Agenda Date: 10/21/2014
Subject:
Title
Ordinance on second reading amending title 6, chapter 11, section 5 of the city code, pertaining to disbursement of funds from the Littleton Victim Assistance and Law Enforcement Program
Body
Presented By: |
Doug Stephens, Chief of Police |
POLICY QUESTION:
Does city council support an amendment to title 6, chapter 11, section 5 of the city code, pertaining to disbursement of funds from the Littleton Victim Assistance and Law Enforcement Program?
BACKGROUND:
In 2004, chapter 11 of the city code was adopted to establish a 10% surcharge on every fine and supervision fee imposed for a violation of the code resulting in a conviction, deferred prosecution, deferred judgment and sentence, or a plea of guilty or nolo contendere. In addition, a special fund, known as the Littleton Victim Assistance and Law Enforcement Fund, was created. All revenues generated as a result of the surcharge have been deposited into the fund and used to assist victims and witnesses, compensate victims of crime and fund the victim assistance program in the police department. For example, in 2013 the fund disbursed $4,591to victims of crime occurring in the city, the police department maintained one full-time victim advocate and several staff members received specialized training on victims' rights.
Chapter 11 of the city code, section 5, Disbursement of Funds, provides specific guidelines as follows:
· Subsection (A) specifies that no more than seventy five percent (75%) nor less than seventy percent (70%) of the monies can be used to fund the victim and witness assistance program.
· Subsection (B) specifies that no more than twenty five percent (25%) nor less than (20%) of the monies can be used to compensate victims and witnesses of compensable crimes.
· Subsection (C) specifies that no more than five percent (5%) nor less than three percent (3%) of the monies can be used by the police department for training of employees and volunteers concerning victim assistance matters.
Finally, the revenues generated in 2004 were not used to fund the salary of the full-time victim advocate. This created a surplus in the fund which remains in part today. The surplus has been used to offset expenditures when revenues have decreased and, vice versa, when revenues exceed expenditures the surplus is replenished.
STAFF ANALYSIS:
Staff believes it is a vital function of the police department to continue providing assistance to victims of, and witnesses to, crime occurring in the city. However, title 6, chapter 11, section 5 restricts staff's ability to manage and utilize the funds as necessary. The fund revenues fluctuate from year-to-year but the salary and benefits of the victim advocate continue to increase approximately 5% annually. Staff believes the fluctuation in revenues compared to expenditures can be managed appropriately by city staff without specific guidelines set forth in the code.
FISCAL IMPACTS:
Staff does not believe the change in the ordinance will have any financial impact on victim reimbursement, training or the victim advocate.
STAFF RECOMMENDATION:
Staff recommends the amendment to title 6, chapter 11, section 5 of the city code, pertaining to disbursement of funds from the Littleton Victim Assistance and Law Enforcement Program, be approved.
PROPOSED MOTION:
Proposed Motion
I move to approve the ordinance amending title 6, chapter 1, section 5 of the city code, pertaining to disbursement of funds from the Littleton Victim Assistance and Law Enforcement Program, on second reading.