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HomeMy WebLinkAbout2011 09 12 Consent 209 Resolution 2011-48 Drug Fund COMMISSION AGENDA CONSENT X INFORMATIONAL ITEM 209 PUBLIC HEARING REGULAR MGR /DEPT September 12, 2011 Regular Meeting Authorization REQUEST: The Finance and Administrative Services Department and the Criminal Investigations Unit of the Winter Springs Police Department is Requesting City Commission consider approval of Resolution 2011-48 designating the City Manager, Finance and Administrative Services Director and the Public Works/Utility Director as authorized representatives to execute documentation required by the Branch Banking and Trust Company on behalf of the City of Winter Springs. SYNOPIS: During the Regular Meeting of April 11, 2011 Consent Item 202 requesting authorization to establish a confidential funds account was requested and granted. This Resolution will establish the authorized City agents (signatures) on the account. This request seeks Commission consideration to approve Resolution 2011-48 which establishes authorized signatures on the account for The Criminal Investigations Unit of the Winter Springs Police Department. CONSIDERATIONS: City of The Branch Banking and Trust Company (BB&T) located at 1495 East State Road 434 in the Winter Springs offered the least expensive and best operational method to accomplished the goal of quick access to cash for criminal investigations. BB&T offers a product line of accounts targeted to Small Business Banking and Governments. Furthermore, because of the relationship established with BB&T, as a result of recent the bond refundings, BB&T is offering to the city this account with no monthly service charges. Controls for this account have been established with and are contained in Winter Springs Police Department General Order 22-3 Confidential Funds (for details, see attached). FISCAL IMPACT: Monies for the Confidential Fund Account are to come from the Special Law Enforcement Trust Fund (Local and/or Federal) which are monies that are received from the seizure of property obtained during the enforcement of law on illegal activities, the proceeds of which are restricted for the purposes of furthering law enforcement efforts exclusive of salaries and vehicles. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And Is Available On The City’s Website, LaserFiche, And The City’s Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City’s Website, LaserFiche, And The City’s Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATIONS: Designate the City Manager, Finance and Administrative Services Director and the Public Works/Utility Director as authorized representatives to execute documentation related to this account. Allow the City Manager and City Attorney to coordinate and execute any and all documents needed to facilitate these transactions. ATTACHMENTS: Resolution 2011-48 Winter Springs Police Department General Order 22-3 Confidential Funds RESOLUTION NO. 2011-48 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING THE MAINTAINING OF DEPOSIT ACCOUNTS AND SERVICES WITH THE BRANCH BANKING & TRUST COMPANY; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, AND AN EFFECTIVE DATE. WHEREAS , the City Commission desires to authorize the City Manager to maintain accounts with the Branch Banking & Trust Company and designate the City Manager, Finance & Administrative Services Director, and Public Works/Utility Director as authorized representatives to execute documentation required by the Branch Banking & Trust Company from time to time; and WHEREAS , the City Commission of the City of Winter Springs deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1Incorporation of Recitals .. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2.Authorizing the Branch Banking & Trust Company as an Authorized Depository. The City Commission hereby authorizes the Branch Banking & Trust Company as a designated depository of the City of Winter Springs and that deposit accounts and/or time deposits (CD’s) may be opened and maintained in the name of the City of Winter Springs with the Branch Banking & Trust Company in accordance with the terms of the Bank’s deposit agreement and disclosures and the applicable rules and regulations for such accounts. Said agreements, disclosures and applicable rules and regulations shall be subject to prior approval by the City Manager. Section 3. Designation of Authorized Representatives . The City Commission hereby designates Kevin L. Smith, City Manager, and Shawn Boyle, Finance and Administrative Services Director, as the authorized representatives of the City of Winter Springs, Florida. In the event of an emergency in which either the City Manager or Finance and Administrative Services Director are not available, Kipton Lockcuff, Public Works/Utilities Director, shall be a duly authorized representative during said emergency and unavailability. The designated representatives are hereby authorized, on behalf of the City of Winter Springs and in its name, to execute and to sign, together as dual signatories, any application, deposit agreement, signature card and any other documentation required by the Branch Banking & Trust Company, to open said City of Winter Springs Resolution 2011-48 12 Page of accounts, to withdraw funds from or transmit funds to any account of the Branch Banking & Trust Company, to establish funds transfer instructions, and to take any other action pursuant to any deposit agreements approved by the City Manager. All authorization permitted by this Resolution shall require the dual signature of the City Manager and Finance and Administrative Services Director, and in the case of emergency and unavailability as stated above, the Public Works/Utilities Director. Section 4. Duration . This resolution shall remain in full force and effect and the authority herein given to all of said persons shall remain irrevocable as far as the Branch Banking & Trust Company is concerned until such time as Branch Banking & Trust Company is notified in writing of the revocation of such authority by the City Commission. Section 5. Certification. The City Clerk is hereby authorized and directed to certify this Resolution to the Branch Banking & Trust Company. Section 6. Repeal of Prior Inconsistent Resolutions . All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 7. Severability . If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 8. Effective Date . This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _____ day of _______________, 2011. ____________________ Charles A. Lacey, Mayor ATTEST: ________________________________________ ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: _______________________________________ ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution 2011-48 22 Page of WINTER SPRINGS POLICE DEPARTMENT GENERAL ORDER22-3 TITLE: Ref. CONFIDENTIAL FUND MONIES Effective: 05/17/94 Revised: 11/15/10 C.F.A. STANDARDS 7.06M & 18.03 PURPOSE: This directive is to establish accounting and control procedures for the confidential fund. DISCUSSION: Law enforcement agencies engaged in pro-active investigations of criminal activity have a legitimate need to use confidential funds for a variety of investigative needs. Strict control of these funds is necessary for not only the legal aspects of their use, but also for accountability and to eliminate their misuse. POLICY: It is the policy of the Winter Springs Police Department to maintain stringent control over all confidential fund monies utilized by the Department. The funds shall be employed only for legitimate authorized purposes in the investigation of vice and other organized criminal activity. Winter Springs Police Department shall not pay monies to confidential informants. DEFINITIONS: Confidential Fund - A structured accounting and banking system operated by the Winter Springs Police Department, providing officers with investigative expense monies to support operations of the vice and organized crime control functions. This includes, but is not limited to: purchasing contraband as evidence, and expenses for surveillance. [CFA 18.03 (f)] Confidential Fund Custodian - The Street Crimes Unit Supervisor is responsible for dispensing and monitoring the use of investigative funds by members of the Police Department. [CFA 7.06M (a)] RULES AND PROCEDURES: 22-3.1 RESPONSIBILITIES OF FUND CUSTODIAN A. The confidential fund custodian is responsible for maintaining the fund in accordance with City rules and regulations, as well as being authorized to disburse or accept cash. These responsibilities include: 1. The proper disbursement and deposit of funds, bookkeeping and banking procedures associated with the confidential fund shall have a separate accounting system from other City funds. 2. Maintaining copies of all fund transaction documents and the purging of confidential fund re- cords in accordance with the State of Florida Records Retention Schedule. 22-3.2 AUDITING OF THE CONFIDENTIAL FUND A. To ensure the continued integrity of the confidential fund, the Criminal Investigations Bureau Commander is responsible for conducting a quarterly internal audit. [CFA 7.06M (e)] 1 B. An annual audit of the confidential fund shall be performed by a Member of the Finance Department to evaluate the continued integrity of the fund and assess the need for any additional controls. 22-3.3 AUTHORIZED DISBURSEMENTS OF FUND MONIES A. The confidential fund custodian is authorized to make disbursements from the confidential fund only to authorized personnel for specific purposes . [CFA 7.06M (f)] 1. Expenditures for authorized undercover operations, special investigations and other criminal investigations; or, 2. "Flash rolls" and "buy money" for authorized, legitimate investigations. B. The confidential fund custodian shall not make disbursements from the confidential fund to himself. C. Any confidential fund expenditure requires prior approval by the Chief of Police. [CFA 7.06M (d)] D. Confidential fund transaction records and other documentation are to be stored in a secure location. Access to these records is restricted in accordance to applicable state laws, city ordinances, and Department rules or procedures on record storage. 22-3.4 WITHDRAWALS AND EXPENDITURES A. All other officers seeking a withdrawal from the fund who are not on the authorization list must obtain prior written approval from the Chief of Police or designee. B. Prior to the issuance of any money from the confidential fund, an officer needs to submit to the fund custodian a written and approved request for funds. The confidential fund custodian will then issue the requesting officer a copy of the receipt acknowledging that the funds were requested and received by the member. [CFA 7.06M (b)] C . The fund custodian shall withdraw or deposit funds into an established account at a local bank separate from any other City of Winter Springs accounts. The account will be accessed only with an A.T.M. card that will be in the possession of the Street Crimes Unit Supervisor. For the purpose of dual control, The Criminal Investigations Bureau Commander will have the PIN. 22-3.5 RECEIPTS [CFA 7.06M (c)] A. Member's receiving payment are to obtain a signed receipt for all funds expended. 1. Pre-signed receipts obtained from any source are strictly prohibited. B. Funds that are expended on active, documented confidential sources require the issuing officer to complete a Source Activity Form. 22-3.6 ACCOUNTING FOR FUNDS [CFA 7.06M (c)] 2 A. All officers receiving confidential fund monies are required to prepare a monthly expense report Confidential Fund Accounting Sheet, accounting for all monies withdrawn and expended from the fund. The form must be completed in its entirety with appropriate receipts and other documentation attached as well as any unexpended monies. The report shall include but limited to: 1. The amount and purpose of payment 2. Officer’s name 3. Date 4. Case number 5. Type of investigation 6. Control or identifier number 7. Material purchased 8. Subsequent law enforcement action 9. Originals of any receipts B The expense report with all supporting documents and receipts shall be submitted to the officer's Bureau Commander for review and approval. After receiving Bureau Commanders approval, the expense report is to be forwarded to the confidential fund custodian at the end of each month. C All unexpended funds shall be returned to the confidential fund custodian at the end of each month along with a written monthly expense report. D. The confidential fund custodian shall then provide the officer with a receipt acknowledging that such funds were redeposited as unexpended. E. Officers may maintain a personal file containing a record of all confidential fund transactions and copies of all relevant receipts and Department fund accounting forms. F. Monthly, the Fund Custodian will reconcile receipts to the bank statements, sign report and file for future auditing purposes. 22-3.7 PERSONAL MONIES UTILIZED FOR PAYMENTS A. Officers should not utilize their own personal monies to fund or conduct any operation, investiga- tion, or compensate any informant or source. In the event a special investigation requires personal monies be used, exceptions to this rule may be granted in writing by a Bureau Commander, prior to the disbursement of funds. BY ORDER OF: Kevin P. Brunelle CHIEF OF PO LICE 3 RESOLUTION NO. 2011-48 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING THE MAINTAINING OF DEPOSIT ACCOUNTS AND SERVICES WITH THE BRANCH BANKING & TRUST COMPANY; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, AND AN EFFECTIVE DATE. WHEREAS, the City Commission desires to authorize the City Manager to maintain accounts with the Branch Banking & Trust Company and designate the City Manager, Finance Director, and Public Works/Utility Director as authorized representatives to execute documentation required by the Branch Banking & Trust Company from time to time; and WHEREAS, the City Commission of the City of Winter Springs deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Authorizing the Branch Banking & Trust Company as an Authorized Depository. The City Commission hereby authorizes the Branch Banking & Trust Company as a designated depository of the City of Winter Springs and that deposit accounts and/or time deposits (CD's) may be opened and maintained in the name of the City of Winter Springs with the Branch Banking & Trust Company in accordance with the terms of the Bank's deposit agreement and disclosures and the applicable rules and regulations for such accounts. Said agreements, disclosures and applicable rules and regulations shall be subject to prior approval by the City Manager. Section 3. Designation of Authorized Representatives. The City Commission hereby designates Kevin L. Smith, City Manager, and Shawn Boyle, Finance and Administrative Services Director, as the authorized representatives of the City of Winter Springs, Florida. In the event of an emergency in which either the City Manager or Finance and Administrative Services Director are not available, Kipton Lockcuff, Public Works/Utilities Director, shall be a duly authorized representative during said emergency and unavailability. The designated representatives are hereby authorized, on behalf of the City of Winter Springs and in its name, to execute and to sign, together as dual signatories, any application, deposit agreement, signature card and any other documentation required by the Branch Banking & Trust Company, to open said City of Winter Springs Resolution 2011-48 Page 1 of 2 accounts, to withdraw funds from or transmit funds to any account of the Branch Banking & Trust Company, to establish funds transfer instructions, and to take any other action pursuant to any deposit agreements approved by the City Manager. All authorization permitted by this Resolution shall require the dual signature of the City Manager and Finance and Administrative Services Director, and in the case of emergency and unavailability as stated above, the Public Works/Utilities Director. Section 4. Duration. This resolution shall remain in full force and effect and the authority herein given to all of said persons shall remain irrevocable as far as the Branch Banking & Trust Company is concerned until such time as Branch Banking & Trust Company is notified in writing of the revocation of such authority by the City Commission. Section 5. Certification. The City Clerk is hereby authorized and directed to certify this Resolution to the Branch Banking & Trust Company. Section 6. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 8. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. RESOLVED by the City Commission of the City of Wirter �prinrs, Florida, in a regular meeting assembled on the 12th day of September , ��11. � � . ��, Char s . acE� , lVla� � , � ATTES�j: ` , t; � AN �d ORENZO-LUACES, City Clerk Approved a to legal form and sufficiency for the City ' ter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution 2011-48 Page 2 of 2