(A) Established.
(1) Creation of confidential investigation fund.
(a) There is hereby established a Confidential Investigation Fund (“Fund”) which shall be capitalized by money appropriated by the Common Council, and by money received by the City Police Department as its share of federal and state forfeitures provided that such funds are properly received and processed by the City Controller.
(b) The Fund shall be managed by the Chief of the City Police Department.
(c) The Fund shall audited annually. or more frequently, as directed by the City Controller or the Chief of Police.
(d) Members of the City Police Department requesting or utilizing monies from the Fund shall adhere to the procedures set forth herein, as well as to departmental procedures which may be established by the Chief of Police or other authority of competent jurisdiction.
(2) Purpose of confidential investigation fund.
(a) The purpose of the Confidential Investigation Fund is to enable officers or investigators to make controlled purchases of illegal drugs and other illegal substances; make controlled purchases of other illicit items; to pay confidential informants as necessary in the course of criminal investigations to gather evidence in order to make arrests of criminal suspects; to provide for the safety of witnesses providing information in criminal investigations, including providing for temporary or permanent relocation of the individual witness or confidential informant and that person’s family, and to provide for an accounting of monies so used.
(b) For the purpose of this division (A)(2), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONFIDENTIAL INFORMANT. A person who provides information regarding a criminal investigation and/or cooperates with a criminal investigation, frequently on an ongoing basis.
CONTROLLED BUY. The authorized, observed purchase of illegal substances or items conducted under the authority of law enforcement to provide evidence of ongoing criminal activity or criminal conspiracy.
(3) Approved uses of fund.
(a) The money from this Fund shall be utilized in the following manner:
1. For the payment of confidential informants working with or providing information to specific units of the City Police Department when such information cannot reasonably be procured in the absence of such payment.
2. For the payment of witnesses in criminal investigations where necessary witness statements or evidence cannot otherwise be secured, or to provide for rewards for information leading to the identification, arrest or prosecution of criminal suspects.
3. For controlled buys of illicit or illegal substances or items in the course of criminal investigations including but not limited to:
a. Illegal drugs, to include schedule I-V illegal drugs, and other illegal drugs as defined under I.C. 35-48-2 or prohibited under 21 U.S.C. §§ 801, 801a, 802, 811, 812, 813, or 814 including illegal drug analogues, imposter substances and prohibited drug paraphernalia.
b. Prescription drugs which are possessed or sold illegally.
c. Firearms which are which are possessed, transported or sold illegally, or used, transported or sold for an illegal purpose.
d. Alcoholic beverages which are possessed or sold illegally.
e. Stolen items.
4. For acquisition of miscellaneous items pertaining to the specific needs of an investigation.
(4) Other requirements.
(a) The Chief of Police shall ensure that the Fund is used for legitimate law enforcement and crime detection purposes for investigations reasonably likely to lead to the arrest of criminal suspects.
(b) The Chief of Police shall ensure that current and accurate bookkeeping is maintained and that voucher and cash records concerning the disbursement of any money distributed from the Fund are accurately maintained and made available for examination by the City Controller.
(c) The Chief of Police, officers, investigators and other members of the City Police Department and the City Controller shall take reasonable care to ensure that the confidentiality of ongoing investigations are not compromised nor are confidential informants jeopardized by the method of administration of the Fund.
(d) The names or identities of confidential informants shall be protected as investigatory records of the City Police Department in keeping with I.C. 5-14-3-4-(b). The names and true identities of confidential informants shall not be released except at the discretion of the Chief of Police, or when ordered by a court of competent jurisdiction.
(e) Neither the existence of the Confidential Investigation Fund nor expenditures made under the Fund are intended to be confidential, or exempt from state or federal law governing the use of public monies, laws governing criminal investigations or other public disclosure requirements.
(B) Procedures for use of funds.
(1) Procurement of funds through voucher system. Investigators or officers who use money from the Fund will obtain such money from the person or officer designated by the Chief of Police. All requests for such money will require the approval of the Chief of Police Commander or his/her designee. Monies from the Fund shall not be released without such approval. In addition to the procedures outlined below, the Chief of Police may set additional departmental procedures for the administration of the Fund. To procure money from the Fund, the investigator must complete the Confidential Fund voucher form (“Voucher”), adhering to the following:
(a) General procedures.
1. The voucher shall be completed with a summary of available, relevant details regarding the case, and the use of the requested money.
2. If a case number is available, the case number or numbers shall be placed on the voucher.
3. The officer or investigator making the request for funds must specify the exact amount of money requested, and whether specific dominations are preferred, and for what reason.
4. The officer or investigator utilizing such money from the Fund must describe in writing the nature of the expenditure and the enforcement action to be taken as a result of the expenditure.
5. The officer or investigator must detail the purpose of the requested funds, specifically, whether money is for payment of a confidential informant, for a controlled buy or other purpose, and the exact amount intended to be used for each purpose.
6. All currency utilized for a controlled buy situation or provided to a confidential informant will be specifically identified, and a record of that information shall be included with the voucher.
(b) Controlled buys. The voucher shall be completed with a summary of available details regarding the case, and the controlled buy, including, date and location (if known) of the planned control buy.
(c) Confidential informants. If a confidential informant will possess or handle such money, the confidential informant’s code number will be placed on the voucher.
(d) Rewards, witnesses, and other expenses.
1. If a reward for information in a particular investigation is offered, details of the criminal incident, amount of the reward offered, and names or code numbers of persons collecting such reward and the amount collected by each individual shall be placed on the voucher.
2. If money from the Fund is to be paid to witnesses, for witness relocation or other authorized expenses, such expenses shall be summarized and noted on the voucher form, while a file containing a record of individuals to whom such money was paid, detailed, itemized expenses and other pertinent details is to be maintained by the Police Department.
(e) Recovery or return of funds.
1. If money from the Fund is not used, is recovered or is returned in such a way that it is not needed for evidence in a case, such money shall be returned to the Fund and the details noted on the voucher.
2. If money from the Fund is recovered due to an arrest, execution of a warrant or similar means which necessitates its use as evidence, such money is to be checked into evidence according to standard departmental procedure.
3. If, or when money from the Fund is released from evidence and returned to the city, the same shall be noted on the voucher form, and the money returned to the Fund in keeping with the law and Controller’s Office accounting procedures.
(f) Accounting.
1. When buy money is recovered or returned for any reason, the same shall be reported to the Chief of Police and the City Controller to provide for a proper accounting of such monies.
2. The Chief of Police shall balance the Fund account on a monthly basis.
3. The Chief of Police may request that the City Controller review the Fund at anytime.
4. The City Controller may request a review the Fund at any time.
(C) Accounting review and audits.
(1) The City Controller shall review all books maintained in connection with the Fund on an annual basis.
(2) The City Controller may, at his or her discretion, perform or cause to be performed a formal audit of the Fund annually, or at any time the Controller deems necessary.
(3) A written report documenting the review and or audit result shall be prepared and submitted to the Chief of Police for review. Any irregularities shall be noted in the report.
(4) After review by the Chief of Police, or his/her-designee, the audit report shall be forwarded to the Board of Public Safety for inclusion in its file.
(5) The City Controller shall provide copies of any Fund review or audit result to the State Board of Accounts in conjunction with any State Board of Accounts audit of the City or Police Department.
(D) Termination of fund. The Fund shall be perpetual in nature; however, should the Fund be terminated by any superseding law or other reason, then in keeping with the law any balance in the Fund shall be disbursed to civil city’s General Fund.
(Ord. 15-0026, passed 11-23-2015)