HomeMy WebLinkAboutResolutions - 2017.03.30 - 22844MISCELLANEOUS RESOLUTION #17060 March 15, 2017
BY: Commissioner Bill Dwyer, Chairperson, Public Services Committee
IN RE: SHERIFF'S OFFICE-USE OF FORFEITED FUNDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Section 333.7524 of Public Act 368 of 1978 authorizes courts to distribute property and funds
forfeited through narcotic seizures to participating agencies to be utilized toward the enhancement of law
enforcement efforts related to the Controlled Substances Act; and
WHEREAS the Sheriff's Office has received $804,790.55 in forfeiture funds (balance as of 12/31/2016)
as a result of Sheriff's Office forfeiture efforts; and
WHEREAS these funds were distributed to the Sheriffs Office by the Court or by agreement between the
parties involved;
WHEREAS the Sheriff is requesting that a portion of these funds be used to pay for equipment, training
and one (1) PTNE Deputy for the Narcotics Enforcement Team (NET); and
WHEREAS this equipment will be used by the Sheriff's Office to enhance law enforcement efforts in
compliance with state law; and
WHEREAS the PINE Deputy will be used to follow up on investigative paperwork so the full time
Deputies/Police Officers in the NET unit can concentrate on their duties to enforce the Narcotics laws;
and
WHEREAS the estimated expenses are $402,986, per the attached Schedule A.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
use of $402,986 from the Sheriff's Office Law Enforcement Enhancement Account (#21341) to purchase
the attached list of equipment and SWAT Training.
BE IT FURTHER RESOLVED that one (1) GF/GP PTNE 1,000 hour Court/Parks Deputy II position be
created Sheriff's Office, Investigative Services Division, NET Unit (4030920).
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
Commissioner Bill Dwyer, District #14
Chairperson, Public Services Committee
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote.
2017 Forfeiture Request
Sheriff's Office
Schedule A
PTNE Court/Parks Deputy II for NET
SWAT Training
Long Range Acoustical Device (LRAD)
Replacement for DARE Vehicle
Motorcycle Replacement
$22,986
$15,000
$40,000
$25,000
$300,000
$402,986
Resolution #17060 March 15, 2017
The Chairperson referred the resolution to the Human Resources Committee and the Finance
Committee, There were no objections.
Transfer In
Planned Use of Balance
Total Revenue
Salaries
Fringe Benefit Adjustment
Capital Equipment
Other Expendable Equip
Vehicles
Officer Training
Tptal lExpenditur,
$380,000 $ 0 $ 0
$ 22,986 23,446 23,680
$402,986 $ 23,446 $ 23,680
$21,657
1,329
40,000
25,000
300,000
15 000
$402,986
$ 22,091
1,355
0
0
0
0
$ 23,446
$22,312
1,368
0
0
0
0
$ 23,680
FISCAL NOTE (MISC. #17060) March 30, 2017
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: SHERIFF'S OFFICE — USE OF FORFEITED FUNDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. Resolution authorizes funding from the Sheriff's Office Law Enforcement Enhancement Restricted
Fund (#21341) to the Sheriff's Office General Fund to pay for the purchase of equipment, training
and the addition of one General Fund/General Purpose (GF/GP) 1,000 hour Part-Time Non-
Eligible (PTNE) Deputy position.
2. Funding is available in the Sheriff's Office Law Enforcement Enhancement Fund (#21341),
$805,592.83 (balance as of 02/21/2017).
3. The Sheriff requests use of these funds to enhance drug law enforcement per MCL 333.7524 of
Public Act 368 of 1978.
4. The estimated funding of $402,986 will be allocated as follows: $300,000 for the replacement of
twenty (20) motorcycles, $25,000 for the replacement of the DARE vehicle, $15,000 for SWAT
Training, $40,000 for the purchase of a Long Range Acoustical Device (LRAD), and $22,986 for
the creation of one (1) OF/OP PTNE Court/Park Deputy for the Narcotics Enforcement Team
(NET). This new position, equipment and training will be used by the Sheriff's Office to enhance
law enforcement efforts in compliance with State law.
5. The position will be funded by transfers from the Sheriff's Office Law Enforcement Enhancement
Fund #21341; a project has been established to capture the cost of this position - Project
Business Unit: SHERF, Project ID: LE_FORFEIT, Activity: FORFEIT. A quarterly forecast
amendment will be made to transfer funding to cover the actual position cost charged to the
project.
6. The Fiscal Year 2017-2019 budget is amended as follows:
FY 2017 FY 2018 FY 2019
LAW ENFORCEMENT ENHANCEMENT FUND #21341
Revenue
4030101-116270-665882 Planned Use of Balance $380,000
Total Revenue $380,000
Expenditures
4030101-116270-788001-10100
GENERAL FUND #10100
Revenue
4030901-110090-695500-21341
9010101-196030-665882
Expenditures
4030901-110090-702010
4030901-110090-722900
403090 1-1 10090-760157
403090 1-1 10090-750170
403090 1-1 10090-760188
4030901-110090-731304
Transfer Out $380,000
Total Expenditures $380,000
Commissioner Thomas Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried on a roll call vote with Woodward voting no Long and Bowman absent.
Resolution #17060 March 30, 2017
Moved by Dwyer supported by Taub the resolution (with fiscal note attached) was adopted.
Moved by Dwyer supported by Gershenson the Human Resources Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Discussion followed.
Moved by Woodward supported by Gershenson the resolution be amended as follows:
BY: David Woodward, District #19
IN RE: MR #17060 — SHERIFF'S OFFICE — USE OF FORFEITED FUNDS
The Board of Commissioners to amend the Miscellaneous Resolution by adding:
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners shall create an
Oakland County Asset Forfeiture Policy Subcommittee to review, evaluate, and propose a
countywide asset forfeiture policy to the full Oakland County Board of Commissioners within
90 days.
BE IT FURTHER RESOLVED that the Chairman of the Board shall appoint three (3) members to
serve on the Oakland County Asset Forfeiture Policy Subcommittee consisting of two (2)
members of the Majority Caucus and one (1) member from the Minority Caucus.
Discussion followed.
Vice-Chairperson Tom Middleton addressed the Board to call a brief recess.
Vice-Chairperson Tom Middleton addressed the Board to reconvene.
Discussion followed.
As a point of order, Vice-Chairperson Tom Middleton addressed the Board to Rule the Amendment was
not Germane.
Commissioner Woodward objected to Vice-Chairperson Tom Middleton's Ruling of the Amendment not
being Germane.
Vote on objection:
AYES: Jackson, McGillivray, Woodward, Zack, Bowman, Gershenson, (6)
NAYS: Kochenderfer, Kowall, Long, Middleton, Taub, Tietz, Weipert, Berman, Crawford, Dwyer,
Fleming, Hoffman. (12)
A sufficient majority having not voted in favor, the objection to Vice-Chairperson Tom Middleton's Ruling
failed.
Discussion followed.
Moved by Tietz supported by Fleming to call the question and vote on the resolution as it stands.
AYES: Kochenderfer, Kowall, Long, McGillivray, Middleton, Taub, Tietz, Weipert, Berman, Crawford,
Dwyer, Fleming. (12)
NAYS: Woodward, Zack, Bowman, Gershenson, Hoffman, Jackson. (6)
A sufficient majority having voted in favor, the resolution, as it stands, was before the Board.
Discussion followed.
Vice-Chairperson Tom Middleton addressed the Board to call a brief recess.
Vice-Chairperson Tom Middleton addressed the Board to reconvene.
Discussion followed.
Moved by Middleton supported by Tietz to reconsider Miscellaneous Resolution #17060 — Sheriff's Office
— Use of Forfeited Funds.
AYES: KowaII, Long, McGillivray, Middleton, Taub, Tietz, Weipert, Woodward, Zack, Berman,
Bowman, Dwyer, Fleming, Gershenson, Hoffman, Jackson, Kochenderfer. (17)
NAYS: Crawford. (1)
A sufficient majority having voted in favor, the resolution was before the Board for reconsideration,
Discussion followed.
Vote on resolution as is:
AYES: Long, McGillivray, Middleton, Taub, Tietz, Weipert, Berman, Crawford, Dwyer, Fleming,
Hoffman, Kochenderfer, KowaII. (13)
NAYS: Woodward, Zack, Bowman, Gershenson, Jackson. (5)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
0 HEREBY APPROVE TAM RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45,559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on March 30,
2017, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 30th day of March, 2017.
Lisa Brown, Oakland County