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HomeMy WebLinkAboutCOW 2009-03-09 Item 4D - Ordinance - Police Department Drug Seizure FundCAS NUMBER: 09-034 AGr;ND.\ I'ri;1r TITLE An ordinance to establish a special revenue fund for the Tukwila Police Department drug seizure fund. C.v Discussion Motion illtg Date 03/09/09 tlltg Date SPONSOR SPONSOR'S SUMMARY BY Fund Source: Comments: If MTG. DATE 03/09/09 03/23/09 Resolution Ordinance n Bid Aavard Public Hearing Other Mtg Date llltg Date 03/23/09 Mtg Date Mtg Date Mtg Date Council 1 1 IVla 1 I Adm Svcs I 1 DCD Finance Fire Le 1 f P&R f Police I f PI-V A special revenue fund is proposed to segregate and account for the yearly accumulation of drug seizure revenues and expenditures from other resources within the General Fund. Council is being asked to approve an ordinance that will: (1) Make transfers from the General Fund of the accumulated drug seizure revenues and expenditures, (2) Establish budgeted revenue and expenditures in the new special revenue fund, and (3) Establish the the new Drug Seizure Special Revenue Fund 109. COW Mtg. n CA &P Crnte F &S Cmte I Transportation Crnte Utilities Cmte I Arts Comm. Parks Comm. If COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by 1 Mayor's review Council review 03/09/09 SH 1 1 nJ1J 03/23/09 SH 1 ITEM INFORMATION c 0 3 I ORIGINAL, AGENDA DATE.: MARCH 9, 2009 RECORD OF COUNCIL ACTION ITEM No. n Planning Comm. DATE: 03/03/09 RECOMMENDATIONS: SP()NS()R /ADMIN. Adoption of Ordinance COMMITTEE Unanimous approval; Forward to next Committee of the Whole COST IMPACT FUND SOURCE ExPI :NDITURI RI ;QuIl I?D AMOUNT BUDGETED $n /a $n /a APPROPRIATION REQUIRED $n /a MTG. DATE ATTACHMENTS 03/09/09 I Informational Memorandum dated 02/18/09 Informational Memorandum dated 3/4/09, requested by Finance and Safety Committee Ordinance in draft form Copy of Ordinance No. 2221 to be amended Minutes from the Finance and Safety Committee meeting of 03/03/09 TO: FROM: Shawn Hunstock, Finance Director DATE: February 18, 2009 SUBJECT: Ordinance to Establish a Special Revenue Fund for the Tukwila Police Department Drug Seizure Fund ISSUE City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee Jim Haggerton, Mayor Drug seizure funds are now comingled with other funds in the General Fund. It is an administrative burden to manually track the revenue and expenses each year. The funds also are not receiving interest accruals, which could be used for similar law enforcement activities. BACKGROUND In order to properly account for the seizure funds as well as for the expenditure of those funds, a special revenue fund is proposed to segregate these funds from other resources. Since the use of these funds is limited to drug enforcement related expenditures, a special revenue fund is the appropriate mechanism to account for this money. DISCUSSION In order to streamline the oversight process and to more appropriately account for the Tukwila Police Department's drug seizure revenue and expenditure activity, it is necessary to create a new special revenue fund (109). The attached draft ordinance will establish a new special revenue fund for the Tukwila Police Department Drug Seizure Fund as follows: General Fund (000): Revenue: Drug Seizure Revenue #000.369.300.00.00) Total Revenue Expenditures: Expenditure, Transfers Out Expenditure, Estimated Ending Fund Balance (Decrease) Total Expenditures Drug Seizure Special Revenue Fund (109): (200,000.00) (200.000.00) 154,646.65 (354,646.65) (200.000.00) Revenue: Transfers In 154,646.65 Seizure Revenue 200.000.00 Total Revenue 354.646.65 Expenditures: Operations 170,000.00 Estimated Ending Fund Balance 184,646.65 Total Expenditures 354.646.65 INFORMATIONAL MEMO Page 2 Upon adoption of an ordinance establishing the new fund, the Finance Department will transfer the appropriate budgeted amounts from the General Fund. The special revenue fund will also accrue interest which may be used for similar drug enforcement purposes. RECOMMENDATION The Council is being asked to consider the draft ordinance amending the 2009 -2010 budget and establishing the special revenue fund at the March 9, 2009 Committee of the Whole Meeting and the March 23, 2009 Special Meeting. Consideration of this issue at the March 23, 2009 Special Meeting will allow Finance to establish the fund right away and begin regular interest postings to the new fund. ATTACHMENTS Draft copy of proposed ordinance to establish a new special drug seizure revenue fund. Copy of Ordinance No. 2221 which adopted the current 2009 -2010 biennial budget. City of Tukwila Police Department An Accredited Agency Memorandum To: Council of the Whole From: David Haynes, Chief of Police Date: 03/04/2009 Re: Seizure Account David W Haynes, Chief of Police The purpose of this memorandum is to provide a brief outline as to where drug seizure money is generated. This memorandum was requested during the March 3 Finance and Safety Committee meeting. This memorandum is short and in no way provides all the detail required to manage drug seizures. There are three basic enforcement areas where property or currency is seized. Regardless of how the funds were seized all seized funds go through a seizure process prior to conversion for Police Department use. The three general areas are Patrol Officers, Tukwila Anti Crime Team Detectives, and Valley Narcotics Enforcement Team (VNET). Patrol officers play a vital role in drug enforcement in our community. Although the patrol officers are not primarily looking for drug violations they often encounter this crime through self initiated contacts or dispatched calls. When the patrol officer encounters a drug related incident they are authorized to make seizures. Our Tukwila Anti Crime Team Detectives spend a good portion of their time looking for and arresting individuals who are engaging in drug activity. These officers operate in plain clothes and drive civilian type vehicles when working. This unit has a higher level of expertise and focus when it comes to drug crimes. This unit also initiates seizures of property and currency as well as track our forfeiture process. Jim Haggerton, Mayor 6200 SouthcenterBlvd. Tukwila, WA 98188 Phone: 206 433 -1808 Pol. Dept. Fax: 206- 244 -6181; Admin. Fax: 206.433 -7197; Invest. Fax: 206 431 -3688 The final area to mention is our participation on the Valley Narcotics Enforcement Team (VNET) This team is currently assigned to work with the Drug Enforcement Administration (DEA) task force assigned to the Airport. This task force is also a HIDTA Task Force (High Intensity Drug Trafficking Area). Our contribution to this task force is one officer and participation on the oversight board of police chiefs. Current members of the board are Tukwila, Port of Seattle, Federal Way, Auburn, Kent, and Renton. When State seizures are made, by this task force, VNET handles the process. Some of the State seizures are then distributed to the City of Tukwila Police Department seizure account. hope this brief information is helpful. March 4, 2009 2 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE 2009 -2010 BIENNIAL BUDGET ADOPTED BY ORDINANCE NO. 2221, PROVIDING FOR THE TRANSFER OF FUNDS FOR REVENUES AND EXPENDITURES FROM THE GENERAL FUND; ESTABLISHING A NEW SPECIAL REVENUE FUND FOR THE TUKWILA POLICE DEPARTMENT'S DRUG SEIZURE FUND, ALONG WITH ADOPTION OF BUDGETED REVENUES AND EXPENDITURES IN THE DRUG SEIZURE FUND FOR 2009 -2010; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City's current accounting practice for the recognition of the Tukwila Police Department's drug seizure revenues and expenditures is to account for them within the General Fund; and WHEREAS, the City desires to streamline the oversight process in order to more appropriately account for the Tukwila Police Department's drug seizure revenue and expenditure activity, it is necessary to create a new special revenue fund to account for those specific revenue sources that are legally restricted to expenditures for particular purposes; and WHEREAS, the City finds it necessary to transfer the appropriate ending fund balance of $154,646.65, which is the accumulated unspent seizure funds as of December 31, 2008, from the General Fund in order to establish the special revenue fund for the Tukwila Police Department's Drug Seizure Fund -109; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Budget Amended. As the City finds it necessary to create a new special revenue fund to appropriately account for the revenues and expenditures of the Tukwila Police Department's Drug Seizure Fund that are specific and legally restricted for particular purposes, Ordinance No. 2221 is hereby amended to add the following: FUND EXPENDITURES REVENUES 000 General $99,336,035 $99,536,035 $99,336,035 $99,536,035 109 Drug Seizure Fund 354,647 354,647 Section 2. Fund Established. Ordinance No. 2221 is hereby amended to create a new special revenue Drug Seizure Fund 109 to reflect the appropriate fund revenues and expenditures as set forth in Section 1 of this ordinance. Section 3. Adjustments Authorized. The Finance Director is hereby authorized and instructed to effectuate the necessary and appropriate changes in the 2009 -2010 biennial budget, and to make all necessary and appropriate line item entries and adjustments in order to reflect the biennial budget amendment for the transfer of funds from the General Fund as set forth in this ordinance. C /Documents and Settings\All Users \Desktop\Kelly\MSDATA \Ordinances \Police Drug Seizure Fund.doc LJ:ksn 3/4/2009 Page 1 of 2 Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Council Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: C:\Documents and Settings\All Users \Desktop\Kelly\MSDATA \Ordinances \Police Drug Seizure Fund.doc LJ:ksn 2/26/2009 Page 2 of 2 City of Tukwila Washington Ordinance No. ac)s,.-). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE BIENNIAL BUDGET OF THE CITY OF TUKWILA FOR THE 2009 -2010 BIENNIUM; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the preliminary budget of the City of Tukwila for the year 2009 -2010 biennium was submitted to the City Council in a timely manner for their review; and WHEREAS, a Public Hearing on the proposed budget was advertised and held on November 17, 2008; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council hereby adopts the document entitled "City of Tukwila 2009- 2010 Budget," incorporated by this reference as if fully set forth herein, in accordance with RCW 35A.34.120. Section 2. The totals of the estimated revenues and appropriations for each separate fund and the aggregate totals are as follows: FUND 000 101 103 104 105 107 207 208 209 210 301 302 303 401 402 404 405 411 412 501 502 503 611 General Hotel /Motel Tax City Street Arterial Street Contingency Fire Equipment Cumulative Reserve Limited Tax G.O. Bonds, 1999 Limited Tax G.O. Bonds, 2000 Limited Tax G.O. Bonds, 2003 Limited Tax G.O. Refunding Bonds, 2003 Land Acquisition, Recreation Park Develpint. Facility Replacement General Government Improvements Water Sewer Water /Sewer Revenue Bonds Bond Reserve Foster Golf Course Surface Water Equipment Rental Insurance Fund Insurance LEOFF 1 Fund Firemen's Pension TOTAL ALL FUNDS COMBINED EXPENDITURES $99,536,035 3,597,148 877,000 91,553,000 892,187 767,797 1,846,965 735,000 1,531,000 1,233,000 11,272,000 7,939,000 2,276,000 15,151,301 15,862,365 1,241,435 411,000 5,137,534 11,984,134 10,324,969 13,155,217 2,282,562 1,578,000 $301,184,649 REVENUES $99,536,035 3,597,148 877,000 91,553,000 892,187 767,797 1,846,965 735,000 1,531,000 1,233,000 11,272,000 7,939,000 2,276,000 15,151,301 15,862,365 1,241,435 411,000 5,137,534 11,984,134 10,324,969 13,155,217 2,282,562 1,578,000 $301,184,649 Section 3. A complete copy of the final budget for 2009 -2010, as adopted, together with a copy of this adopting ordinance, shall be kept on file in the City Clerk's Office, and a copy shall be transmitted by the City Clerk to the Division of Municipal Corporations of the Office of the State Auditor and to the Association of Washington Cities. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY F TUKWILA, WASHINGTON, at a Regular Meeting thereof this 1 day of 1 C ..vh -P 2008. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED A T Office of the Ci RM BY: orney Attachment: City of Tukwila 2009 -2010 Budget aggerto or Filed with the City Clerk: j c-) 7)-6,P Passed by the City Council: r 5' 7)P Published: 1 n;N Effective Date: i OP Ordinance Number: 1 Finance Safety Committee Minutes March 3 2009 Paae 2 This criterion substantially limits the number of students that are eligible to apply for the high school representative position on COPCAB; a position that is often difficult to fill. Staff would like to amend these criteria to reflect similar requirements and guidelines of other COPCAB positions. The change would only require that: The high school representative be a student in the Tukwila School District, and The individual be appointed by the Mayor and confirmed by the Council. This proposed amendment will broaden the Police Department's opportunity to seek out qualified high school students eligible for this position on the Community Oriented Policing Advisory Board. The Committee inquired as to how this would affect the eligibility of high school students interested in serving on COPCAB who live in Tukwila but attend high schools outside the City limits. Staff responded that as with the previous requirements, students not attending school in the Tukwila School District were not able to serve as a student representative; however, they have always and will continue to be eligible to apply for the residential representative positions. Having a student representative actively attending school in the Tukwila School District on COPCAB is essentially to information sharing among members of the Board. Committee Chair Linder suggested additional information be provided for clarification in the memo that is submitted to full Council regarding the purpose of COPCAB as well as the purpose of the student representative. UNANIMOUS APPROVAL. FORWARD TO MARCH 9 COW FOR DISCUSSION. C. An Ordinance Establishing a Drug Seizure Fund Staff is seeking full Council approval of an ordinance that will amend the 2009 -10 Biennial Budget and establish a special revenue fund for the Police Department's drug seizure revenue and expenditure activity. Currently, these funds are accumulated in the General Fund and require manual tracking of revenues and expenses throughout the year. Creating a special revenue fund specifically for this purpose will streamline the oversight process and increase efficiency relative to revenue and expenditure activities. Additionally, this separate fund will be eligible to accrue interest. Committee Chair Liner requested a memo be submitted to full Council at the same time this item goes forth, explaining the current revenue /expenditures balance relative to this account. UNANIMOUS APPROVAL. FORWARD TO MARCH 9 COW FOR DISCUSSION. D. A Resolution an Identity Theft Prevention Program Staff is seeking full Council approval of a resolution adopting an Identity Theft Prevention Program. Originally passed by Congress in 2003, implementation of policies and programs relating to the detection and prevention of identify theft were previously delayed; however, the Federal Trade Commission is now requiring that businesses adopt such programs and policies by May 1, 2009. This consumer protection law is also known as the Red Flag Rule. The Red Flag Rule specifically applies to utility accounts (such as the City's water billing) and any other account where there may be a reasonable risk for identity theft. This resolution will approve and adopt an identity theft protection program for the City which will be administered by Shawn Hunstock. UNANIMOUS APPROVAL. FORWARD TO MARCH 9 COW FOR DISCUSSION.