Chapter 3.42
POLICE ASSET SEIZURE FUND NO. 121
Sections:
3.42.030 Maintenance and use of proceeds.
3.42.010 Created.
There is created and established a special revenue-type fund to be known as the “police asset seizure fund No. 121” into which the net proceeds of the following will be placed:
A. RCW 69.50.505 provides for the seizure and forfeiture of property connected with the manufacture, compounding, processing, delivery, importing, or exporting of illegal narcotics and drugs (controlled substances) by law enforcement agencies, including the Sequim police department.
B. RCW 46.61.5058 provides for the seizure and forfeiture of a vehicle connected with driving a motor vehicle while meeting or exceeding the Washington State recognized level of intoxication (DUI) and having had a prior conviction within seven years as defined in RCW 46.61.5055.
C. Chapter 9A.83 RCW et seq. provides for the seizure and forfeiture of proceeds and property connected with money laundering.
D. Moneys derived as a result of the Federal Comprehensive Crime Control Act. (Ord. 2009-036 § 1; Ord. 2009-031 § 1; Ord. 99-004 § 1)
3.42.020 Purpose.
The city has previously established the police expendable trust fund No. 621 to hold pending, unresolved, seized or forfeited moneys as cited above until legally resolved. Therefore, it is the purpose of this chapter to create and maintain a separate special revenue type fund entitled “police asset seizure fund No. 121” to deposit the net portion of forfeited proceeds after payment to the Washington State Treasurer and settlement of all claims as required by the RCW and federal laws. This fund shall be kept as a separate fund of the city of Sequim and shall be separately listed and disclosed upon the Sequim city budget as fund No. 121. Moneys shall not be commingled with other city moneys. (Ord. 2009-036 § 1; Ord. 2009-031 § 1; Ord. 99-004 § 1)
3.42.030 Maintenance and use of proceeds.
A. The net proceeds in this fund are to be used to assist the Sequim police department in funding drug enforcement as determined by the Sequim city manager and the chief of police. RCW 69.50.505(10) states, “Forfeited property and net proceeds not required to be paid to the state treasurer shall be retained by the seizing law enforcement agency exclusively for the expansion and improvement of controlled substances related law enforcement activity. Money retained under this section may not be used to supplant preexisting funding sources.” The city administrative services director will have authority to manage these funds in the city budget and to create such funds as may be necessary.
B. The city administrative services director will establish a savings/checking account with a local bank for the deposit of needed proceeds to this fund. This account is intended to maintain any necessary confidential information with any purchases or expenditures from this account.
C. Withdrawals from the account will require written authorization of the chief of police.
D. Checks written for the police asset seizure fund will require the signature of the city manager or administrative services director.
E. Confidential funds used for the purchase of evidence, contraband, information from informants or investigative expenses must meet at least the current minimum requirements for receipt documentation as required by the RCW and the Washington State Budgeting, Accounting, and Reporting manual (BARS) and requirements of RCW 69.50.505.
F. All bank statements for this fund will be given to the city administrative services director on a regular basis.
G. The city administrative services director is also authorized to invest the moneys from the police asset seizure fund as a separate secure investment. (Ord. 2022-007 § 4 (Exh. B); Ord. 2009-036 § 1; Ord. 2009-031 § 1; Ord. 99-004 § 1)
3.42.040 Unexpended funds.
Any unexpended funds remaining in the police asset seizure fund at the end of any budget year shall not be transferred to the general fund or otherwise lapse; rather, said unexpended funds shall be carried forward from year to year until expended for the purposes set forth in this chapter or as otherwise directed by ordinance of the city council. (Ord. 2009-036 § 1; Ord. 2009-031 § 1; Ord. 99-004 § 1)