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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.