Loading...
HomeMy WebLinkAbout09256 ORDINANCE NO. 9256 AN ORDINANCE APPROVING THE BUDGET AND APPROPRIATION OF FUNDS IN THE STATE FORFEITURE ACCOUNT IN THE AMOUNT OF $19,879.42 FOR USE AND BENEFIT OF THE POLICE DEPARTMENT WHEREAS, funds are available in the State 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 $19,879.42 are hereby budgeted and appropriated out of the State Forfeiture Account for the use and benefit of the Police Department. SECTION 2. Project No. SF1801, Police Vehicle Purchase and Equipment, is hereby established and the amount of $19,879.42 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 to effectuate the policies and procedures described herein. SECTION 4. This Ordinance shall become effective upon final passage. INTRODUCED: March 26, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: April 9, 2018 City Clerk’s Office Item # R-7 Background Paper for Proposed ORDINANCE COUNCIL MEETING DATE: March 26, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Chief Troy D. Davenport – Police Department SUBJECT: AN ORDINANCE APPROVING THE BUDGET AND APPROPRIATION OF FUNDS IN THE STATE FORFEITURE ACCOUNT IN THE AMOUNT OF $19,879.42 FOR USE AND BENEFIT OF THE POLICE DEPARTMENT SUMMARY: The proposed Ordinance will allow the Police Department to use $19,879.42 obtained from a single State Forfeiture case (KM-17-0006) to pay for the purchase and equipping of police surveillance vehicle(s). PREVIOUS COUNCIL ACTION: On October 10, 2017, City Council approved Ordinance Number 9210 that budgeted and appropriated a total of $285,345.21 in Federal Forfeiture funds. This State seizure was inadvertently included in that Federal Forfeiture disbursement. The State seizure has now been removed from the Federal Forfeiture funds and placed in the State Forfeiture accounts, but it must be budgeted and appropriated before it can be utilized. BACKGROUND: The funds in the State Forfeiture Account are confiscated funds from drug arrests. Federal and State 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 $19,879.42 will be used to pay for the purchase and equipping of police surveillance vehicle(s). These are the only State Forfeiture funds available since Colorado State Forfeiture funds are no longer applicable. 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, and through the separate Federal Forfeiture Ordinance passed by City Council on October 10, 2017 (Ordinance Number 9210). BOARD/COMMISSION RECOMMENDATION: N/A STAKEHOLDER PROCESS: N/A 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 and State Forfeiture assets must be dedicated to the local law enforcement agency or risk termination from the equitable sharing program. RECOMMENDATION: Approval of the Ordinance.