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Home My WebLink About09360ORDINANCE NO. 9360 AN ORDINANCE APPROVING THE BUDGET AND APPROPRIATION OF FUNDS IN THE FEDERAL FORFEITURE ACCOUNT IN THE AMOUNT OF $162,520.07 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 $162,520.07 are hereby budgeted and appropriated out of the Federal Forfeiture Account for the use and benefit of the Police Department. SECTION 2. Project No. FF1801, Police Vehicle Purchase and Equipment, is hereby established and the amount of $162,520.07 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: October 22, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: November 12, 2018 City Clerk’s Office Item # R-4 Background Paper for Proposed ORDINANCE COUNCIL MEETING DATE: October 22, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Troy D. Davenport – Chief of Police SUBJECT: AN ORDINANCE APPROVING THE BUDGET AND APPROPRIATION OF FUNDS IN THE FEDERAL FORFEITURE ACCOUNT IN THE AMOUNT OF $162,520.07 FOR USE AND BENEFIT OF THE POLICE DEPARTMENT SUMMARY: The proposed ordinance will allow the Police Department to use $162,520.07 obtained from Federal Forfeitures 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. PREVIOUS COUNCIL ACTION: On December 11, 2017, City Council approved Ordinance Number 9210 that provided for the use of $285,345.21 in Federal Forfeiture funds. Ten (10) months have passed since the last Federal Forfeiture disbursement and additional Federal Forfeiture funds have been paid to the City during that time. 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 $162,520.07 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, City Council Vice-President Ed Brown, City Manager, Sam Azad, Chief of Police, Troy Davenport, and District Attorney, Jeff Chostner. The committee met on October 3, 2018 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 enforcement agency or any other ultimate recipient agency. Shared resources shall not be 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 the entire law enforcement budget. 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 October 3, 2018 ANNUAL FEDERAL FORFEITURE COMMITTEE MEETING MINUTES OCTOBER 3, 2018 9:00am A meeting of the Federal Forfeiture Committee was held in the City Manager's Office, 1 City Hall Place, at 9:00 am on Wednesday, October 3, 2018. The meeting was called to approve a budget to utilize Federal Forfeiture funds by the Pueblo Police Department. PRESENT: Ed Brown, City Council Vice-President and Council Representative; Sam Azad, Pueblo City Manager; Troy Davenport, Chief of Police; Michael L. Bennett, Deputy Chief of Police; Roni Kimbrel, Director of Finance; Kayleigh McKenzie, Grants Analyst in Finance and Alisa Boerhave, Police Administrative Tech. The District Attorney's Office was invited but was unable to attend due to conflicting scheduled events. The voting members in attendance are the Pueblo City Council Representative; the City Manager, and the Chief of Police. Deputy Chief Bennett welcomed everyone, stating the last Federal Forfeiture Committee Meeting was September 25, 2017. DC Bennett thanked everyone for their work on the Federal Forfeiture expenditures. DC Bennett distributed two separate packets of information. ➢ The first was the previous meeting's minutes. ➢ The second contained: • The 2017-2018 Federal Forfeiture Funding Requests and Expenditures from the 2017 Federal Forfeiture meeting. • The 2017-2018 Federal Forfeiture Actual Expenditures. • The Special Project FF1701 Expenditures from Ordinance #9210. • 2017-2018 Expenditures from the 217-56011 (Federal Forfeiture) Operating Supplies Account. This shows the detailed list of expenditures. • 2018 Federal Forfeiture Available Funds. It projects the yearly $60,000 narcotics usage in 2019 and the final costs of two previous approved projects. This page shows there is $162,520.07 available to distribute as of Sept 29, 2018. • 2018-2019 Federal Forfeiture Funding Requests of available funds. We have not specified marked or unmarked vehicles due to the final assessment of costs for the most needed vehicles. City Manager Sam Azad made a motion to approve the 2017 minutes, Council Vice-President Ed Brown seconded and the minutes were approved unanimously. Deputy Chief Bennett explained that the incoming funds to the Federal Forfeiture has picked up. Our current pressing need is for unmarked vehicles. Chief Davenport added that one Deputy Chief is driving a car that is horrible. Deputy Chief Bennett's car has 235,000 miles. A Captain has a car with 233,000 miles. A second Captain has a car that smells like gas inside. And the Chief's car has 179,000 miles. Chief Davenport explained that the line-level, marked vehicles for our offices is our first priority. We have pretty much reached a point that the marked vehicles are taken care of and are good on marked vehicles. Director Kimbrel asked how many cars can be purchased with these available funds. Deputy Chief Bennett explained that the Chief and Deputy Chiefs are looking at Ford Escapes and they run about $25,000 each. We are looking at Ford Fusions for the Captains. The Fusions run around $20,000 each. This will also be based on the costs that are submitted in the formal bid process. Councilman Brown asked how long before we get the vehicles. Chief Davenport and Deputy Chief Bennett both agreed it would be a couple months after the Ordinance is approved. Deputy Chief Bennett is hopefully that the vehicles will not have to be ordered and can be purchased right off the lot. Chief Davenport explained that the unmarked vehicles can come directly from the car lot and then be fitted with the police radios. Marked vehicles have to be sent out for special wiring to be installed. City Manager Azad commented that Deputy Chief Bennett's old vehicle will be transferred to Finance for their use. Director Kimbrel added that Finance had also just gotten an older vehicle from the Fire Department. DC Bennett stated that an ordinance has been drafted and is being reviewed by the City's legal and finance departments. This ordinance is on City Council's October 22 and November 12 agendas. City Manager Azad motioned to approve the 2017-2018 Federal Forfeiture budget and Council Vice-President Brown seconded. The motioned was approved unanimously. The meeting was adjourned at 9:18 am. The next meeting date and time have yet to be determined and will be announced. LL QA Alisa Boerhave Administrative Tech Pueblo Police Department