Chapter 3.35
DRUG AND NARCOTICS CONTROL FUNDS
Sections:
Article I. Drug Control Fund
3.35.010 Cumulative reserve fund established.
3.35.030 Checking account authorized.
Article II. Criminal Drug Investigation Trust Fund
3.35.060 Agency trust fund established.
3.35.080 Administration of trust fund.
Article III. Unified Narcotics Enforcement Taskforce (UNET)
3.35.110 Agency trust fund established.
3.35.130 Administration of trust fund.
Article I. Drug Control Fund
3.35.010 Cumulative reserve fund established.
A Cumulative Reserve Fund No. 002 for the purpose of investigation of any form of criminal activity including, but not limited to, drug-related crime and apprehension of persons committing any such activity whether as principals or as accessories thereto is hereby established. Monies to be placed in the fund are:
(1) Monies directed by a court to be placed in a county or interlocal drug control fund as a condition of probation as authorized by RCW 9.94A.030;
(2) Monies received from private donations for the above purpose; and
(3) Monies needed for the purpose as may be budgeted annually from the county current expense budget. Monies placed in said fund shall not lapse at the end of the fiscal year and shall not constitute a surplus available for any purpose other than as specified in this section. [Ord. 1157, 1998; Ord. 1069 § 1, 1981]
3.35.020 Expenditures.
Expenditures from the fund shall be by warrant issued under the following circumstances:
(1) Reimbursement of expenditures made for compensation of persons not regularly employed by Lewis County for contractual services rendered as an informant upon voucher presented;
(2) Reimbursement for expenditures made for expenses incurred for meals, transportation, lodging and goods and services purchased upon expense voucher presented;
(3) Resolution of this board authorizing specific expenditure.
Provided, however, that payments of sums authorized under subsections (1) and (2) of this section are authorized only if the prosecuting attorney shall approve reimbursement for sums properly expended. [Ord. 1157, 1998; Ord. 1069 § 2, 1981]
3.35.030 Checking account authorized.
(1) A special checking account to be known as the “Criminal Investigation Account” is authorized to be maintained by the sheriff for the purpose of administration of the control fund. The sheriff is initially authorized to place in said account the sum of $500.00 received from private donations. Withdrawals from the account are authorized to be made for the following purposes:
(a) Expenditures as necessary for compensation of persons not regularly employed by Lewis County for contractual services as an informant; and
(b) Expenses for necessary expenditures incurred for meals, transportation, lodging and goods or services purchased in connection with authorized investigation activities.
(2) Deposits to the account are authorized for the following purposes:
(a) Authorized warrants of reimbursement issued by the auditor; and
(b) Returns of unexpended monies advanced.
(3) In the event the purposes for the account are abandoned or terminated by the sheriff, the sheriff is directed to deliver all monies remaining in said account to the current expense fund of Lewis County. [Ord. 1157, 1998; Ord. 1069 § 3, 1981]
3.35.040 Administration.
A written record of all payments and reimbursements shall be kept and the sheriff shall be able to account for all monies received to and expended from the checking account and shall make such accountings at all time available to audit by authorized persons. [Ord. 1157, 1998; Ord. 1069 § 4, 1981]
3.35.050 Informants.
Informants may be engaged on the basis of investigating single or ongoing activities and shall be identified solely by number or assumed name, assigned by the sheriff on all vouchers for reimbursement. The sheriff shall keep a record of all persons and numbers or assumed names subject to inspection only by authorized auditing persons. Persons receiving advances from the special checking account shall authorize the auditor to issue his warrants to the reimbursement of said account. [Ord. 1157, 1998; Ord. 1069 § 5, 1981]
Article II. Criminal Drug Investigation Trust Fund
3.35.060 Agency trust fund established.
Agency Trust Fund No. 633 is hereby established and designated as the criminal drug investigation trust fund of Lewis County. This trust fund is to be used only for the purposes as enumerated herein. [Ord. 1157, 1998; Ord. 1092 § 1, 1987]
3.35.070 Purpose.
The purpose of the trust fund is for use as a depository for monies and proceeds forfeited and retained pursuant to RCW 69.50.505(f)(1) so that such monies can and will be used exclusively to enforce Chapter 69.50 RCW. This article is adopted in furtherance of that purpose and recognizes that Chapter 69.50 RCW provides that:
(1) Proceeds and monies forfeited pursuant to RCW 69.50.505 shall be held in trust pursuant to RCW 69.50.505(f)(1) for use by the seizing law enforcement agency for the purpose of enforcing Chapter 69.50 RCW,
(2) The sheriff, as the head of the seizing law enforcement agency, is the trustee for the trust, and
(3) The residents of Lewis County are the beneficiaries of an RCW 69.50.505(f)(1) trust established in Lewis County. [Ord. 1157, 1998; Ord. 1092 § 2, 1987]
3.35.080 Administration of trust fund.
(1) The current sheriff of Lewis County shall act as trustee and fiduciary, and shall be responsible for management of the trust. Such responsibilities shall include maintenance of a record of all trust fund transactions and activities, the purposes of each such transaction, and the costs and expenses associated with seizure and forfeiture of funds deposited in the trust. Any and all records maintained shall be current and made available at all times to audit by authorized persons. The sheriff shall additionally have the power to delegate duties to his or her agents and shall always have a duty to act in good faith and with honest judgment.
(2) In the event of vacancy of office of the sheriff, or where the sheriff is interested or otherwise incapacitated from serving, the coroner shall act as interim trustee until a new sheriff is appointed or elected, or the incapacity or interest has lapsed; provided that, nothing herein shall prevent the court from appointing a suitable person to act as interim trustee.
(3) The power of the trustee to control, invest, convey, divide, partition, sell, or otherwise manage the trust property shall be only as set forth in this article and shall be limited to the following:
(a) Monies to be deposited in the fund are only those monies and proceeds forfeited pursuant to RCW 69.50.505 and as a result of a seizure by the Lewis County sheriff; provided that, no monies or proceeds shall be directly deposited into this fund that are forfeited as a result of a seizure by the Lewis County sheriff’s office as the “Seizing Agency” of the “Unified Narcotics Enforcement Taskforce [UNET]” or any other Lewis County multi-agency law enforcement task force, special investigations unit, or special enforcement team, as now or hereafter established.
Such monies shall be maintained in the trust fund by the county treasurer who shall invest such monies as allowed and required by state statute and county ordinance. The county treasurer shall be entitled to receipt of any interest or capital gains received, as reimbursement for expenses incurred maintaining the fund.
(b) The sheriff’s office shall disburse such monies and proceeds to the county treasurer for deposit into the trust fund. Any unexpended monies advanced by the treasurer, pursuant to a duly authorized warrant from the county auditor, shall be remitted to the treasurer for redeposit into the trust fund; EXCEPT, pursuant to RCW 69.50.505(h)(1), the county auditor shall by January 31st of each year remit to the state treasurer an amount equal to ten percent of the net proceeds of any property forfeited during the preceding calendar.
(c) Expenditures from the trust fund shall be as authorized by the Lewis County auditor pursuant to vouchers presented to the auditor by the Lewis County sheriff’s office. Such vouchers shall contain a statement of the purpose for which the funds are to be used. The auditor shall draw a warrant on the county treasurer payable to the sheriff, undersheriff, or chief criminal deputy upon satisfaction that the funds are to be used only for one or more of the following purposes:
(i) Compensation as is necessary, of persons not regularly employed by Lewis County for contractual services rendered as an informant;
(ii) Expenses incurred for necessary meals, transportation, lodging and goods and services; or
(iii) Such expenses as the sheriff shall determine are reasonable and necessarily incident to enforcement of Chapter 69.50 RCW. [Ord. 1157, 1998;Ord. 1092 §3, 1987]
3.35.090 Audit.
The office of the Lewis County auditor shall be responsible for and is directed to take appropriate action to ensure that the expenditures are for purposes authorized by and in compliance with this article. [Ord. 1157, 1998; Ord. 1092 § 4, 1987]
3.35.100 Informants.
Informants may be engaged on the basis of investigating single or ongoing activities and shall be identified solely by number or assumed name, assigned by the sheriff on all vouchers for reimbursement. The sheriff shall keep a record of all persons and numbers or assumed names subject to inspection only by authorized auditing persons. [Ord. 1157, 1998;Ord. 1092 §5, 1987]
Article III. Unified Narcotics Enforcement Taskforce (UNET)
3.35.110 Agency trust fund established.
An Agency Trust Fund, Number 633 000 002, is hereby established and designated as UNET trust fund of Lewis County. This trust fund is to be used only for the purposes as enumerated herein. [Ord. 1157, 1998; Ord. 1094 § 1, 1987]
3.35.120 Purpose.
The purpose of the trust fund is to be a depository for monies and proceeds forfeited pursuant to RCW 69.50.505(f)(1) so that such monies and proceeds can and will be used exclusively to enforce Chapter 69.50 RCW. This article is adopted in furtherance of that purpose and recognizes that Chapter 69.50 RCW provides that:
(1) Proceeds and monies forfeited pursuant to RCW 69.50.505 shall be held in trust pursuant to RCW 69.50.505(f)(1) for use by the designated seizing law enforcement agency for the purpose of enforcing Chapter 69.50 RCW;
(2) The chief law enforcement officer of the designated seizing law enforcement agency is the trustee for the trust; and
(3) The citizens of Lewis County are the beneficiaries of an RCW 69.50.505(f)(1) trust established in Lewis County. [Ord. 1157, 1998; Ord. 1094 § 2, 1987]
3.35.130 Administration of trust fund.
(1) The Lewis County sheriff, as the chief law enforcement officer of the designated seizing law enforcement agency, shall act as trustee and fiduciary, and shall be responsible for management of the trust. Such responsibilities shall include maintenance of a record of all trust fund transactions and the purposes of such transactions, and a record of the costs and expenses associated with seizure and forfeiture of funds deposited in the trust. Any and all records maintained shall be current and be made available at all times to audit by authorized persons. The sheriff as trustee shall additionally have the power to delegate duties and shall always have a duty to act in good faith and with honest judgment.
(2) In the event of vacancy of office of the sheriff, or where the sheriff is interested or otherwise incapacitated from serving, the Lewis County coroner shall act as interim trustee until a new sheriff is appointed or elected, or the incapacity or interest has lapsed; provided that, nothing herein shall prevent the court from appointing a suitable person to act as interim trustee.
(3) The power of the trustee to control, invest, convey, divide, partition, sell, or otherwise manage the trust property shall be only as set forth in this article and shall be limited to the following:
(a) Monies to be deposited in the fund are limited to those monies and proceeds forfeited pursuant to RCW 69.50.505 and as a result of a seizure by UNET of Lewis County.
Such monies shall be maintained in the trust fund by the county treasurer who shall invest such monies as allowed and required by state statute and county ordinance. The county treasurer shall be entitled to receipt of any interest or capital gains received, as reimbursement for expenses incurred maintaining the fund.
(b) The sheriff’s office shall disburse such monies and proceeds to the auditor for deposit into the trust fund. Any unexpended monies advanced by the auditor for purposes enumerated in this article shall be remitted to the auditor for redeposit into the trust fund; EXCEPT, pursuant to RCW 69.50.505(h)(1), the county auditor shall by January 31st of each year remit to the state treasurer an amount equal to ten percent of the net proceeds of any property forfeited during the preceding calendar.
(c) Expenditures from the trust fund shall be as authorized by the Lewis County auditor pursuant to vouchers presented to the auditor by the Lewis County sheriff’s office. Such vouchers shall contain a statement of the purpose for which the funds are to be used. The auditor shall draw a warrant on the county treasurer payable to the sheriff, undersheriff, or chief criminal deputy, upon satisfaction that the funds are to be used only for one or more of the following purposes:
(i) Compensation as is necessary, of persons not regularly employed by Lewis County, the city of Chehalis, and the city of Centralia, for contractual services rendered as an informant;
(ii) Expenses for necessary meals, transportation, lodging and goods and services;
(iii) Expenses of law enforcement training to aid in enforcement of Chapter 69.50 RCW; and
(iv) Such expenses as the sheriff shall determine are reasonable and necessarily incident to enforcement of Chapter 69.50 RCW. [Ord. 1157, 1998; Ord. 1094 § 3, 1987]
3.35.140 Audit.
The office of the Lewis County auditor shall be responsible for and is directed to take appropriate action to ensure that the expenditures are for purposes authorized by and in compliance with this article. [Ord. 1157, 1998; Ord. 1094 § 4, 1987]
3.35.150 Informants.
Informants may be engaged on the basis of investigating single or ongoing activities and shall be identified solely by number or assumed name, assigned by the sheriff on all vouchers for reimbursement. The sheriff shall keep a record of all persons and numbers or assumed names subject to inspection only by authorized auditing persons. [Ord. 1157, 1998; Ord. 1094 § 5, 1987]