(a) A fund is hereby established for the following purposes:
(1) Drug purchase;
(2) Payment to informants;
(3) For equipment necessary or appropriate for use in drug purchases, preservation of evidence, or protection of officers involved in drug purchase;
(4) Drug education including expenses involved in providing speakers for civic, school or other public forums, provided said expenditures are approved in advance by Council;
(5) Authorization for expenditures of these funds (except as provided hereinabove) shall be limited to the Chief of Police, or in his absence, the Assistant Chief of Police.
(b) This fund may not be used for personal expenses of the Police Department or for any purpose for which funds are otherwise provided, including, but not limited to, the following areas:
(1) Legal services; Ohio R.C. 305.24.
(2) Legal services; Ohio R.C. 309.09.
(3) Furnishings and supplies; Ohio R.C. 311.06.
(4) Keeping and feeding of prisoners; Ohio R.C. 311.20.
(5) Transportation of prisoners; Ohio R.C. 325.07.
(6) Salaries; Ohio R.C. 325.17.
(7) Staff development and training; Ohio R.C. 325.191.
(8) Convention expense; Ohio R.C. 325.20.
(9) Association dues and membership fees; Ohio R.C. 325.21.
(Ord. 1995-12. Passed 6-5-95.)
(c) The use of funds must be documented and each expenditure itemized as follows:
(1) Drug buys. Each expenditure of the Furtherance of Justice Fund for drug buys must be documented with a Furtherance of Justice drug purchase report in accordance with the following procedures:
A. A separate check must be drawn for each transaction, payable to the officer, employee, or agent who will be making the actual purchase.
B. After the transaction is completed, the officer, employee, or agent must complete the drug purchase report, indicating the date of the report, the date of purchase, the amount expended, the check number, and the quantity and type of materials purchased.
C. The drug purchase report must be signed by the officer, employee, or agent making the transaction, and co-signed by the Police Chief. If the transaction is made by the Police Chief, the report must be co-signed by a deputy or assistant with personal knowledge of the material purchased.
D. The Police Chief must assign an identification number to each report. The material purchased must be tagged with this number for identification purposes and maintained in a secure location pending proper disposal.
E. When the material is no longer needed, it must be properly disposed of, and the remainder of the report must be completed. The report must be signed by the officer, employee, or agent responsible for disposition of the material, and by two witnesses who can attest to the fact that the described material was disposed of in the time and manner indicated.
(2) Payment to informants. A separate check should be drawn for each transaction, payable to the officer, employee, or agent making the transaction. The payment must then be documented in either of the following methods:
A. Written receipt. The officer, employee, or agent may require a written receipt from the informant. Such a receipt should include the date and amount of the transaction and must be signed by the informant. No indication as to the nature of the information received should be included on the receipt.
B. The officer, employee, or agent may require that another officer, employee, or agent witness the payment to the informant. Both individuals should then complete the informant payment report.
(3) The drug purchase report required under this section shall be the form attached hereto as division (f).
(4) Payment for drug education and expense shall be made by separate check to the individual speaker or lecturer.
(Ord. 1995-12. Passed 6-5-95.)
(d) The extremely sensitive nature of the identity of informant and drug agents, the personal risk to such individuals, and the need for such expenditures is clear. Accordingly, to maintain the confidentiality of these expenditures, pursuant to the policy of the Bureau of Inspection and Supervision of Public Offices:
(1) The identity of drug purchasers or informants shall never be included in any written notes, work papers, or reports prepared by state examiners.
(2) Documentation of such expenditures may be reviewed only in the Police Department and shall not be removed by the state examiner.
If, however, examination of such documents indicated, in the opinion of the state examiner, that questionable expenditures have taken place, this documentation may be deposited by the state examiner and a representative of the Police Department with the presiding judge of the court of common pleas in the county in which the officer is located.
(e) Accounting system. A short form ledger shall be maintained for recording of all receipts and expenditures pertaining to the Furtherance of Justice Fund. These accounts shall be reconciled to the bank statement monthly, and a copy of such shall be on file and submitted on file and submitted to the examiners upon request.
(f) Form of drug purchase report.