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Home My WebLink About2011 04 11 Consent 202 Drug Fund COMMISSION AGENDA CONSENT X INFORMATIONAL ITEM 202 PUBLIC HEARING REGULAR MGR /DEPT April 11, 2011 Regular Meeting Authorization REQUEST: The Finance Department and the Criminal Investigations Unit of the Winter Springs Police Department is Requesting City Commission Authorize the establishment of a Separate & Distinct Bank Account for the purpose of allowing The Criminal Investigations personnel access to funds via a debit card for the purpose of investigative expenditures so as to apprehend alleged criminals and secure arrests. SYNOPIS: The Criminal Investigations Unit of the Winter Springs Police Department is engaged in pro-active investigations of criminal activity. The Unit has a legitimate need to use confidential funds for a variety of investigative needs. This account will provide the controls necessary to ensure accountability for the use of such funds as well as confidential access to the funds when needed. CONSIDERATIONS: Currently when monies for such investigations are requested, it must be requested well in advance of the investigation and apprehension activities. This does not allow for leads and contacts that must be acted upon immediately in order to facilitate the investigation. If requested in advance and if the investigation is delayed, the money although secure with police personnel is left in a desk safe not making it very safe or accountable. The Confidential Funds Account together with the Winter Springs Police Department General Order 22-3 will allow for the flexibility needed by the Criminal Investigations Unit and the control needed by the Finance Department in order safe guard the City’s assets. FISCAL IMPACT: Funds for the Confidential Fund Account are to come from the Special Law Enforcement Trust Fund (Local and/or Federal). This fund was established to receive revenues derived from confiscated property obtained during the enforcement of law on illegal operations. The expenditures of these funds are restricted for the purposes of furthering law enforcement efforts. COMMUNICATION EFFORTS: This Agenda Item has been forwarded to the Mayor and City Commission; City Manager; City Attorney/Staff; placed in Press Packets; placed in the City Hall (Lobby) City Commission Meeting binder; and is available on the City’s Website, LaserFiche, and the City’s Server. Additionally, information related to this Agenda Item has been sent to media/press representatives who have requested Agendas/Agenda Item information, all Homeowner’s Associations on file with the City, all individuals who have requested Agendas/Agenda Item information, Department Directors; and also 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. RECOMMENDATIONS: It is recommended that the Commission authorize the establishment and use of a separate bank account for the sole and specific use of Confidential Funds by the Winter Springs Police Department and authorize the City Manager and City Attorney to prepare and execute all applicable documents. ATTACHMENTS: Winter Springs Police Department General Order 22-3 Confidential Funds 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