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RESOLUTION NO. R-1213-90: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, APPROPRIATING $42,500 FROM THE STATE SEIZURE FUND BALANCE TO PURCHASE ONE CANINE, RELATED CANINE EQUIPMENT AND COMMUNICATIONS AND SURVEILLANCE EQUIPMENT, AND TO PROVIDE FUNDING TO MAINTAIN SERVICEABLE SEIZED VEHICLES FOR THE NORMAN POLICE DEPARTMENT.
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BACKGROUND: The mission of the Norman Police Department is to maintain and enhance the quality of life in the City of Norman by protecting life, liberty, property, and keeping the peace. The pursuit of this mission requires specific competencies be acquired and maintained by the personnel delivering police services. The operational goal requires maintaining quality and reliable equipment that is essential for safe, effective, and efficient communications. Another area of competency that is beneficial to the City of Norman's public safety efforts is maintaining technological capabilities in investigative documentation, surveillance, criminal interdiction, and documentation for case preparation. The continuation of this effort requires up-to-date equipment to maintain and improve operational success.
One area of focus by Norman Police Department investigations that often requires cooperation between State, County, and Federal law enforcement agencies is the efforts to disrupt drug trafficking, criminal theft rings, as well as apprehensions for numerous crimes against persons. To encourage such necessary cooperation, State and Federal laws are on the books that allow cash and properties that are seized from the criminal element when enforcing these laws to be utilized by these law enforcement agencies to further their efforts. On the State level, the City has an arrangement with the District Attorney's Office regarding seizure and forfeiture funds under Title 63 Oklahoma Statutes § 2-506(L) that allows for use of excess forfeiture property by Cleveland County and the Norman Police Department. This provision applies to the proceeds of the sale of any property: (1) not taken or detained by Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Department of Public Safety, the Oklahoma State Bureau of Investigation, the Alcoholic Beverage Laws Enforcement Commission, the Department of Corrections or the Office of the Attorney General, § 2-5006(L); (2) not used to pay a bona fide or innocent purchaser, conditional sales vendor or mortgagee of the property, § 2-506(L)(1); and (3) not used to pay the actual expenses of preserving the property and legitimate costs related to the civil forfeiture proceedings, § 2-506(L)(2). Funds not used for the purposes set forth above are maintained in a revolving fund in the county treasurer's office per § 2-506(L)(3). The District Attorney is allowed to return to the Norman Police Department a percentage of proceeds of the sale of any property seized by the agency and forfeited under the provisions of this state law.
The police department increasingly relies on communication and surveillance technology to ensure safety and increase capabilities to deliver police services. The police department frequently replaces unmarked investigative vehicles that are no longer serviceable with seized vehicles that are serviceable. In 2012, one police canine assigned to the Special Investigations Division Criminal Interdiction unit was retired due to age. The police department does not have budgeted funds for the needs outlined above, but does believe these needs would be an appropriate use of state seizure funds that have been acquired through law enforcement efforts as outlined above. This item seeks an appropriation of a portion of the State Seizure Fund Balance to fund these law enforcement operational costs.
DISCUSSION: The appropriation requested will fund a canine, communications, surveillance, transportation, and canine related equipment for personnel of the Norman Police Department.
The communication and surveillance equipment requested will improve investigative capability and communications between departmental units and divisions by providing necessary radio communications and increasing surveillance capabilities.
The vehicle maintenance requested will allow the police department to rotate a more costly and less reliable vehicle out of the fleet and replace it with a less costly and more reliable vehicle.
The canine and related equipment requested will maximize the investigative ability of personnel assigned to Criminal Interdiction.
Because the funds coming to the Norman Police Department through the seizure process must be used for a particular purpose under state law, they are held in a special account by the City Finance Department and are nonfiscal. The funds must be carried over from year to year to ensure proper expenditure. The needs included in this appropriation request are appropriate under the seizure laws which allows use of the funds generated from prior law enforcement activities under the statute. An estimate of costs has been attached. The estimate is less than what has been requested because additional funding may be required if costs have increased since the estimate was obtained.
STAFF RECOMMENDATION: It is recommended that $42,500 be appropriated from the State Seizure Fund Balance account (025-0000-253.20-00) to Plant & Operating Equipment/Crime Prevention expenditure account (025-6035-421.51-20).