Section:
2R.28.010 Police special investigation account.
2R.28.020 Chief of police authorized to execute and file applications with the United States Department of Justice to obtain forfeited property pursuant to the Comprehensive Crime Control Act of 1984.
2R.28.030 Destruction of recordings of telephone and radio communications.
A. There is hereby established in the police department activity of the general fund an account to be known and designated as the “police special investigation account” (hereinafter “the account”) in the amount set forth in the city's annual budget.
B. Said account shall be used by the chief of police to pay expenses necessarily incurred by him/her in the investigation of crime occurring in the city.
C. The chief of police may request the city manager from time to time to provide funds from the account for the purpose of conducting criminal investigations. The purpose for which the funds are to be used shall be provided to the city manager but shall not become a public record until after the investigations involved and subsequent prosecutions, if any, have been completed.
D. Upon review and approval of such request, the city manager shall request the finance director to provide the sum of money required from the account for the stated purpose. The finance director shall require no evidence regarding the investigations to support the issuance of a check or cash for the amount of said request other than the request of the city manager.
E. The chief of police shall maintain a journal and receipts as required by the finance director showing the disposition of any money received from the account and the particular purpose for which it was spent.
When deemed appropriate by the city manager and not later than the end of each fiscal year, the finance director shall audit the records maintained by the chief of police. The audit shall be forwarded to the city manager; provided that, if at the end of the fiscal year a criminal proceeding is pending or under investigation, the receipts as to any money spent in the proceeding or investigation shall not be made public until trial of such proceeding has ended, or the investigation is concluded without trial.
(Res. No. 48 77-78, Res. No. 170 84-85, Res. No. 133 95-96 §1)
A. The chief of police, with the prior approval of the city manager, is hereby authorized to execute and file applications on behalf of the city with the United States Department of Justice to obtain forfeited property pursuant to the Comprehensive Crime Control Act of 1984. The forfeited property may consist of property, material and/or moneys.
B. The city manager is hereby authorized to accept such forfeitures and use or sell them. Funds received will be credited to the police department police special investigation fund or such other municipal fund as the city manager determines to be appropriate.
(Res. No. 101 85-86 §2 (Exhibit “A”))
The chief of police, with the prior consent of the city attorney, is hereby authorized to destroy any and all tape recordings of telephone and radio communications made by the public safety communications center after six months from the date the recording was made. Provided that if, during the six-month period following the date a recording of a telephone or radio communication is made, the chief of police is notified that such recording is evidence in any claim filed or any pending litigation then, notwithstanding the provisions of this section to the contrary, the chief of police shall cause such recordings to be preserved until such claim or pending litigation is resolved. When preservation is requested by persons or entities other than city officers or employees or defendants in criminal actions, a fee not to exceed the actual cost of preserving the recording shall be paid by the person or entity requesting preservation of same.
(Res. No. 66 88-89 §1)