Chapter 3.20


3.20.010    Investigative fund created.

3.20.020    Funding.

3.20.030    Expenditures.

3.20.040    Unexpended funds.

3.20.010 Investigative fund created.

There is created within the police department budget a separate fund to be known as the police department investigative fund. This fund is established for the purpose of accumulating funds for the expansion and improvement of law enforcement services. (Ord. 1413 § 1 (part), 2014).

3.20.020 Funding.

Funds shall be paid and the same held and administered for this fund as follows:

(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 Othello 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)    Any donations made to the investigative fund.

(e)    Any moneys allocated by the city council to the investigative fund.

(f)    All fines, forfeitures and penalties ordered paid by any court into the investigative fund.

The net portion of forfeited proceeds described above, after payment to the Washington State Treasurer and settlement of all claims as required by the RCW and federal laws, shall be deposited into this fund. This fund shall be kept as a separate fund of the city of Othello and shall be separately listed and disclosed upon the Othello city budget as fund No. 113.

Moneys shall not be commingled with other city moneys. (Ord. 1413 § 1 (part), 2014).

3.20.030 Expenditures.

(a)    The net proceeds in this fund are to be used to assist the Othello police department in funding special investigations as determined by the Othello chief of police. The city finance officer shall have authority to manage these funds in the city budget and to create such funds as may be necessary.

(b)    The city finance officer shall 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 shall require written authorization of the chief of police and the city administrator.

(d)    Checks written for the police asset seizure bank account will require the signature of the city administrator or finance officer.

(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 finance officer on a regular basis.

(g)    The city finance officer is also authorized to invest the moneys from the police asset seizure fund as a separate secure investment. (Ord. 1413 § 1 (part), 2014).

3.20.040 Unexpended funds.

Any unexpended funds remaining in the police investigative 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. 1413 § 1 (part), 2014).