HomeMy WebLinkAboutEstablishing a Police Aid Program and FundORDINANCE No. 10415-16
Passed by the Common Council of the City of South Bend, Indiana
January 11, 20 16
Attest:
Attest:
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
January 11, 20 16
City Clerk
Approved and signed by me �2� ,i 3 20 /e_
Bill No.
ORDINANCE NO. 1 Q415 - � U
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, ESTABLISHING A POLICE AID PROGRAM AND FUND
STATEMENT OF PURPOSE AND INTENT
Throughout the United States and in cities and towns within the State of Indiana, it has
been effective in the prevention and detection of crime for law enforcement agents to engage
from time to time in undercover activities, often with knowledgeable informants, particularly in
drug trafficking and controlled substance type crimes. To enable this process, it is necessary to
fund undercover operations, to pay for expenses of informants, and to pay miscellaneous
expenses to obtain and secure evidence, including contraband, and ensure its security, among
other things.
To accomplish these purposes a special fund is required which will be subject to internal
accounting and audit rules. However, in the interest of officer protection, the specific
applications and uses of such a fund must be and remain confidential.
Under Indiana law, a city has the power to implement a program for this purpose under
the broad scope of home rule, Indiana Code Section 36 -1 -3, and such a program is in the best
interest of the safety and security of South Bend, its citizens, and its law enforcement officers.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. Pursuant to Ind. Code 36 -1 -3, a Police Aid Program is hereby established
for the City of South Bend, Indiana to assist the South Bend Police Department in undercover
law enforcement activities, the services of informants, the procurement and safeguarding of
evidence including contraband, and any and all other similar activities for which such programs
are generally established.
SECTION II. To support and fund the South Bend Police Aid Program, a confidential
petty cash type fund is established which shall be governed by the procedures set forth in Ind.
Code Section 36- 1 -8 -3, and which shall further require minimum documentation similar to either
"Guidelines for the Expenditure of Confidential Funds," published by the United States
Department of Criminal Justice or the "Guidelines for Obtaining and Accounting For
Confidential Funds Used in Support of Criminal Investigations," (Revised S.O.P. INV -009), by
the Indiana State Police.
SECTION III. The South Bend Chief of Police is hereby designated to establish the
specific policies and procedures affecting the Police Aid Fund according to the terms and
conditions of Section II herein, subject to final review and approval by the South Bend Board of
Public Safety. The South Bend Chief of Police shall further assure that the Police Aid Fund
follows its established policies and procedures.
SECTION IV. The Police Aid Fund shall be derived through a line item from the
general fund in the Police Department budget identified and appropriated by the Common
Council of the City of South Bend, the City's fiscal body, which such appropriation was made in
the 2016 Budget for the City of South Bend.
SECTION V. This ordinance shall be in full force and effect after its passage by the
Common Council and approval by the Mayor.
Member, u en Common Council
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Presented by me to the Mayor of the City of South Bend, Indiana on the _= day
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City Clerk
Approved and signed by me on the I S day of
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1st READING
PUBLIC HEARING 1-11- I
3,J READING i - 11 " 14
NOT APPROVO.
REFERRED
PASSED I _1I, I U
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Mayor, Ci outh diana
-9 7.115
120ON COUNTY -CITY BUILDING
227W. JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601 -1830
PHONE 574.235.9216
FAx 574.235.9928
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
December 9, 2015
Mr. Tim Scott, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 4th Floor
South Bend, Indiana 46601
RE: Police Aid Program and Fund
Dear President Scott,
The attached ordinance establishes a Police Aid Program and Fund for the City of South
Bend. During the audit of the City's fiscal year ending December 31, 2014, the State
Board of Accounts noted that the City did not have a formal ordinance on file. This is a
similar comment that they noted for many of their other municipal clients.
A representative of the South Bend Police Department will present this bill to the
Common Council at the appropriate committee and council meetings. It is requested that
this bill be filed for 1St reading on December 14, 2015 with 2nd reading, public hearing
and 3rd reading scheduled for the first full Common Council meeting in January 2016.
Thank you for your attention to this request. If you should have any questions, please feel
to contact me at 574- 235 -7678.
Regards,
o H. Murphy
v y Controller
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