The purpose of this section is to comply with the provisions of Amended Substitute House Bill No. 215 which require such internal control policy for handling, expenditure, reporting, and records keeping for forfeitures and fines coming into the Police Department.
(a) Custody of Property.
(1) All property subject to forfeiture shall be kept and maintained in the possession of the Police Department under the custody of the Chief of Police and his designees in accordance with departmental procedure #Pro 21 (Control of Evidence and Found Property).
(2) The Chief of Police or his designees shall record entries and removals of property from these storage areas on the log forms as described in procedure #Pro 21 and property subject to forfeiture shall be handled the same as any stored in the prescribed areas.
(3) Written receipts shall be required for all acceptance and transfers of property leaving or coming into the possession of the Police Department. Acceptance and transfers within the division shall be receipted by use of the reverse side of the evidence tag described in procedure #Pro 21.
(4) Identity of the seizing officer may be coded and kept confidential; however, the identity of the officer shall be made known to the person entering the property into the evidence storage area. The Chief of Police, and his designees on a need-to-know basis, shall be aware of the coded designations of seizing officers.
(5) A cumulative record of all transactions including seizures and dispositions during the preceding calendar year shall be made by the Chief of Police and forwarded to the Ohio Attorney General and the Mayor, no later than March 1st of the next ensuing year.
(b) Law Enforcement Trust Fund.
(1) Receipt of proceeds.
A. All moneys seized that are ordered forfeited and all cash proceeds from the sale of forfeited property directed by the court for use by the Police Department shall be promptly deposited into the Law Enforcement Trust Account established by Council.
B. A written record of deposits shall be maintained by the Chief of Police or his designee.
C. The record shall include the date of receipt, amount of proceeds received and any other information related to the deposit or its origin.
(2) Expenditure of proceeds.
A. Proceeds from the Law Enforcement Trust Fund shall be expended in the furtherance of investigation and prosecution of criminal cases in the City and Ross County within the following general expenditure categories:
1. Investigation and prosecution costs of complex criminal cases;
2. Costs of special training and providing other technical expertise;
3. Application toward federal and/or State matching funds;
4. Equipment and/or vehicle purchase or lease for law enforcement reasons; and
5. Any other law enforcement purposes as determined by the Chief of Police.
B. A detailed log of all expenditures shall be kept and recorded either manually or electronically with appropriate written receipts documenting such transactions. The log of expenditures shall include:
1. The date of expenditure of proceeds from the account; and
2. The specific amount of expenditure listed under the appropriate general expenditure category which the specific amount falls.
C. Specific expenditures of moneys shall not be immediately listed during the case of on-going investigation as such specifics, open to public inspection, may jeopardize the integrity of the investigation and thwart justice.
D. A cumulative record of the receipt and expenditure of proceeds from the Law Enforcement Trust Fund recorded each calendar year shall be sent to the Ohio Attorney General and the Mayor no later than March 1st of the next ensuing year. Such cumulative record shall include all information required by this internal control policy.
(c) Mandatory Drug Fine Fund.
(1) Receipt of fine moneys.
A. All mandatory drug fines imposed by the Court pursuant to Ohio R.C. 2925.03 and directed to the benefit of the Police Department shall be paid over to the Police Mandatory Drug Fine Fund established by Council.
B. Records of all fines received and paid into the Fund shall be kept by the Chief of Police or his designee.
C. The record shall include the date of receipt, amount of fine received and other information related to the deposit.
(2) Expenditure of fine moneys.
A. Proceeds used from the Mandatory Drug Fine Fund shall be expended in the furtherance of investigation and prosecution of crimes involving drugs in the City and Ross County within the following general expenditure categories:
1. Payment of wages or contract charges of informants, undercover agents or their employers involved in undercover or confidential investigations into drug offenses;
2. Payment of expenses connected with undercover or confidential investigations into drug offenses, including without limitation: transportation, housing, living, social and other expenses necessary to conduct the investigation;
3. For the purchase of contraband, including drugs, by informants or undercover agents;
4. For the equipment used in investigation and prosecution for drug offenses;
5. Payment of expenses of investigations or prosecution including witness fees and expenses; and
6. Any other law enforcement purpose pertaining to drug offenses as determined by the Chief of Police.
B. A detailed record of all expenditures shall be kept by the Chief of Police with written receipts documenting transactions. The record shall include:
1. Date of expenditure;
2. Specific amount and the general expenditure; and
3. Payee.
Identification of payee shall not be listed immediately during the investigation of any cases in which the confidentiality of the investigation or safety of officers participating may be jeopardized or justice otherwise thwarted.
(3) Cumulative record. A cumulative record of the receipt and expenditure of moneys from the Mandatory Drug Fine Account recorded each calendar year shall be sent to the Ohio Attorney General and the Mayor no later than March 1st of the next ensuing year.
(Ord. 184-90. Passed 12-27-90.)