Resolution No. 5550
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RESOLUTION NO. 5550
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON AUTHORIZING THE CHIEF OF POLICE TO
PARTICIPATE IN THE TRANSFER OF FEDERALLY
FORFEITED PROPERTY PROGRAM
WHEREAS, the Federal Government has established the
Transfer of Federally Forfeited Property Program; and
WHEREAS, said Program requires that the Chief of
Police of the participating municipality be authorized to make
application for and to accept the :forfeited property on behalf
of the police department of the municipality; and
WHEREAS, said Program requires that the Chief of
POlice, or a properly appointed fiscal officer of the police
department, be authorized to make disbursements of any funds
transferred to the city pursuant to said Federal Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
SECTION 1: That the City council of the City of Ver-
non hereby authorizes the Chief of Police to make application
for the Transfer of Federally Forfeited Property and to accept
any such forfeited property and is further authorized to make
disbursements of said forfei ted property in accordance with
the rules and regulations of said Program.
SECTION 2: The City Clerk of the City of Vernon
shall certifY to the passage of this resolution and thereupon
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1 and thereafter the same shall be in full force and effect.
2 APPROVED AND ADOPTED this 6th day of September, 1988.
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BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA )
)ss
2 COUNTY OF LOS ANGELES )
3 I, BRUCE V. MALKENHORST, City Clerk of the City of
4 Vernon, do hereby certify that the foregoing Resolution, being
5 Resolution No. 5550
, was duly adopted by the City Council
6 of the City of Vernon, and was approved by the Mayor of said
7 City at a regular meeting of the City Council held on Tuesday,
September 6 , 19 88.
~~u~
BRUCE V. MALKENHORST, City Clerk
(SEAL)
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CITY COUNCIL
~ @ ~ ~ w ~::HORST'
MAR 11f_ministrator/city Clerk
DAVID B. BRE4.RLEY,
ADM INISTRA TOR'S <ti);Ijli{(UQ-ney
C""T" ,.-". VICTOR H. VAITS,
Director of Community Services
.. .
LEONIS C. MALBURG, Mayor
THOMAS A. YBARRA, Mayor Pro-Tern
Wm. "BILL" DAVIS
H. "LARRY" GONZALES
W. MICHAEL McCORMICK
TELEPHONES
CITY CLERK. .. .. .. . . .. . .. .. 583-881I
POLICE DEPT. ..............587-5171
FIRE DEPT. . . . . . . . . . . . . . . . . .583-4821
BUILDING DEPT. . . . . . . . . . . . .583-8811
PUBLIC WORKS DEPT. . . . . . . . 583-8811
HEALTH DEPT. ............. 583-881I
LEWIS R. ADAMS,
Director of Water & Power
LARRY SPADT,
Fire Chief
CITY HALL
LOUIS ROSENKRANTZ
Police Chief
In Reply Refer to:
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
March 15, 1991
Mr. Bruce V. Malkenhorst
City Administrator/City Clerk
4305 Santa Fe Avenue
Vernon, California 90058-0805
Re: Equitable Sharing Program for
Federally Forfeited Property
Dear Bruce:
Recently questions have been raised concerning the proper
method of accounting for interest earned on monies transferred to
the City of Vernon pursuant to the Equitable Sharing Program for
federally forfeited property.
The City
authorized by
ipation in this program is
a copy of which is attached.
The office of the Attorney General has issued guidelines on
seized and forfeited property. These guidelines require that any
income generated by the transferred property shall be used for
the law enforcement purposes specified in the request. The
United States Attorney for the Central District of California and
the United States Department of Justice, Asset Forfeiture Office,
have similarly taken the position, in written correspondence to
other agencies, that interest earned on monies transferred to
recipient departments must be used under the same restrictions
applicable to the original transfer, i. e., for law enforcement
purposes.
While we have been unable to discover and have not been
provided with any specific rule or regulation requiring that
funds received under the subject program be deposited in
segregated accounts, given the strict limitations applicable to
the use of such funds along with interest derived therefrom, it
would follow that a prudent practice would be to utilize a
separate account fund so as to avoid possible problems relating
to the amount of interest earned and its usage.
Mr. Burce V. Malkenhorst
March 15, 1991
Page 2
Currently, there appears to be a si tuatio.n involving an
amount of approximately $37,802.00 in funds received on or about
May of 1989 which was not deposited into. a separate account.
Recently, this amount was transferred to a separate account.
Apparently, no amount representing accrued interest was
transferred.
It is my opinion that all accrued interest should be
transferred to the separate account. If it is impracticable to
determine precisely the amount of accrued interest, then an
attempt should be made to ascertain as closely as possible an
estimated amount which would represent such interest. This may
entail utilizing a co-mingled average rate on the previous fund
if this can be determined with accuracy.
Records should be kept so that the method used to determine
the interest can be demonstrated in the event of a future audit.
(A detailed memo to the file with a copy to the Police Department
should be sufficient.) While this after-the-fact approach was
not anticipated by the Attorney General, it seems to me to be the
only available approach at this time that would meet the spirit
and intent of the guidelines as interpreted by the various
federal agencies.
Please call the undersigned should you have any further
questions concerning this matter.
Very truly yours,
~t!~:~~
City Attorney
DBB:RJE:nc
Enclosure
cc: Sharon Duckworth
Accounting Office Manager
Capt. James E. Mason
Police Department
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RESOLUTION NO. 9610
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING SECTION 1 OF RESOLUTION NO. 5550
REGARDING PARTICIPATION IN THE TRANSFER OF
FEDERALLY FORFEITED PROPERTY PROGRAM AND RATIFYING
THE EXECUTION OF APPLICATIONS FOR THE TRANSFER OF
FEDERALLY FORFEITED PROPERTY
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7 WHEREAS, on September 6, 1988, the City Council of the City
8 of Vernon approved Resolution No. 5550 which authorized the Chief of
9 Police to make application for and to accept the forfeited property and
10 to make disbursements of said forfeited property in accordance with the
11 Transfer of Federally Forfeited Property Program (the "Program"); and
12 WHEREAS, since the adoption of Resolution No. 5550, designees
13 of the Chief of Police have executed the applications for and accepted
14 the forfeited property and made disbursements of said property; and
15 WHEREAS, the City Council of the City of Vernon desires to
16 amendment Resolution No. 5550 to authorize the Chief of Police, or his
17 designee, to execute the applications for the forfeited property,
18 accept such property and make disbursements of the property; and
19 WHEREAS, the City Council of the City of Vernon desires to
20 ratify the actions taken by the Police Department since the adoption of
21 Resolution No. 5550 in facilitating the Program.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
23 CITY OF VERNON AS FOLLOWS:
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SECTION 1:
The City Council of the City of Vernon hereby
25 finds and determines that the recitals contained hereinabove are true
26 and correct.
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SECTION 2:
The City Council of the City of Vernon hereby
28 amends Section 1 of Resolution No. 5550 in its entirety to read as
1 follows:
2 The City Council of the City of Vernon hereby
3 authorizes the Chief of Police, or his designee, to
4 make and execute Applications for the Transfer of
5 Federally Forfeited Property, to accept any such
6 forfeited property and to make disbursements of
7 said forfeited property in accordance with the
8 rules and regulations of said Program.
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SECTION 3:
The provisions of Resolution No. 5550 not
10 consistent with or in conflict with this Resolution are hereby
11 repealed; in all other respects Resolution No. 5550 shall remain in
12 full force and effect.
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SECTION 4:
The City Council of the City of Vernon hereby
14 approves and ratifies the actions taken by the Police Department in
15 submitting applications, accepting forfeited property and making
16 disbursements of forfeited property under the Program since 1988.
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SECTION 5:
The City Clerk of the City of Vernon shall
18 certify to the passage of this resolution, and thereupon and
19 thereafter the same shall be in full force and effect.
20 APPROVED AND ADOPTED this 5th day of May, 2008.
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~/5t~~r'~vL4f;:;'
N Leonis C. Malburg
ame:
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ATTEST:
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Title: Mayor / -MayUL FLU '""'i'cmp
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
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I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9610, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, May 5, 2008, and
thereafter was duly signed by the Mayor or Mayor Pro-Tern of the City of
Vernon.
(SEAL)
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE:
May 211 2008
TO: Sharon Duckworth I City Treasurer
Steve Towles I Chief of Police
FROM~ Nelly Giron, City Clerk
RE: Resolution No.9610 - A Resolution of the City Council of the
City of Vernon Amending Section 1 of Resolution No. 5550
Regarding Participation in the Transfer of Federally
Forfeited Property Program and Ratifying the Execution of
Applications for the Transfer of Federally Forfeited Property
Transmitted herewith is a copy of Resolution No. 9610 referenced above I
which was approved by City Council on May 51 2008.
Thank you.
NG:dr
c: Resolution No. 9610