REPORT TO COUNCIL
SUBJECT
Title
Action on the Appropriation of Asset Forfeiture Funds for FY 2022/23 and Approve the Related Budget Amendment
Report
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
Asset Forfeiture Funds are obtained as a result of narcotic and other criminal investigations. Federal and State authorities allow the Police Department to share in the distribution of funds seized pursuant to judicial and/or administrative actions. The use of these monies is limited to specific uses.
Each year, the City Council is consulted on the Police Department’s recommendation to purchase equipment to enhance our ability to apprehend criminal offenders, attend training and networking opportunities, increase employee safety, and enhance the way we serve our community with the assistance of Asset Forfeiture Funds.
In Fiscal Year (FY) 2020/21, approximately $99,000 of the $166,000 in approved Asset Forfeiture Fund purchases went unspent; this remaining budget was carried over to FY 2021/22, as approved by the City Council in the Budgetary Year-End Report. In FY 2021/22, City Council approved an additional $182,500 in Asset Forfeiture Fund purchases, bringing the total Asset Forfeiture appropriation in the Police Operating Grant Trust Fund to approximately $281,500. At the writing of this report, there is approximately $186,000 remaining to be spent for approved items. The Police Department will request to carryover any remaining balance to FY 2022/23 as part of the next Budgetary Year-End Report. Staffing levels city-wide (e.g. ability to obtain quotes, coordinate the acquisitions with the Purchasing Division, implement the inventory with Police Department policies and procedures, conduct the corresponding training, etc.), combined with pandemic related supply chain issues, have slowed the acquisition process.
DISCUSSION
The City has the opportunity to continue to enhance Police Department services with Asset Forfeiture Funds with little to no impact to the General Fund.
The Police Department’s Asset Forfeiture appropriation requests for equipment and other law enforcement uses and programs for FY 2022/23 includes approximately $9,880 in seized asset funds received this fiscal year, and unspent funds not appropriated in prior years of approximately $108,214, totaling an estimated $118,094.
In FY 2022/23, the Police Department anticipates purchasing previously approved items totaling $186,000, updating corresponding policies in connection with the new equipment (as necessary), and implementing the corresponding training.
In addition, the Police Department would like to utilize $41,000 of the $118,094 in unspent funds on the following purchases:
|
Program Area |
Brief Description of Anticipated Purchase |
Amount Requested |
|
Protective Equipment |
In 2016, Section 10 of the Unit 2 MOU was expanded to include up to $500 toward the purchase of a load bearing vest. Vests have a life of approximately 3-8 years. The intent is to gradually replace the faded, tattered or damaged load bearing vests in use by our Patrol Division employees, and offer the opportunity to purchase a load bearing vest to our new employees |
$15,000 |
|
K-9 Unit |
Continue existing agreement with Spectrum Patrol and Detection Training for weekly training for the four handlers and K-9’s ($21,000) Two-day course on K-9 liability for each handler ($1,500) |
$22,500 |
|
Community Policing and Awards |
Funds to support law enforcement awards and recognition items (e.g. annual awards program, etc.) |
$2,500 |
|
Volunteer Program |
On-going expenses associated with program (e.g. apparel, recognition items, etc.) |
$1,000 |
|
|
TOTAL |
$41,000 |
Asset forfeiture funds may only be issued for law enforcement-specific expenditures such as: funding operations and investigations; training and education; facilities improvements; purchase of materials, supplies and equipment; vendor services that are necessary support for law enforcement such as translator services; awards and memorials; awareness campaigns (such as PSAs regarding drugs or gangs). There are a number of other limitations on the use of the funds such as: the funds may not be used for salaries; may not be used for litigation related purposes; may not be used to create endowments or scholarships; or to supplant other funding sources for the Police Department. The uses set forth above are compliant with these requirements and limitations.
It should be noted, the Police Department is requesting a reduced amount of Asset Forfeiture Fund purchases compared with previous years as a result of available funds in FY 2022/23. The funds available are a direct correlation of the pandemic and the shift from proactive policing to essential functions at the onset of the health crisis. While the available funds are expected to increase in future years, it may take several years to begin seeing the results of staff’s efforts due to the delay from arrest to final disposition.
In addition, the City Council approved $1,000 in FY 2021/22 Asset Forfeiture Funds to acquire a computer kiosk for use in the lobby of the Police Building. The Police Department was able to coordinate this purchase with the Information Technology Department with alternate funds. In turn, the Police Department is seeking Council approval to spend this previously approved amount towards wellness items for use by employees working long, tedious shifts in the Records Unit. Records Specialists work 12-hour shifts and do not always have the flexibility to leave the work area due to staffing levels and the needs of their assignment. Having the ability for body movement within this small workspace would be beneficial for employee wellness.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378 (b)(4) in that it is a fiscal activity that does not involve commitment to a specific project which may result in potential significant impact on the environment.
FISCAL IMPACT
Approval of this request will provide $41,000 to support enforcement, other programs, and needs in the Police Department without using General Fund monies. There are sufficient funds in the Expendable Trust Fund to be transferred. The recommended budget amendment table below transfers these funds to the Police Operating Grant Trust Fund in order to complete the purchases recommended in this report.
Budget Amendment
FY 2022/23
|
|
Current |
Increase / (Decrease) |
Revised |
|
Expendable Trust Fund |
|
|
|
|
Fund Balance |
$0 |
$41,000 |
$41,000 |
|
Beginning Fund Balance |
|
|
|
|
|
|
|
|
|
Transfers To |
|
|
|
|
Transfer to the Police Operating Grant Trust Fund |
$0 |
$41,000 |
$41,000 |
|
|
|
|
|
|
Police Operating Grant Trust Fund |
|
|
|
|
Transfers From |
|
|
|
|
Transfer from the Expendable Trust Fund |
$0 |
$41,000 |
$41,000 |
|
|
|
|
|
|
Expenditures |
|
|
|
|
Seized Asset Funds |
$0 |
$41,000 |
$41,000 |
COORDINATION
This report has been coordinated with the Finance Department, City Attorney and City Manager’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
1. Approve the appropriation of Asset Forfeiture Funds in the amount of $41,000 pursuant to State and federal Regulations; and,
2. Approve the following FY 2022/23 budget amendments:
A. In the Expendable Trust Fund, recognize Beginning Fund Balance of $41,000 from asset forfeiture funds received and establish a Transfer to the Police Operating Grant Trust Fund (five affirmative Council votes required for the use of unused balances); and
B. In the Police Operating Grant Trust Fund, establish a Transfer from the Expendable Trust Fund and establish a Seized Asset Funds appropriation in the amount of $41,000 (five affirmative Council votes required to appropriate additional revenue).
Staff
Reviewed by: Patrick Nikolai, Chief of Police
Approved by: Rajeev Batra, City Manager