HomeMy WebLinkAboutItem 05 - Police Evidence AccountDepartment Name: Police
Cost Center:
For Agenda of:
Placement:
Estimated Time:
8001
November 12, 2019
Consent
N/A
FROM: Deanna Cantrell, Chief of Police
Prepared By: John Bledsoe, Police Lieutenant
SUBJECT: POLICE EVIDENCE ACCOUNT
RECOMMENDATION
1.Authorize the transfer of funds from Fund 701 General Agency Fund – Police (for Evidence
funds) in the amount of $139,258 to General Fund balance; and
2.Authorize the Finance Director to return claimed funds that have been validated by the Police
Department, up to $7,500 to claimant from the Evidence Fund account; and
3.Authorize the City Manager to approve the close out of the Evidence Fund account annually,
at the end of each fiscal year, and appropriate funds accordingly; and
4.Adopt a Resolution (Attachment A) to appropriate funds in the General Fund for the purpose
of purchasing public safety equipment and/or other police related items.
DISCUSSION
The San Luis Obispo Police Department currently has approximately $139,258 held in the
General Agency Fund specific for Police Evidence funds. These funds have been found or seized
by the San Luis Obispo Police Department and held as evidence or booked for safekeeping. In
some cases, evidence associated with an active case cannot be released until the case has been
adjudicated (or settled in court). The time can be lengthy for most case adjudications.
According to the California Government Code §§50050 – 50057 and the Department’s Lexipol
policy, if the money found or seized is no longer required as evidence and remains unclaimed for
over three years, the department shall publish a notice for a period of two consecutive weeks in a
local newspaper. If any money remains unclaimed after the date designated in the notice, the
money will become the property of the City and can be transferred to the City’s General Fund.
A public notice was published by the City on August 29, 2019 and September 5, 2019, in the
New Times newspaper (a periodical that the City uses for all publication notices) for a total of
two weeks (Attachment B). However, there were no attempts from the public to claim any of the
evidence funds.
The department is requesting the unclaimed amount of $139,258 be transferred and appropriated
to the General Fund for Police use. The department will consult with the City Manager regarding
purchases; in general, purchases may include evidence management equipment, facility repairs
and improvements, training, and safety equipment. All of the uses will be one time and for the
purposes of enhancing or maintaining police services.
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Policy Context
Lexipol Policy 803.7.2
UNCLAIMED MONEY
If found or seized money is no longer required as evidence and remains unclaimed after
three years, the Department shall cause a notice to be published each week for a period of
two consecutive weeks in a local newspaper of general circulation (Government Code §
50050). Such notice shall state the amount of money, the fund in which it is held and that the
money will become the property of the agency on a designated date not less than 45 days and
not more than 60 days after the first publication (Government Code § 50051).
Any individual item with a value of less than $15.00, or any amount if the depositor/owner's
name is unknown, which remains unclaimed for a year or by order of the court, may be
transferred to the general fund without the necessity of public notice (Government Code §
50055).
If the money remains unclaimed as of the date designated in the published notice, the money
will become the property of this City and transferred to the City's General Fund
(Government Code § 50053).
Government Code Sections 50050 – 50057 (Attachment C)
Public Engagement
Per the Lexipol Policy, a notice was published for in the New Times newspaper. The public will
also have the opportunity to provide comment either in writing prior to the Council meeting or in
person as part of the public Council meeting.
CONCURRENCE
The City Finance Director and City Attorney both concur with the staff recommendation.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: No Budget Year: 2019/20
Funding Identified: Yes
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Fiscal Analysis:
Funding Sources FY Cost Annualized On-
Going Cost
Total Project Cost
General Fund $139,258
State
Federal
Fees
Other:
Total $139,258
ALTERNATIVE
Council could deny this request and authorize the money to be returned to the General Fund for
other purposes. Staff does not recommend this alternative. The department met with staff from
the City Attorney’s office and the recommendation was to follow the attached Government Code
section which enables the City to take ownership of these funds if not claimed. The department
can use these funds to purchase critical equipment and conduct minor repairs that are currently
unfunded due to limited budgets and the Fiscal Health Response Plan.
Attachments:
a - Draft Resolution
b - Public Notice Proof of Publication
c - Government Code Sections 50050-50057
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R ______
RESOLUTION NO. _____ (2019 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE TRANSFER OF FUNDS
FROM FUND 701 GENERAL AGENCY FUND – POLICE EVIDENCE
FUNDS, TO GENERAL FUND BALANCE
WHEREAS, the San Luis Obispo Police Department has a balance of approximately
$139,258 in the General Agency Fund for Police Evidence Funds,
WHEREAS, these funds have been found or seized by the San Luis Obispo Police
Department and held as evidence or booked for safekeeping, and funds are from cases that have
been adjudicated and unclaimed for three years or more;
WHEREAS, the City published a public advertisement for a two-week time period and
$139,258 remains unclaimed;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. That pursuant to Government Code Sections 50050-50057 of the State of
California, and the City of San Luis Obispo Police Lexipol Policy 803.7.2; if found or seized
money is no longer required as evidence and remains unclaimed after three years, the Department
shall cause a notice to be published and if the money remains unclaimed, the money will become
the property of this City and transferred to the City’s General Fund Balance.
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Resolution No. _____ (2019 Series) Page 2
R ______
SECTION 2. That all unclaimed funds will be appropriated from General Fund Balance
to the Police Department operating budget for the purpose of purchasing items related to Police
services.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2019.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this __________ day of ______________________, __________.
____________________________________
Teresa Purrington
City Clerk
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CODE TEXT
GOVERNMENT CODE - GOV
TITLE 5. LOCAL AGENCIES [50001 - 57550]
( Title 5 added by Stats. 1949, Ch. 81. )
DIVISION 1. CITIES AND COUNTIES [50001 - 52203]
( Division 1 added by Stats. 1949, Ch. 81. )
PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 -
51298.5]
( Part 1 added by Stats. 1949, Ch. 81. )
CHAPTER 1. General [50001 - 50290]
( Chapter 1 added by Stats. 1949, Ch. 81. )
ARTICLE 3. Financial Affairs [50050 - 50057]
( Article 3 added by Stats. 1949, Ch. 81. )
50050.
For purposes of this article, “local agency” includes all districts. Except as otherwise provided by law,
money, excluding restitution to victims, that is not the property of a local agency that remains unclaimed
in its treasury or in the official custody of its officers for three years is the property of the local agency after
notice if not claimed or if no verified complaint is filed and served. At any time after the expiration of the
three-year period, the treasurer of the local agency may cause a notice to be published once a week for two
successive weeks in a newspaper of general circulation published in the local agency. At the expiration of
the three-year period, money representing restitution collected on behalf of victims shall be deposited into
the Restitution Fund or used by the local agency for purposes of victim services. If a local agency elects to
use the money for purposes of victim services, the local agency shall first document that it has made a
reasonable effort to locate and notify the victim to whom the restitution is owed. The local agency may
utilize fees collected pursuant to subdivision (l) of Section 1203.1 or subdivision (f) of Section 2085.5 of
the Penal Code to offset the reasonable cost of locating and notifying the victim to whom restitution is
owed. With respect to moneys deposited with the county treasurer pursuant to Section 7663 of the Probate
Code, this three-year period to claim money held by a local agency is extended for an infant or person of
unsound mind until one year from the date his or her disability ceases.
For purposes of this section, “infant” and “person of unsound mind” have the same meaning as given to
those terms as used in Section 1441 of the Code of Civil Procedure.
(Amended by Stats. 2013, Ch. 457, Sec. 1. (AB 934) Effective January 1, 2014.)
50051.
The notice shall state the amount of money, the fund in which it is held, and that it is proposed that the
money will become the property of the local agency on a designated date not less than forty-five days nor
more than sixty days after the first publication of the notice.
(Added by Stats. 1949, Ch. 81.)
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50052.
Upon or prior to publication, a party of interest may file a claim with the treasurer which must include the
claimant’s name, address, amount of claim, the grounds on which the claim is founded, and any other
information that may be required by the treasurer. The claim shall be filed before the date the unclaimed
money becomes the property of the local agency as provided under Section 50051 and the treasurer shall
accept or reject that claim. If the claim is rejected by the treasurer, the party who submitted the claim may
file a verified complaint seeking to recover all, or a designated part, of the money in a court of competent
jurisdiction within the county in which the notice is published, and serves a copy of the complaint and the
summons issued thereon upon the treasurer. The copy of the complaint and summons shall be served within
30 days of receiving notice that the claim was rejected. The treasurer shall withhold the release of the
portion of unclaimed money for which a court action has been filed as provided in this section until a
decision is rendered by the court.
(Amended by Stats. 1984, Ch. 866, Sec. 2.)
50052.5.
(a) Notwithstanding Section 50052, the treasurer may release to the depositor of the unclaimed money, their
heir, beneficiary, or duly appointed representative, unclaimed money if claimed prior to the date the money
becomes the property of the local agency upon submitting proof satisfactory to the treasurer, unless the
unclaimed money is deposited pursuant to Section 7663 of the Probate Code.
(b) Notwithstanding Section 50052, the treasurer may release unclaimed money deposited with the county
treasurer pursuant to Section 7663 of the Probate Code, to any adult blood relative of either the decedent or
the decedent’s predeceased spouse.
(c) Notwithstanding Section 50052, the treasurer may release unclaimed money deposited with the county
treasurer pursuant to Section 7663 of the Probate Code to the parent who has legal and physical custody of
a minor who is a blood relative of either the decedent or the decedent’s predeceased spouse without the
need to appoint a legal guardian for the minor as follows:
(1) If the value of the unclaimed money deposited with the county treasurer is five thousand dollars ($5,000)
or less, the treasurer may release the money according to Section 3401 of the Probate Code.
(2) If the value of the unclaimed money deposited with the county treasurer is sixty thousand dollars
($60,000) or less, and the money is not released under paragraph (1), the unclaimed money may be released
by the treasurer to the parent who shall, after payment of any costs incurred in making the claim, hold the
money in trust, to be used only for the care, maintenance, and education of the minor, and the parent shall
be liable therefor to the minor under the fiduciary laws of this state. The money held in trust shall be released
to the minor when the minor reaches the age of majority.
(d) The claim shall be presented to the county treasurer in affidavit form and signed under penalty of
perjury. Notwithstanding Section 13101 of the Probate Code, the claimant, to be entitled to the entire
escheated estate, needs only to establish with documentary proof the existence of a blood relationship to
either the decedent or of the predeceased spouse, if any, and the documentary proof, if regular on its face,
need not be certified. Notwithstanding Section 13101 of the Probate Code, the claimant shall not be required
to declare that no other person has an equal or superior claim to the escheated estate.
The county treasurer may rely in good faith on the sworn statements made in the claim and shall have no
duty to inquire into the truth or credibility of evidence submitted.
In paying out the escheated estate, the county treasurer shall be held harmless to all. Payment shall act as
total acquittance and shall completely discharge the county treasurer from any liability.
If the county treasurer rejects any claim made hereunder, the claimant may take his or her grievance to the
Superior Court of the county holding the escheated estate.
Any claim paid hereunder shall be paid without interest.
(Amended by Stats. 2000, Ch. 333, Sec. 1. Effective January 1, 2001.)
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50053.
When any such money becomes the property of a local agency and is in a special fund, the legislative body
may transfer it to the general fund.
(Added by Stats. 1949, Ch. 81.)
50054.
Whenever any city or county or city and county renders construction services or constructs public works
for any city, county, city and county or any other governmental agency below the level of the state
government, the price charged for such services or construction shall be sufficient to reimburse the
governmental body performing such services for the full cost thereof including labor, material, equipment
costs or rentals and a reasonable allowance for overhead. In computing overhead, without limitation on
other factors properly includable, there shall be allocated to the overhead cost its proportionate share of
indirect labor and administrative costs.
(Added by Stats. 1971, Ch. 558.)
50055.
Any other provision of this article notwithstanding, any individual items of less than fifteen dollars ($15),
or any amount if the depositor’s name is unknown, which remain unclaimed in the treasury or in the official
custody of an officer of a local agency for the period of one year or upon an order of the court may be
transferred to the general fund by the legislative body without the necessity of publication of a notice in a
newspaper.
(Amended by Stats. 1996, Ch. 89, Sec. 1. Effective July 1, 1996.)
50056.
The responsibilities of the treasurer as provided under this article may be delegated by the treasurer to the
agency, district, or department that maintains the supporting records of the unclaimed money based on the
initial receipt or deposit of that money or both.
(Added by Stats. 1984, Ch. 866, Sec. 4.)
50057.
For individual items in the amount of five thousand dollars ($5,000) or less, the legislative body of any
county may, by resolution, authorize the county treasurer to perform on its behalf any act required or
authorized to be performed by it under Sections 50050, 50053, and 50055. The resolution shall require that
the county auditor be informed of each act performed under the authorization.
(Amended by Stats. 2011, Ch. 382, Sec. 2. (SB 194) Effective January 1, 2012.)
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