12-14-15 Agenda, Packet & Committee Meeting Notice

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Bill No. ORDINANCE NO. 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