(a) Drug Law Enforcement Fund.
(1) The Drug Law Enforcement Fund shall be used for the receipt and accounting of fine moneys paid to the City pursuant to ORC 2925.03 and 2925.42.
(2) Amounts within the Drug Law Enforcement Fund shall be allocated by the Council only to the Police Division, and the Police Division shall adopt a written internal control policy that addresses the use and disposition of fine moneys received from the Fund.
(3) The fine moneys allocated from the Drug Law Enforcement Fund shall be expended in accordance with the Police Division's internal control policy, and shall only be used to subsidize the Police Division's efforts that pertain to drug offenses.
(4) Prior to receiving any fine moneys under ORC 2925.03 or 2925.42, the Police Division shall adopt a written internal control policy that addresses the Division's use and disposition of all fine moneys so received.
A. The internal control policy required under this section shall provide for the keeping of detailed financial records of the receipts of fine moneys, the general types of expenditures made out of those fine moneys, and the specific amount of each general type of expenditure. The policy shall not provide for or permit the identification of any specific expenditure that is made in an ongoing investigation.
B. All financial records of the receipts of fine moneys, the general types of expenditures made out of the fine moneys, and the specific amount of each general type of expenditure by the Police Division are public records open for inspection under the City's Public Records Policy and ORC 149.43.
C. Additionally, the written internal control policy itself is a public record.
(ORC 2925.03; 2925.42)
(Ord. 86-98. Adopted 11/13/86; Ord. 06-69. Adopted 07/13/06; Ord. 2022-44. Adopted 11/22/22)
(b) (Alcohol) Enforcement and Education Fund.
(1) The (Alcohol) Enforcement and Education Fund shall be used for the receipt and accounting of fine moneys paid to the City pursuant to ORC 4511.19.
(2) Amounts within the (Alcohol) Enforcement and Education Fund shall be allocated by City Council only to the Police Division and such amounts shall only be used for the purpose of paying those costs the Police Division incurs in enforcing ORC 4511.19 or the City's OVI ordinance, as contained in the City's Traffic Code, and in informing the public of the laws governing the operation of a vehicle while under the influence of alcohol, the dangers of the operation of a vehicle under the influence of alcohol, and other information relating to the operation of a vehicle under the influence of alcohol and the consumption of alcoholic beverages.
(ORC 4511.19(G)(5)(a))
(Ord. 90-41. Adopted 08/23/90; Ord. 06-69. Adopted 07/13/06; Ord. 2022-44. Adopted 11/22/22)
(c) Law Enforcement Trust Fund.
(1) The Law Enforcement Trust Fund shall be used for the receipt and accounting of the collection of the proceeds from the sale of property ordered forfeited as contraband, proceeds or an instrumentality pursuant to ORC Chapter 2981., when disposed of as required by ORC 2981.13.
(2) Amounts within the Law Enforcement Trust Fund shall be allocated by City Council only to the Police Division, and the Police Division shall adopt a written internal control policy that addresses the use of moneys received from the Fund.
(3) The moneys allocated from the Law Enforcement Trust Fund shall be expended in accordance with the Police Division's internal control policy, and shall only be expended for the following authorized purposes:
A. To pay the cost of protracted or complex investigations or prosecutions;
B. To provide reasonable technical training or expertise;
C. To provide matching funds to obtain federal grants to aid law enforcement, in the support of DARE programs or other programs designed to educate adults or children with respect to the dangers associated with the use of drugs of abuse;
D. To pay the costs of emergency action taken under ORC 3745.13 relative to the operation of an illegal methamphetamine laboratory, if the forfeited property or money involved was that of a person responsible for the operation of the laboratory; and
E. For other law enforcement purposes that City Council deems to be appropriate; provided, however, that the fund shall not be used to meet operating costs of the City that are unrelated to law enforcement.
(4) Internal Control Policy.
A. The written internal control policy required under this section shall provide that at least ten percent (10%) of the first one hundred thousand dollars ($100,000) of amounts deposited during each calendar year in the Law Enforcement Trust Fund, and at least twenty percent (20%) of the amounts exceeding one hundred thousand dollars ($100,000) that are so deposited, shall be used in connection with community preventive education programs. The manner of use shall be determined by the Police Chief, with the approval of the Public Safety Director, after receiving and considering advice on appropriate community preventive education programs from the County's Board of Alcohol, Drug Addiction and Mental Health Services, from the County's Alcohol and Drug Addiction Services Board, or through appropriate community dialogue.
B. The financial records kept under the internal control policy shall specify the amount deposited during each calendar year in the portion of that amount that was used pursuant to this division, and the programs in connection with which the portion of that amount was so used.
C. As used in this division, "community preventive education programs" include, but are not limited to, DARE programs and other programs designed to educate adults or children with respect to the dangers associated with using drugs of abuse.
(5) Yearly Report: If the Police Division receives amounts from the Law Enforcement Trust Fund, the Police Chief shall file a report with the Council, no later than the thirty-first (31st) day of January of the next calendar year, verifying that the moneys were expended only for the purposes authorized by ORC 2981.13 or other relevant statute, and specifying the amounts expended for each authorized purpose.
(ORC 2981.13)
(Ord. 93-3. Adopted 01/28/93; Ord. 06-69. Adopted 07/13/06; Ord. 2022-44. Adopted 11/22/22)
(d) 9-1-1 Fund.
(1) The 9-1-1 Fund shall be used for the receipt of the disbursed allocations of state E9-1-1 funds, next generation 9-1-1 funds, and/or wireless 9-1-1 government assistance funds.
(2) Amounts within the 9-1-1 Fund shall only be used for the purposes of providing basic or enhanced 911 by the Emergency Communications Division. Moneys within the 9-1-1 Fund shall be used solely for the purpose of maintaining the Emergency Communications Division, which may include personnel costs, upgrading or maintaining the necessary data, hardware, software, and trunking required, staff training costs, and costs for equipment, materials, or supplies for the Emergency Communications Division.
(Statutory reference: ORC Chapter 128)
(Ord. 09-78. Adopted 11/24/09; Ord. 2022-44. Adopted 11/22/22)
(e) Public Safety Fund.
(1) Property Taxes: The Public Safety Fund shall be used for the receipt of property tax moneys from the property tax levy of six-tenths of one mill upon all the real and personal property listed for taxation in the City for the purpose of paying the police officer and firefighter employers' contributions required under 742.33(A) and 742.34(A), and the City's accrued liability for its former police and fire relief and pension fund and interest thereon, and of defraying the current operating expenses of the City. The annual revenues derived from the property tax in the Public Safety Fund shall be used in the following order:
A. First, to pay the current police officer and firefighter employers' contributions to the Ohio Police & Fire Pension Fund, and any interest related thereto;
B. Second, to pay any accrued liability chargeable to the City during the current calendar year for its former police and fire relief and pension fund or any interest related thereto; and
C. Third, to defray the current operating expenses of the City.
(ORC 742.33)
(2) Income Taxes: The Public Safety Fund shall also be used for the receipt and accounting of income taxes dedicated pursuant to Xenia City Code Section 880.14(b) to the employment of Police and Fire & EMS personnel. Income taxes in the Public Safety Fund shall only be used for the purpose of employing police and fire personnel.
(XCC 880.14(b))
(3) User Fees: The Public Safety Fund shall also be used for the receipt and accounting of user fees charged and collected pursuant to XCC Section 242.09. User fees in the Public Safety Fund shall only be used by the Fire & EMS Division for personnel costs and the purchase of supplies, equipment, and vehicles or other necessary expenses.
(XCC 242.09(e))
(4) Contracts: The Public Safety Fund shall also be used for the receipt and accounting of moneys derived from contracts under which the Public Safety Department's Divisions provide services to other public or private entities. Contract moneys in the Public Safety Fund shall only be used for costs associated with the Public Safety Department.
(5) Grants: The Public Safety Fund shall also be used for the receipt and accounting of grant funds received for operating costs (personnel, training, supplies, nonpermanent improvements) of the Public Safety Department or any of its Divisions. Grant funds in the Public Safety Fund shall only be used for the purposes indicated in the grant.
(Ord. 2009-78. Adopted 11/24/09; Ord. 2022-44. Adopted 11/22/22)
(f) Public Safety Permanent Improvement Fund.
(1) The Public Safety Permanent Improvement Fund shall be used for the receipt and accounting of grant moneys, including federal or state grants, related to permanent improvement expenditures of the Public Safety Department and its Divisions.
A. Amounts within the Public Safety Permanent Improvement Fund shall be allocated by Council in accordance with the terms of the grant, and all grant money received shall be receipted directly into the Fund.
B. If the grant program is funded on a reimbursement basis, the grant moneys received may be paid from the Public Safety Permanent Improvement Fund to the City Fund from which the share to be reimbursed by the grant moneys has already been paid.
C. All grant program expenditures may be accounted for in the Public Safety Permanent Improvement Fund and any moneys representing the local share may be transferred by the Council, by resolution or ordinance, into the Public Safety Permanent Improvement Fund. If the grant program is funded on a reimbursement basis, the amount representing the grant-covered share may be advanced to the Public Safety Permanent Improvement Fund and then repaid once the grant money is received.
(2) The Public Safety Permanent Improvement Fund shall also be used for the receipt and accounting of moneys transferred from the General Fund by City Council, by appropriation ordinance. Such moneys shall only be used on permanent improvement expenditures of the Public Safety Department and its Divisions.
(Ord. 2014-41. Adopted 10/09/14; Ordinance 2022-44. Adopted 11/22/22)