HomeMy WebLinkAboutCC RES 86-069--- 1
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RESOLUTION NO. 86-69
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA,
AUTHORIZING APPLICATIONS FOR TRANS-
FER OF FORFEITED PROPERTY TO THE
TUSTIN POLICE DEPARTMENT AND ESTAB-
LISHING GUIDELINES AND CONTROLS RE-
LATED THERETO.
WHEREAS, State and Federal statutes authorize the for-
feiture of property seized in connection with narcotic activi-
ties and the transfers of such property to law enforcement
agencies which have been involved in effecting the seizure of
such pr operty, and
WHEREAS, said State and Federal statutes prescribe
regulations and. controls which must be observed in connection
with the use of property which has been transfered pursuant
thereto,
NOW, THEREFORE, the City Council of the City of Tustin,
California, does hereby resolve that the f'ollowing procedures,
regulations and controls are hereby adopted relative to the
seizure, application for transfer and use of forfeited prop-
erty, as follows:
1. Whenever property has been sei.zed which may qual-
ify for forfeiture, notification by the Tustin Police Depart-
ment shall be given:
A. To the United States Drug Enforcement
Administration, to ascertain if the property or monies seized
qualify to be processed Federally, or
B. To the Orange County District Attorney's
Office to ascertain if the property or monies seized qualify
to be processed through the State of California.
(1)
process the matter
property and money.
If Drug Enforcement Administration is to
it will take physical custody of all
(2) If the District Attorney is to process
the matter, Tustin Police Department will retain all property
and money unless otherwise instructed by the District Attorney
or court.
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2. Funds received from the State of California rela-
tive to forfeited property will generally only be equal to
amounts the Tustin Police Department has expended during the
investigation of a particular case. Such monies shall be
returned to the fund or funds which the expenditures were paid
for which the reimbursement is made, e.g. Overtime Fund,
General Fund, etc.
3. Funds received from the Federal Government shall
be maintained by the Finance Department in a trust and agency
account. Thd Director of Finance of the City of Tustin is
authorized and directed to receive such monies and is directed
to see that such funds are used only in compliance with this
resolution, not for any other City purpose and not in lieu of
other funds which would otherwise be spent for law enforcement
purposes.
A. Withdrawal of said funds will be made by the
Finance Director upon receipt of a written request from the
Tustin Police Department
B. Monies from such account shall only be used
to purchase equipment, resources, or items deemed necessary in
narcotic investigations, except as specified below, and for no
other purposes.
C~
portion of such
"flash roll".
During
funds
major narcotics investigations, a
may be withdrawn and utilized as a
(1) Such money shall be returned
Finance Department as soon as possible for redeposit
o
fund.
to the
into the
(2) If the Finance Department is closed when
such monies are available for redeposit such money shall be
kept in a safe within the confines of Special Investigations
until the Finance Department is open.
(3) A log will be maintained by the Tustin
Police Department to track the monies that have been removed
from the fund. This log will contain date, time, and name of
persons, in possession of said funds.
(4) A'memorandum shall be submitted by the
Tustin Police Department to the Finance Director for any funds
requested, stating the intent of said funds.
(a) A copy of such memoranda shall be
retained in a file within Special Inves-
ti gations' files.
(b)
28 (2)
,
The memorandum
signatures, one
shall require two
being that of a
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Captain or the Chief of Police, the
second being the Investigation Lieuten-
ant or .Special Investigations Sergeant.
4. Ail property, monies and funds relative to seized
and/or forfeited property shall be dealt with in full and
strict compliance with the provisions of this resolution and
all applicable statutes, laws, rules and regulations of the
State of California and the United States of America.
PASSSED AND ADOPTED at a regular meeting of the City
Council of the City of Tustin, California, held on the 2nd
day of June, 1986.
ATTEST -.
JGR:se :D: 05/27/86 (62)
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of
the City Council of the City of Tustin is five; that the above and foregoing
Resolution No. 86-69 was duly and regularly introduced, passed and adopted at a
regular meeting of the City Council held on the 2nd day~ of ,June, 1986, by the
fol 1 owing vot e-
AYES :
NOES :
ABSENT:
COU NC I LPE RSONS:
COUNC I LPERSONS:
COUNC I LPERSONS:
Edgar, Hoesterey, Kelly, Kennedy, Saltarelli
None
None
M~RY E. WY~, .City iC~erk
City of Tu in, Cal ornia