HomeMy WebLinkAboutIncrease in the Appropriation in the Narcotic Forfeiture Fun CITY OF HUNTINGTON BEACH
MEETING DATE: JULY 7, 2003 DEPARTMENT ID NUMBER: PD-03-014
Council/Agency Meeting Held: �� `�' 03
Deferred/Continued to: 70-c
Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature
Council Meeting Date: JULY 7, 2003 Department ID Number: PD-03-014
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CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
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SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS r:
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SUBMITTED BY: RAY SILVER, City Administrator CD
PREPARED BY: KENNETH W. SMALL Chief of Police r,�S-1�
SUBJECT: APPROVE THE INCREASE IN THE APPROPRIATION IN THE
NARCOTIC FORFEITURE FUND
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
The Asset/Narcotics Forfeiture Sharing Authority was established in October 1993. The
purpose of the Narcotic Forfeiture Fund is to provide a required account to deposit equitable
sharing funds from narcotics investigations. The appropriation currently in the Narcotics
Forfeiture Fund is not sufficient to cover costs associated with the program. The
appropriation for this year needs to be increased by $20,000 in order to cover additional
costs.
Funding Source:
The total program cost for fiscal year 2002/03 is $70,000. Of this amount, $50,000 already
exists in the Narcotics Forfeiture expenditure account, number 21270101. The additional
$20,000 will need to be appropriated from the Narcotics Forfeiture Fund Balance
212.31100.1999. Revenues were received in excess of the appropriated budget. These
funds are not allowed to be used for General Fund purposes, existing programs or existing
personnel.
RCA-Increase to Narco Forfeiture fund.DOT 4- 6/24/2003 2:11 PM
REQUEST FOR ACTION
MEETING DATE: JULY 7, 2003 DEPARTMENT ID NUMBER: PD-03-014
Recommended Action:
1. Authorize the appropriation of $20,000 from the Narcotics Forfeiture Fund Balance,
account number 212.31100.1999, and
2. Increase the Narcotics Forfeiture expenditure account by $20,000, account number
21270101, and
3. Authorize the expenditure of the funds for police program related expenses.
Alternative Action(s):
Do not increase the appropriation and direct staff accordingly.
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 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 period of time from the completion of the investigation to the receipt of asset forfeiture
funds could be as long as two years.
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. Originating agency of the preliminary information.
2. The amount and value of unique or indispensable assistance an agency provided.
3. 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.
RCA-Increase to Narco Forfeiture fund.DOT -0- 6/24/2003 2:11 PM
REQUEST FOR ACTION
MEETING DATE: JULY 7, 2003 DEPARTMENT ID NUMBER: PD-03-014
Existing or new laws, rules and regulations regarding the use of specific funds available for
law enforcement purposes, determine the expenses permissible for forfeiture funds. 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.
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.
Approximately 10 years ago the Narcotic Forfeiture Fund was able to support 11 personnel,
which included 6 Narcotics Investigators, 1 Civilian Clerk and 4 D.A.R.E. Police Officers. In
1995, the regulations pertaining to the use of the Narcotics Forfeiture revenue/property
changed. 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. The current expenditure business unit, 1270101,
associated with Narcotic Forfeiture is appropriated at $50,000. The additional appropriation
of $20,000 is needed to cover operating costs related to investigations. The appropriation is
directly offset by forfeiture revenue, which exists in account 212.31100.1999.
Document1 -4- 6/25/2003 3:28 PM
REQUEST FOR ACTION
MEETING DATE: JULY 7, 2003 DEPARTMENT ID NUMBER: PD-03-014
Environmental Status:
Not Applicable
Attachment(s):
1. FIS
RCA Author: Shawna Krone-Schmidt
Documend -5- 6/25/2003 3:28 PM
ATTAC H M E N T
# 1
A, CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
To: Ray Silver, City Administrator
From: Clay Martin, Director Of Administrative Services
Subject: FIS 2003-27 Increase the Appropriation in the Narcotics
Forfeiture Fund
Date: June 24, 2003
As required by Resolution 4832, this Fiscal Impact Statement has
been prepared for "Increase the Appropriation in the Narcotics
Forfeiture Fund."
If the City Council approves this request (total appropriation $70,000
of which $50,000 is covered in the original budget and $20,000 is a
new appropriation), the estimated unreserved, undesignated
Narcotics Forfeiture Fund Balance at September 30, 2003 will be
reduced to $2,000.
Clay M n
Directo of Administrative Services
RCA
ROUTING SHEET
INITIATING DEPARTMENT: Police Department
SUBJECT: Increase the Appropriation in the Narcotics Forfeiture
Fund.
COUNCIL MEETING DATE: July 7, 2003
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 Attorney) 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; FORWARDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial Gz
City Clerk ( )
EXPLANATION FOR.RETURN OF ITEM:
(Below Space For City Clerk's Use Only)
RCA Author: Shawna Krone-Schmidt
REQUEST FOR LATE SUBMITTAL
(To accompany RCA's submitted after Deadline
Department: Police Dept. Subject Increase Appropriation in the Narcotics
Forfeiture Fund.
Council Meeting Date: Date of This Request: 6/23/03
7-7-03
REASON (Why is this RCA being submitted late?):
Unable to receive information to complete RCA.
EXPLANATION (Why is this RCA necessary to this agenda?):
Funds needed to cover immediate expenses.
CONSEQUENCES How shall delay of this RCA adversely impact the City?):
Inability to pay vendor.
Signature: MApproved 0 Denied
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Department Head Ray Silver
City Administrator
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