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HomeMy WebLinkAbout09210ORDINANCE NO. 9210 AN ORDINANCE APPROVING THE BUDGET AND APPROPRIATION OF FUNDS IN THE FEDERAL FORFEITURE ACCOUNT IN THE AMOUNT OF $285,345.21 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 $285,345.21 are hereby budgeted and appropriated out of the Federal Forfeiture Account for the use and benefit of the Police Department. SECTION 2. Project No. FF1701, Police Vehicle Purchase and Equipment, is hereby established and the amount of $285,345.21 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. The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 5. This Ordinance shall become effective upon final passage. INTRODUCED October 10, 2017 BY: Ed Brown PASSED AND APPROVED: December 11, 2017 City Clerk’s Office Item # R-4 Background Paper for Proposed ORDINANCE COUNCIL MEETING DATE: October 10, 2017 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Chief Troy D. Davenport – Police Department SUBJECT: AN ORDINANCE APPROVING THE BUDGET AND APPROPRIATION OF FUNDS IN THE FEDERAL FORFEITURE ACCOUNT IN THE AMOUNT OF $285,345.21 FOR USE AND BENEFIT OF THE POLICE DEPARTMENT SUMMARY: The proposed ordinance will allow the Police Department to use $285,345.21 obtained from Federal Forfeitures to pay for the purchase and equipping of police vehicles, Lexipol and CALEA annual fees, Narcotics Unit operating costs, and travel expenses. PREVIOUS COUNCIL ACTION: On February 22, 2016, City Council approved Ordinance Number 8976 that provided for the use of $60,000.00 in Federal Forfeiture funds. Twenty (20) months has passed since the last Federal Forfeiture disbursement due to the negative effects on the Asset Forfeiture Equitable Sharing Program by the Bipartisan Budget Act of 2015 (rescission in 2016). 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 $285,345.21 will be used to pay for the purchase and equipping of police vehicles. Other Federal Forfeiture funds are used to pay for Lexipol and CALEA annual fees, Narcotics Unit operating costs, and travel expenses, as authorized by the U.S. Department of Justice’s Guide to Equitable Sharing, but are budgeted and appropriated through the annual operating budget Ordinance. 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, Councilman Ed Brown, City Manager, Sam Azad, Chief of Police, Troy Davenport, and District Attorney, Jeff Chostner. The committee met on September 25, 2017 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 September 25, 2017