AGENDA #4j

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Correction of Police Special Supplies Budget 

 

DATE:             March 22, 2004

 

 

The attached budget amendment would re-appropriate $7,185 in special supplies for the Police Department as required by State law.

 

BACKGROUND AND DISCUSSION

 

Under the State Controlled Substance Tax Act, all controlled substances present in the State must have tax stamps affixed showing proof of payment. Anyone in possession of a controlled substance that does not have a stamp affixed will be subject to an assessment.  Seventy-five percent of the money collected from assessments and delinquent taxes on all controlled substances shall be remitted to the State or local law enforcement agency that conducted the investigation of the dealer that lead to the assessment.  The Police Department has collected $7,185 from such unpaid excise tax assessments. 

 

Federal and State Guidelines permit receipt of these funds only where it will increase and not supplant law enforcement resources of the specific state or local agency that participated in the forfeiture.  Further, the Guidelines make it clear the US Department of Justice will not permit either a diversion of the shared proceeds from the law enforcement purpose for which it was requested and given or a reduction in the law enforcement agency’s budget based upon the amounts received.  The Town is required by State law to re-appropriate any amounts unspent at year end from such seizures.  The attached budget amendment would appropriate the amount collected, but unspent at year end.

 

RECOMMENDATION

 

We recommend that the Council approve the attached budget amendment to re-appropriate $7,185 in special supplies for the Police Department as required by State law.

 

 

 
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003” (2004-03-22/O-5)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2003” as duly adopted on June 9, 2003, and the same is hereby amended as follows:

 

This the 22^nd day of March, 2004.