HomeMy WebLinkAboutR-86-0665r
RESOLUTION NO. ""66
A RESOLUTION ALLOCATING AN AMOUNT NOT
TO EXCEED TWO HUNDRED AND FIFTY
THOUSAND DOLLARS ($250,000.00) FROM
THE CITY OF MIAMI LAW ENFORCEMENT
TRUST FUND TO ESTABLISH A FORFEITURE
FUND DETAIL AND TO COVER NECESSARY
EXPENSES INCURRED RELATING TO THE
OPERATION OF THE FORFEITURE FUND AND
OPERATION CRIME SUPPRESSION BY THE
MIAMI POLICE DEPARTMENT, UPON SUCH
COSTS AND EXPENSES HAVING BEEN
APPROVED BY THE CHIEF OF POLICE.
WHEREAS, the establishment of a Forfeiture Fund Detail is
necessary for the coordination of all forfeiture -related matters; and
WHEREAS, the Miami Police Legal Unit is charged with conducting
legal proceedings and litigation under the Florida Contraband
Forfeiture Act; and
WHEREAS, the Miami Police Department Finance Unit is charged
with monitoring, recording, tracking and maintaining audit trails of
all transactions relating to the forfeiture deposits and
expenditures; and
WHEREAS, the Miami Police Department Property Unit is charged
with receiving, cataloging, warehousing and maintaining all personal
property which has been seized or recovered by departmental
personnel; and
WHEREAS, since the beginning of 1981, the Miami Police
Department, pursuant to legal proceedings and litigation has had in
excess of $2,712,000.00 awarded to the City of Miami for deposit in
the City of Miami Law Enforcement Trust Fund; and
WHEREAS, due to recent changes in the Florida Statutes, it is
anticipated that there will be a greater increase in volume of =
forfeiture litigation actions; and
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WHEREAS, the Forfeiture Fund Detail would be responsible for $
processing payments for expenses related to the operation of the
Forfeiture Fund for title transfers, filing fees for forfeiture
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hearings , court reporters, 24 hour leased vehicles, hearing
transcripts, storage of boats and vehicles, towing charges for
seized property and payment of liens; and
,PAS, the Forfeiture Fund Detail will consist of two (2)
Property Specialists I, who are currently assigned to the Police
Property Unit, one (1) Legal Investigator II, to be employed and
assigned to the Legal Unit and one (1) Account Clerk, to be employed
and assigned to the Finance Unit; and
WHEREAS, two (2) Property Specialists I positions were created
in fiscal year 1985-86 to handle the increase in the volume of
forfeiture activities regarding the seizures and forfeiture of
currency, vehicles and other related personal property; and
WHEREAS, the Miami Police Resource Management Division has
Identified the need for the continued employment of two (2) Property
Bpeeialists I to address the needs of the Police Department; and
WHEREAS, the increased responsibilities will require an
accounting support person to be assigned to the Finance Unit to
maintain all lien payments, recording informational data from the
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Legal Unit for submissions and preparation of payments, data entry of
transactions related to the Law Enforcement Trust Fund, posting of
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deposits and reconciliation of monetary transactions of the account;
and
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WHEREAS, this accounting support person would attend auctions to
record transactions relating to the sale of confiscated property; and
WHEREAS, the accounting support person would be the liaison
between the Legal Unit, Property Unit and the Finance Unit to
maintain proper accounting of all forfeiture -related transactions;
and
WHEREAS, the appointment of a second Assistant City Attorney,
whose primary area of responsibility is forfeiture proceedings and
litigation, which has created an increase in investigations that
require a Legal Investigator be assigned to the Legal Unit to
Investigate and maintain files on criminal cases involving forfeiture
actions, prepare correspondence and reports of investigations for use
by City Administration and legal authorities, interview witnesses,
take statements and a.ffidavito and assemble evidence for Court
presentation; and
WHEREAS, litigation has been resolved, which has resulted in the
release of seized funds formerly held in escrow that could be
utilized to make the forfeiture fund self-sufficient; and
WHEREAS, since the inception of the Forfeiture Fund in 1981, the
forfeiture -related expenses have been charged to the General Fund;
and
WHEREAS, revenue is derived from the award of seized property
from the criminal element for inclusion into the Forfeiture Fund; and
WHEREAS, there is a pro -active need for the Miami Police
Department to become more actively involved in crime suppression; and
WHEREAS, crime suppression investigations have been successfully
used to identify and incarcerate suspects who commit robberies,
burglaries, larcenies and auto thefts; and
WHEREAS, the additional benefit of this type of investigation
is that a significant amount of intelligence is gathered on existing
career criminals and their resources which influence the crime
patterns in the City of Miami; and
WHEREAS, Operation Crime Suppression would be established to
deal with suspects committing robberies, burglaries, larcenies and
auto thefts and to recover significant amounts of stolen property
from repeat offenders or career criminals; and
WHEREAS, funds are required for the establishment of the
Forfeiture Fund Detail, expenses incurred relating to the operation
of the forfeiture fund and Operation Crime Suppression;
WHEREAS, funds to cover these necessary costs and expenses have
not been included in the Police Department's normal operating budget;
and
WHEREAS, the Police Chief has recommended adoption of this
resolution; and
WHEREAS, funds to cover the necessary costs and expenses are
available in the City of Miami Law Enforcement Trust Fund;
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NOW, THEREFORE, BE IT RESOLVED BY THE. COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. Funding in an ount not to exceed sixty-five
thousand dollars ($65,000.00) is h reby approved to cover necessary
wages and employee benefit expens associated with the continued
employment of two (2) Property Specialists
alists I assigned to the Police
Department Property Unit.
Section 2.(a) Funding in an amount not to exceed forty-eight
thousand dollars ($48,000.00) is he eby approved to cover necessary
wages and employee benefit expenses associated with the employment of
a Legal Investigator II, to be assigned to the Miami Police
Department Legal Unit and an Acco nt Clerk to be assigned to the
Police Department Finance Unit.
(b) The City Manage is hereby authorized to instruct
the Personnel Management Department to employ such persons.
Section 3. Funding in an amount not to exceed seventy
thousand dollars ($70,000.00) is hereby approved for Operation Crime
Suppression.
Section 4. Funding in an amount not to exceed sixty-seven
thousand dollars (367,000.00) is hereby approved for all forfeiture
related expenses incurred for fi ing fees, transcripts, 24 hour
leased vehicle, depositions, boat and car storage, lien payments,
title transfers, court reportes, towing charges or other,
miscellaneous charges.
Section 5. Total approved fu ding, as set forth herein in an
amount not to exceed two hund d and fifty thousand dollars
($250,000.00), is hereby allocat d from the City of Miami Law
Enforcement Trust Fund to establis a Forfeiture Fund Detail and to
cover expenses incurred relating the operation of the Forfeiture
Fund and Operation Crime Suppress n, upon such costs and expenses
having been approved by the Chief Police.
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F
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=i
AT T
MATTY HIR I, CITY CLERK
PREPARED AND APPROVED BY:
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ROBERT CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVF�,/AS TO FORM AND CORRECTNESS:
CITY OF MIAMI, FLORIDA
INTRR-OFFICR MKIMOINI/ANDUM
TO. a^": P 3
The Honorable Mayor and Members
10
of the City Commission wWcCT:
Resolution for City
Commission Action
�0�' A[F611[NCSA7
Cesar H. Odio
City Manager , ,; .. IINCLO:u"e.:
It is recommended that the City
Commission adopt a Resolution allocating
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funds in an amount not to exceed Two
Hundred and Fifty Thousand Dollars`
($250,000.00), from the City of Miami
Law Enforcement Trust Fund, to cover
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costs necessary to establish a
Forfeiture Fund Detail, expenses
incurred relating to the operation of
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the Forfeiture Fund and Operation Crime
Suppression, upon such costs and
expenses having been approved by the
Chief of Police.
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Since the beginning of 1981, the Miami Police De artminf
d g P- ,
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-pursuant to legal proceedings and litigation has been awarded in
_
excess of $2,712,000 for deposit to the City of Miami Law
4
Enforcement Trust Fund.
With the recent changes to the Florida Statutes, it is
anticipated that there will be an even greater increase in the
volume of forfeiture litigation actions.
Current activity regarding the seizures and forfeiture of
currency, vehicles and other personal property indicates a
significant increase in volume which requires additional
personnel to address forfeiture -related tasks.
These tasks include forfeiture property record maintenance,
_
property inspections and general appraisal, preparation for
property and vehicle auctions, and title acquisition.
During fiscal year 1985-86 two (2) Property Specialists I
positions were created to handle the increase in volume of
forfeiture related activities. The forfeiture work load has not
diminished, but increased. This is due in part to the
continuation of the "sting" operations that are currently
ongoing in the department.
The Honorable Mayor and Members
of the City Commission
Page 2
Two (2) other areas have also experienced increases in
responsibilities due to legal proceedings and litigation action.
These areas are the Legal and Finance Units.
The appointment of a second Assistant City Attorney, whose
primary area of responsibility is forfeiture proceedings and
litigation, has created an increase in investigations that
require a Legal Investigator be assigned to the Legal Unit to
investigate and maintain files or criminal cases involving
forfeiture actions, prepare correspondence and reports of
investigations for use by City Administration and legal
authorities, interview witnesses, take statements, and
affidavits and assemble evidence for court presentations.
The second area requiring additional accounting support
personnel is the Finance Unit. Responsibilities include
maintaining all lien payments, recording informational data from
the Legal Unit for submission and preparation of payments, data
entry of transaction relating to the Law Enforcement Trust Fund,
posting of deposits and reconciliations of monetary transactions
of the account, attending auctions to record transactions
related to the sale of confiscated property and will act as the
liaison between the Legal, Property, and Finance Units to
maintain proper accounting of all forfeiture -related
transactions.
To maintain a cohesiveness for the purposes of accountability,
it is necessary to establish a Forfeiture Fund Detail. This
detail would be responsible for processing payments for expenses
related to the operation of the forfeiture fund for title
transfers, filing fees for forfeiture hearings, court reporters,
twenty-four hour leased vehicles, hearing transcripts, storage
of boats and vehicles, towing charges for seized property and
payment of liens.
The Forfeiture Hind Detail will consist of two (2) Property
Specialists I. who are currently assigned to the Police
Property Unit, one (1) Legal .Investigator II, to be employed and
assigned to the Legal Unit and one (1) Account Clerk, to be
employed and assigned to the Finance Unit.
There is a pro -active need for the Miami Police Department to
become more actively involved in crime suppression. Crime
suppression investigations have been successfully used to
identify and incarcerate suppects who commit robberies,
burglaries, larcenies and auto thefts. The additional benefit
of this type of investigation is that a significant amount of
Intelligence is gathered on existing career criminals and their
resources, which actively influence the crime patterns in the
City of Miami.
i _9
80morable Mayor and Members
St Us City Commission }
motion Crime ftfpremies would be ablished oe VIM
is committing ri , burglIrles, larcen sew tprle
t is and to r9offor sUpIffeent asaunt® of stolen properly
trom repeat cuff ors or exroar ertsinals.
Pa"Ing is reqaIret for the estabItshment of the Forfeiture Funds •
fttail, ex Incurred relating to the operation of the
forfeiture ration Crime Suppression.
Slave revenue * ri from the award of eel roperty from
tbt criminal e1. .. t for Inclani,on int *",. r eitr re Hand,
nses directly lmted ., e t f t' a and d its
maintenance s ci.r ei re 'end..
rently, the. _ *OWE Owl ral nd
e"fore, it is r4giwAOIA04 that the rmwIstleft be 04*9194
the Forfelt. -._. if tAinin •
s to cover costs and expenses are available in
Me City of RIML t forcement-Trust Fund.
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EUiIsET .FORM URE RJND DEVIL
001 Salaries -Class Perm.
100
Social Security 7.05%
• - 110
Retirement Contribution
10. 47% of Salaries
130
Group Insurance
0132.31 per rmonth each
150
Workmen's Compensation
5 ,4 of Salaries
Total Salary & Fringe
Savings from General
Hind.
270 Professional Services
$87,195 Funding for salaries
2 Property Specialists I
1 Legal Investigator II
1 Account Clerk
$5,965
$9,129
$69351
$49360
$113.000
$479000 MOM Filing Pleas
$10.0w Court Asportera
$5 9000 Tl l*IT"twieftre of
Boats & Ydieles
$159000 Lien Punta
$6.000 Court depositions
$5.000 Tag