000 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 $60,000 are hereby budgeted and appropriated out of the
Federal Forfeiture Account for the use and benefit of the Police Department.
SECTION 2.
Project No. FF1601, Narcotics Unit Operating Expenses, is hereby established and the
amount of $60,000 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: February 22, 2016
BY: Ed Brown
PASSED AND APPROVED: March 14, 2016
City Clerk’s Office Item # R-1
Background Paper for Proposed
ORDINANCE
COUNCIL MEETING DATE: February 22, 2016
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
$60,000 FOR USE AND BENEFIT OF THE POLICE DEPARTMENT
SUMMARY:
The proposed ordinance will allow the Police Department to use $60,000 obtained from Federal
Forfeitures to pay for Lexipol and CALEA annual fees, Narcotics Unit operating costs, and travel
expenses.
PREVIOUS COUNCIL ACTION:
On January 12, 2015, City Council approved Ordinance Number 8823 that provided for the use
of $330,707 in Federal Forfeiture funds. The current Federal Forfeiture disbursement is
considerably less because the Asset Forfeiture Equitable Sharing Program has been severely
curtailed by the Bipartisan Budget Act of 2015.
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 $60,000 will be used to pay Lexipol and CALEA annual fees, Narcotics Unit operating costs,
and travel expenses.
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,
Council President Stephen G. Nawrocki, City Manager, Sam Azad, Chief of Police, Luis Velez,
and District Attorney, Jeff Chostner. The committee met on February 4, 2016 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 law
shall not be used
enforcement agency or any other ultimate recipient agency. Shared resources
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 February 4, 2016