(a) Authority to establish accounts. The city’s Police Department is hereby authorized to establish and accurately maintain a specially designated bank account called the Mandatory Drug Fine Account for the collection and deposit of any and all proceeds from mandatory drug penalty fines as imposed by any municipal, county or federal courts from any investigation involving drug or drug-related cases. All fines placed in this account shall be used in furtherance of the investigation and prosecution of crimes involving drugs or drug related activity in the city.
(b) Categories of accounts.
(1) At the discretion of the Chief of Police, separately identified accounts may be created as follows: “Mandatory Drug Fine Account - City Cases”; “Mandatory Drug Fine Account - County Cases”; and “Mandatory Drug Fine Account - Federal Cases”.
(2) The Chief of Police shall designate the person or persons who shall deposit money into any of the above described accounts and that person or other persons shall maintain an accurate record of each deposit and/or expenditure relating to the account(s).
(c) Expenditure of funds from the Mandatory Drug Fine Account. Proceeds from the Mandatory Drug Fine Account shall be expended in furtherance of the investigation and prosecution of crimes involving drugs or drug-related activity in the city for any one of the following general expenditure categories:
(1) For the investigation and prosecution costs of complex drug and drug-related cases;
(2) For costs in training police personnel and in providing technical expertise to police staff and personnel;
(3) For application towards federal matching funds and grants;
(4) For special equipment used in drug related investigations; and
(5) For any other law enforcement purpose as determined by the city’s Police Department with the approval of the city’s Safety Director, but in no event shall moneys deposited in any of the Mandatory Drug Fine Accounts be used to meet operating costs that are not related to law enforcement.
(d) Record of expenditures.
(1) A record of all expenditures shall be kept and recorded with appropriate receipts documenting each transaction. The record of expenditures from the mandatory drug fine account shall include:
A. The date of expenditure of the proceeds from the account; and
B. The specific amount of expenditure listed under the appropriate general expenditure category.
(2) A. These records shall be available and open to public inspection during normal business hours in the Police Department.
B. In the event of an ongoing investigation, the Police Department and its personnel shall not be required to list specific expenditures of money in the record of expenditures, since such specifics may jeopardize the integrity of the investigation and thwart the pursuit of justice. However, at the conclusion of the case, or as soon as practical, complete disclosure of same shall be placed in the public record.
(e) Annual report; requirements. A cumulative record of the receipt and expenditure of moneys from the Mandatory Drug Fine Account as recorded for each calendar year shall be forwarded to the Office of the Ohio Attorney General no later than March 1 of the next ensuing year.
(Ord. 63-92, passed 6-16-1992)