HomeMy WebLinkAboutR-88-59 A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR THE EMPLOYMENT OF A
PART-TIME POLICE LEGAL ADVISER; PROVIDING AN
APPROPRIATION FROM THE LAW ENFORCEMENT TRUST FUND IN AN
AMOUNT NOT TO EXCEED FIFTEEN THOUSAND DOLLARS
($15,000.00); PROVIDING THAT ANY SUCH EXPENDITURES MUST
BE MADE PRIOR TO SEPTEMBER 30, 1989, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Florida Contraband Forfeiture Act, codified at
Sections 932.701 through 932.704, Florida Statutes (1987),
provides that any personal property which has been or is actually
employed as an instrumentality in the commission of, or in aiding
or abetting in the commission of, any felony may be forfeited for
the use and benefit of the State or its political subdivisions;
and
WHEREAS, the Act provides that any such forfeited property
may be retained for use by the seizing agency or sold; and
WHEREAS, in the event of sale, the proceeds of such sale
must be deposited in a law enforcement trust fund established by
the City Council; and
WHEREAS, the City Council of the City of Sebastian has
created such Trust Fund; and
WHEREAS, the Act requires that funds maintained in the Law
Enforcement Trust Fund may be expended only upon request of the
Chief of Police; and
WHEREAS, funds maintained in the Law Enforcement Trust Fund
may be expended only for certain purposes including the defraying
of the costs of protracted or complex investigations, the
provision of technical equipment or expertise, crime prevention
or other such law enforcement purposes as the City Council may
deem appropriate and shall not be utilized as a source of revenue
to meet normal operating needs of the Police Department; and
WHEREAS, a police legal adviser is recognized as being an
attorney licensed to practice law in the State of Florida with a
special expertise in the area of police operations; and
WHEREAS, a police legal adviser can provide technical
expertise in protracted and complex investigations which can
significantly enhance the results of such investigations; and
WHEREAS, a police legal adviser can directly assist law
enforcement field personnel by providing them timely advice in
the areas of search and seizure, interviews and interrogations,
and probable cause for arrest; and
WHEREAS, a police legal adviser can provide instruction to
law enforcement personnel in the proper methods of case
preparation, witness interviewing, courtroom demeanor, and
testifying which will improve the rate of conviction; and
WHEREAS, the City of Sebastian has never funded the services
of a police legal adviser
Police Department; and
WHEREAS, the City
as a normal operating need of the
of Sebastian does hereby find that the
services of a police legal adviser may substantially assist in
the delivery of quality police services to its residents; and
WHEREAS, the Chief of Police has requested that the City
permit the expenditure of funds from the Law Enforcement Trust
Fund for the employing of a part-time police legal adviser.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION 1. The City Manager, upon written request of the
Chief of Police, is hereby authorized to expend funds from the
Law Enforcement Trust Fund in an amount not to exceed Fifteen
Thousand Dollars ($15,000.00) for the purposes of employing a
part-time police legal adviser. The authority to expend such
funds shall, unless subsequently provided, terminate on September
30, 1989.
SECTION 2.
Attorney shall
The
perform
separate and apart from their regularly
responsibilities. The City Attorney shall
Manager, on a monthly basis, a detailed
City Attorney and the Assistant City
the services of police legal adviser,
assigned duties and
forward to the City
explanation of any
services performed of direct benefit to the Police Department for
which funds are to be expended from the Law Enforcement Trust
Fund.
SECTION 3. This Resolution shall take effect immediately
upon its adoption.
This Resolution was duly passed and adopted by the City
Council of the city of Sebastian, Indian River County, Florida,
at its regular meeting held on the ~ day of ~/~/~.,
1988.
ATTEST:
CITY OF SEBASTIAN, FLORIDA
Richard B. Votapka, Mayor
Kathr~n M. O'Hailoran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Inn Nash, City Attorney
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