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Home My WebLink AboutO-08993ORDINANCE NO. 8 9 9 3 AN ORDINANCE ESTABLISHING AUTHORITY TO DEPOSIT NON -EVIDENTIARY MONIES WHICH ARE IN THE CUSTODY OF THE MIAMI POLICE DEPARTMENT INTO SEPARATE INTEREST BEARING ACCOUNTS; ESTABLISHING AUTHORITY TO DISBURSE INTEREST SO DERIVED FOR OPERATING EXPENSES OF THE CITY OF MIAMI; ESTABLISHING AUTHORITY TO CONVERT UNCLAIMED MONIES FROM ESCROW INTO THE GENERAL FUND; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Police Department necessarily takes and retains custody of monies during the course of administration and enforcement of the law; and WHEREAS, a portion of these monies are not evidentiary and need not be retained in their original form or denominations, but must be retained in escrow; and WHEREAS, these monies which are non -evidentiary are better employed by being deposited in authorized financial institu- tions which support the local economy and stimulate business in the community; and WHEREAS, the costs of receiving and processing these monies is separate and apart from the normal services rendered to the community as a whole; and WHEREAS, these costs to the City shall be borne by those persons who are receiving said services; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Miami Police Department is hereby authorized to make a determination in connection with monies coming into its possession during the course of administration and enforce- ment of the law as to which monies are non -evidentiary and which need not be retained in original form. These non -evidentiary monies shall be forwarded to the Department of Finance for deposit into authorized financial institutions. Section 2. The Director of Finance shall determine and establish the financial institutions in which these monies will be deposited according to standard selection procedures. Section 3. The Director of Finance shall coordinate with the City Attorney to undertake settlement of all private claims on any accrued interest of monies held by the police department pending court orders or determination of true owner- ship in probate or otherwise. Claims for interest due, not exceeding $1,000.00, may be settled by the Director of Finance without action by the City Commission. Section 4. Any interest accrued which has not been dis- bursed pursuant to Section 3 hereof shall revert to the General Fund of the City if the same be unclaimed for more than six months. Any non -evidentiary monies unclaimed for six months shall revert to the General Fund. Section 5. All ordinances or parts of ordinances inso- far as they are inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Section 6. If any section, part of section, paragraph, clause, phrase, or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. PASSED ON FIRST READING BY TITLE ONLY this 27th September , 1979 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 17th day of October , 1979. AT RALP. ONGIE, CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK ASSISTANT CITY ATTORNEY - 2 Maurice A. Ferre day of MAYOR AO'ED AS T( FORM AND CORRECTNESS: ORF. KNOX, JR. CI ATTORNEY 8993 :ii.lMI. .. .r...A TO: rROM Joseph R. Grassie City Manager 6Ltitc GP- WcLL.W) Kenneth I. Harms Chief of Police September 14, 1979 - LEG 9-2 Unclaimed Monies Ordinance The attached ordinance, which I am recommending, is submitted for your review and inclusion on the agenda for the City Commission meeting on Setpember 27th, 1979. This ordinance will give the City the authority to deposit non - evidentiary monies, obtained in the course of the Police Depart- ment's operations, into interest -bearing accounts until a deter- mination is made for the disposition of the money. Instead of lying in a Police Department safe, these non -evidentiary monies would be better employed in a depository with authorized financial institutions which support the local economy and stimulate business in the community. Any retained interest generated would offset the City's costs of receiving, documenting, processing, accounting and safeguarding these non -evidentiary monies. In addition, accountability for these monies would be strengthened by having them under the control and responsibility of the Department of Finance. The following data represents a recent two months sampling of monies in excess of $1,000 received into the Police Property Unit: $20,367 (gambling and narcotics evidence) 27,340 (personal property) 3,239 (City funds) $50,946 Two -Months Total of Deposits of $1,000 or more The average weekly balance of monies in custody in the Police Property Unit is a little over $200,000. Historical data is a poor indicator of the future "revenue" potential of this ordinance inasmuch as the events leading .to custody of these monies is randomized and the amounts fluctuate widely. Page 1 of 2 8993 ":4roseph R. Grassie Reptetcber 14, 1979 Kenneth I. Harms Unclaimed Monies Ordinance Monies turned over to the Property Unit as "Personal" or "Found Property", if unclaimed by owner, would generally qualify as "non - evidentiary" and could be forwarded to the Finance Department for deposit. This determination would be made by the Police Depart- ment on a case -by -case basis in consultation with either the Law Department or the State Attorney's Office. Monies turned over to the Property Unit as "Evidence" would remain in the custory of the Property Unit in original form until a determination is made that the monies are no longer needed in their original form as evidence. KIH:cw cc: Law Department Finance Department • Page 2 of 2 8993 MIAMI REVIEW . AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Becky Caskey, who on oath says that she is the Assistant Director of Legal Advertising of the Miami Review end Daily Record, a daily (except Saturday, Sunday end Legal Holidays) newspaper, Published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement or Notice in the matter of CITY OF MIAMI Re: Ordinance No. 8993 in the X X X X Court, was published to said newspaper in the issues of October 24, 1979 Affiant further says that the said Miami Review and Daily Record is a newspaper published at Miami, in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami, In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflent further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publican onA'n the said newspaper. Notary lib State of Florid• (SEAL) '7i1��`F4..pp..''D0. At,;`` My Commission expires Juip4741,,,,i,,,,,,,•` MR-80 LEGAL NOTICE All interested will take notice that on the 17th day of Oc4ober,1979. the City Commission of Mtam1, Florida passed and adopted the follow- ing titled ordinance: ORDINANCE NO. 0993 AN ORDINANCE ESTABLISHING AUTHORITY TO DEPOSIT NON -EVIDENTIARY MONIES WHICH ARE IN THE CUSTODY OF THE MIAMI POLICE DEPARTMENT INTO SEPARATE INTEREST BEARING ACCOUNTS; ESTABLISHING AUTHORITY TO DISBURSE INTEREST SO DERIVED FOR OPERATING EXPENSES OF THE CITY OF MIAMI; AUTHORITY TO CNERT UNCLAIMED AMONIES GFROM ESCROW INTOVTHE GENERAL FUND: CONTAINING A REPEALER PROVI- SION AND A SEVERABILITY CLAUSE. RALPH G. ONGIE CITY CLERK CITY OF MIAMI, FLORIDA;. Publication of this Notice on the 24 day of October, 1979. 10/24 M79-102423