HomeMy WebLinkAboutAppropriation of Funds from the State Narcotics Forfeiture A UTY OF HUNTINGTON BEA((,.r-ql,
MEETING DATE: October 18, 2004 DEPARTMENT ID NUMBER: PD 04-014
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Council Meeting Date: October 18, 2004 Department"N ber: P D 204-0-14
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CITY OF HUNTINGTON BEACH C7)
REQUEST FOR CITY COUNCIL ACTION CD
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SUBMITTED TO: HONORABLE MAYOR & CITY COUNCIL MPRERS :--
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SUBMITTED BY: PENELOPE CULBRETH-GVA�T, CITY ADMINISTRATOR'
PREPARED BY: KENNETH W. SMALL, CHIEF OF POLICE
SUBJECT: Approve Appropriation for State Narcotics Forfeiture Account
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
There is a need to appropriate funds for the State Narcotics Forfeiture Account to pay for
expenses in the Police Department.
Funding Source:
Appropriate $250,000 from the State Narcotics Forfeiture Account, Fund 21400214 to
expense account 21470101.
Recommended Action:
1. Appropriate $250,000 from the Narcotics Forfeiture Fund, number 21400214 to expense
account 21470101, and
2. Approve the expenditure of those funds to pay for costs within the Police Department.
Alternative Action(s):
Do not appropriate funds from the State Narcotics Forfeiture Fund to pay for expenses in the
Police Department and direct staff accordingly.
RCA State Narcotics Fund Appro 04-05.doc -2- 10/5/2004 11:51 AM
RE EST FOR CITY COUNCIL At, PION
MEETING DATE: October 18, 2004 DEPARTMENT ID NUMBER: PD 04-014
Analysis:
In October 1993, the Asset Forfeiture Sharing Authority was established under the
Department of Justice. The concept was to allow law enforcement agencies that directly
participate in a drug investigation or prosecution which result in a federal forfeiture to request
an equitable share of the net proceeds of that forfeiture. The Department of Justice (D.O.J.)
regulates the forfeiture program and enforces the regulations pertaining to it.
The Huntington Beach Police Department currently participates in the Narcotics Forfeiture
Program at the State and Federal levels. The amount of each forfeiture is determined by a
formula, which allows for the local agency to receive up to 65% of the net proceeds of
forfeited assets. If other law enforcement agencies are involved in the forfeiture, then the
proceeds are distributed according to the amount of time and information provided by each
agency. The 35% balance of the net proceeds is required to be given to the judicial system.
The period of time from the completion of the investigation to the receipt of asset forfeiture
funds could be as long as two years due to the judicial proceedings related to the seizure.
The total amount of each forfeiture judgment is dependent on the amount of cash or property
that is seized, the court decision, any appeals and the number and level of law enforcement
agencies involved in the investigation that lead to the seizure. If the general standard of
comparing the number of hours expended by each agency on the investigation does not
adequately reflect the full degree of involvement, then three other criteria can be used to
increase the amount of assets that an agency can be awarded. These criteria are:
1. If an agency originated the preliminary information.
2. The amount and value of unique or indispensable assistance an agency provided.
3. If the agency that started the investigation finds a broader impact and combines efforts
with other agencies (local, state or federal), but participates at a lower level then the other
agencies.
The permissible expenses for forfeiture funds are based on existing or new laws, rules and
regulations and are generally managed by the D.O.J. The following expenses have been
approved by the D.O.J.:
1. Activities for the support of investigations and operations that may result in further
seizures.
2. Law enforcement training to perform official law enforcement duties.
3. The purchase of body armor, firearms, radios, cellular telephone, computer equipment,
software to support law enforcement.
4. Costs for narcotics task force/undercover operations related to vehicles, electronic
surveillance equipment, uniforms, travel, transportation, supplies, leasing of office or other
space.
5. The costs associated with construction, expansion, improvement or operation of a
detention facility.
RCA State Narcotics Fund Appro 04-05.doc -3- 9/27/2004 11:52 AM
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REWEST FOR CITY COUNCIL A%. nON
MEETING DATE: October 18, 2004 DEPARTMENT ID NUMBER: PD 04-014
6. The costs associated with basic and necessary facilities, government furniture, safes, file
cabinets, telecommunications equipment, etc. that are necessary for law enforcement
duties.
7. The first year costs associated with starting a drug education program.
8. The costs associated with supporting multi-agency items or facilities.
9. Costs associated with accounting, auditing and tracking of expenditures of shared cash.
The regulations do not allow for forfeiture funds to be used for the following:
1. Payment of salaries for existing permanent law enforcement positions.
2. Use of forfeited property by non-law enforcement personnel.
3. Payment of any non-law enforcement expenses.
4. Uses of property or funds that have not been pre-approved by the federal decision
maker, either by existing regulations or special request.
5. Uses contrary to state or local laws.
6. Non-official government use of shared assets.
7. Any expenditure that would appear extravagant, wasteful or improper.
The Department of Justice regulations specifically state that forfeiture funds may not be used
to supplant existing services and may only pay for new services or programs for one year
from the inception of the program/service. In the past, the expenses from this fund have
included:
Safety equipment for patrol officers
Specialized Training
Office furniture to address ergonomic issues
The Police Department is requesting an appropriation of $250,000 from the State Narcotics
Revenue Account, 21400214 to the matching expense account 21470101. The use for the
funding has not been specifically identified to the needs within the Police Department, except
payments on the ergonomic furniture that was installed over a year ago and is being financed
through this fund. As the needs of the Police Department are prioritized, this fund will be
assigned to as many as those needs that are allowed by the Department of Justice
regulations. The appropriation is directly offset by forfeiture revenue, which exists in the
revenue account under 214.31100.
COUNCIL POLICY REGARDING REQUESTS FOR AN APPROPRIATION OF FUNDS:
As adopted by the City Council in March 1998, all requests for appropriation of funds must
meet one of the following criteria; 1) The request is for an unanticipated emergency, 2) The
request is required to implement labor negotiations, or 3) The request will be offset by related
new revenues.
The new appropriation being requested will be fully offset by the narcotic asset forfeitures
under criteria #3.
RCA State Narcotics Fund Appro 04-05.doc -4- 10/6/2004 10:34 AM
R8 JEST FOR CITY COUNCIL ANION
MEETING DATE: October 18, 2004 DEPARTMENT ID NUMBER: PD 04-014
Environmental Status:
None
Attachment(s):
1 Fiscal Impact Statement
RCA Author: Shana Bawa
RCA State Narcotics Fund Appro 04-05.doc -5- 10/4/2004 11:16 AM
ATTAC H M E N T
# 1
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
To: Penelope Culbreth-Graft, City Administrator
From: Clay Martin, Director of Administrative Services
Subject: FIS 2004 — 35 Approve Appropriation for State Narcotics
Forfeiture Account
Date: September 27, 2004
As required by Resolution 4832, this Fiscal Impact Statement has
been prepared for "Approve Appropriation for State Narcotics
Forfeiture Account"
If the City Council approves this action (total appropriation $250,000),
the estimated fund balance of the Narcotics Forfeiture Fund will be
reduced t 9 00
Clay aytK
Director of Administrative Services
RCA ROUTING SHEET
INITIATING DEPARTMENT: Police
SUBJECT: Approve Appropriation for State Narcotics Forfeiture
Account
COUNCIL MEETING DATE: October 18, 2004
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
Approved as to form by City Attome Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over$5,000) Attached
Bonds (If applicable) Not Applicable
Staff Report If applicable Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORW R ED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
S
(Below Space For City Clerk's Use
4
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RCA Author: Shana Bawa