HomeMy WebLinkAbout4.11 Acceptance of Seized Property a
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CITY OF DUBLIN 5
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 11 , 1986
SUBJECT Acceptance of Seized Property
EXHIBITS ATTACHED Resolution
RECOMMENDATIONS Adopt the Resolution
FINANCIAL STATEMENT: Drug seizure revenues are highly unpredictable as
to the frequency and amount of funds. An
expenditure plan will be presented once the amount
of funds are known and made available to the City.
DESCRIPTION Provisions in State and Federal law allow local
agencies to share in the assets seized from individuals conducting illegal
activities.
The Federal law permits the seizure of all assets used in and all proceeds
acquired from illegal drug trafficking. The provisions in State law allow
the arresting agency to receive portions of the seized assets. The State
law provides that they are only released after adjudication of the
criminal charges. The State law allows the City only to be reimbursed for
expenditures made by law enforcement agencies in connection with the
forfeiture proceedings and criminal conviction.
Both programs require the City to have a resolution designating the City
Official authorized to accept possession or title to seized assets. The
Dublin Police Services recently completed an investigation which resulted
in the arrest and federal indictment of individuals alledgedly involved in
drug trafficking. The disposition of the seized assets are unknown at
this time, however, several vehicles and cash were seized during the
arrests.
The expenditure of funds derived from seizures must be used for the
investigation, detection, and prosecution of criminal activities. For
accounting purposes a separate fund will be established. Once staff has
an estimate of the City' s share, a proposed expenditure plan will be
presented to the City Council, as this revenue source was not anticipated
during the preparation of the 1986-87 budget.
Staff would recommend that the City Council adopt the resolution
authorizing the City Manager to accept seized assets.
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COPIES TO•-
ITEM NO. m �/
f � r
RESOLUTION NO. - 86
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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DESIGNATING AND AUTHORIZING AN OFFICER
FOR THE ACCEPTANCE OF SEIZED PROPERTY
WHEREAS, the City of Dublin has devoted financial and manpower
resources to the investigation of criminal activity; and
WHEREAS, these efforts may lead to the arrest of individuals who
have violated federal, state and local laws ; and
WHEREAS, the United States Congress adopted the Comprehensive
Crime Control Act in October of 1984 ; and
WHEREAS, the State of California has enacted Section 11489 of the
California Health and Safety Code; and
WHEREAS, applicable laws allow local agencies who participate in
investigations to share assets confiscated in joint raids with the Federal
Drug Enforcement Administration Agents and State Law Enforcement Agencies ;
and
WHEREAS, the proceeds from any seizure must be expended by the
agency solely for the investigation, detection and prosecution of criminal
activities .
NOW, THEREFORE, BE IT RESOLVED that the City Manager of the City
of Dublin shall be designated to accept receipt or title of any seized
property on behalf of the City of Dublin.
BE IT FURTHER RESOLVED that the City Manager shall be authorized
to undertake any measures required for the City to participate in the
program and to comply with all administrative and legal requirements of the
Comprehensive Crime Control Act and Section 11489 of the California Health
and Safety Code.
PASSED, APPROVED AND ADOPTED this 11th day of August, 1986 .
AYES :
NOES :
ABSENT:
Mayor
ATTEST:
City Clerk