§ 35.01. UNDERCOVER OPERATIONS FUND.

(A)Establishment. There is hereby established a special fund to be known as the Undercover Operations Fund.

(B)Fund ceiling. The Undercover Operations Fund shall have a maximum ceiling of $10,000. All sums in excess of the amount deposited into the Undercover Operations Fund from the sources set out in division (1) below, shall immediately be paid over to the Tontitown General Fund.

(1)Contributions to Fund. Contributions to the Undercover Operations Fund may come from any source not prohibited by city ordinance or state or federal law, including, but not limited to the following donations from private individuals or organizations; court ordered restitution in criminal cases; court ordered forfeitures in criminal cases; and any federal or state funds available for such operations consistent with the purposes of the Undercover Operations Fund.

(2)Purpose of fund. The Undercover Operations Fund will be used for the purpose of conducting undercover law enforcement activities, including primarily, but not limited to, the investigation of illegal drug trafficking and the investigation of theft schemes and other such crimes.

(C)Use of funds. The money in the Undercover Operations Fund, when used for the purposes set out in division (B) above, may be spent on the following types of items:

(1) Flash money;

(2) Purchases of controlled substances, stolen property, contraband or information related to any criminal activity; and

(3) Other similar and necessary items such as surveillance equipment and maintenance thereof.

(D)Operating guideline. The following shall constitute the general operating guidelines of the Undercover Operations Fund:

(1) Responsibility for the Fund’s integrity shall rest with the Police Chief of the Tontitown Police Department, who shall administer the Fund in accordance with generally accepted accounting principles.

(2) At the conclusion of a criminal case in which monies from the Undercover Operations Fund are used, a line item expenditure report shall be made available for inspection by the City Council. The decision as to when a criminal case is conducted will be made by the City Prosecutor or, in appropriate instances, the Prosecuting Attorney for Washington County, after consulting with the Police Chief.

(Ord. 2014-01-456, passed 1-7-14)

Cross reference:

Department of Public Safety, see § 31.05