City Council Workshop

10801 Town Square Dr. City of Blaine Blaine MN 55449 Anoka County, Minnesota Minutes - Final City Council Workshop *While this is a public meeting where interested persons are welcome to attend, it is a work session for Council and staff to discuss issues before them. It is not for the purpose of receiving public input. Thursday, July 11, 2013 6:30 PM Cloverleaf Farm Room A Meeting Number 13-33 NOTICE OF WORKSHOP MEETING The meeting was called to order by President Pro Tem Hovland at 6:30 p.m. Quorum Present. ALSO PRESENT: Clark Arneson, City Manager; Patrick Sweeney, City Attorney; Bryan Schafer, Planning Director; Joe Huss, Finance Director; Bob Therres, Public Services Manager; Chris Olson, Safety Services Manager/Police Chief; Dan Pelkey, Police Lieutenant; Roark Haver, Communications Technician; Catherine Ekstrand, Deputy City Clerk; and Recording Secretary Linda Dahlquist. Present: 6 - Councilmember Clark, Councilmember Kolb, Councilmember Bourke, Councilmember Herbst, Councilmember Hovland, and Councilmember Swanson Absent: 1 - Mayor Ryan 1. WS 13-42 FORFEITURE PROCESS Sponsors: Safety Services Manager / Police Chief Olson Police Lieutenant Pelkey gave an overview of the forfeiture process, which is to remove the tools of crime from criminal organizations, deprive wrongdoers of the proceeds of their crimes, recover property that may be used to compensate victims, and deters crime. He stated federal law, state statutes, case law and court rulings, prosecutorial guidelines, other law enforcement agency’s rules, and Blaine Police Department policy all govern the actions of the officers and the Department as to when, how, why and what type of property may be forfeited. He stated federal law authorizes the Attorney General to share federally forfeited property with participating state and local agencies through the U.S. Department of Justice Equitable Sharing Guide. He stated forfeiture funds can be used by law enforcement items, but not salaries or extravagant purchases. He noted only civil cases allow forfeitures, not criminal cases. He noted the police department has to be aware of all courts’ City of Blaine Page 1 City Council Workshop Minutes - Final July 11, 2013 rulings on forfeitures. Police Lieutenant Pelkey gave an overview of the department’s forfeiture policy. He noted there are three types of forfeiture processes: administrative, judicial and summary. · Administrative forfeiture is for DWI, test refusal offenses, and controlled substances. · Judicial forfeiture is a designated offense for forfeiture of property is for felony violation, felony level attempt, conspiracy to violate several laws, or weapons used. · Summary forfeiture is for contraband property (drugs, firearms). Police Lieutenant Pelkey noted that not every crime allows forfeiture of property, not all seizures result in the property being forfeited and not all forfeiture proceedings result in the disposition of the property being turned over to a law enforcement agency. He stated any use of the property itself or the case proceeds, must supplement, and not supplant, a law enforcement agency’s budget (used for in-car squad cameras, DWI enforcement/education, MADD). He noted that reports are made to the county, monthly to the state and annually to the federal government. Councilmember Swanson asked what happens when a vehicle is not owned by the driver or there is a lean against the vehicle. Police Lieutenant Pelkey replied the owner has to prove they did not know that the person using the vehicle was a risk. Councilmember Clark asked for the degrees of DWI/DUI: Police Lieutenant Pelkey replied fourth degree is a misdemeanor, third degree person has a previous charge, second degree the person has two previous charges, and first degree the person has more than three charges. Also, child endangerment will bump an offense up. Councilmember Bourke asked who sees the state and federal forfeitures. Police Lieutenant Pelkey replied a Federal Magistrate. Councilmember Clark asked if the City has any discretion on when property is taken or not. Chief Olson replied the Department follows specific procedures. Police Lieutenant Pelkey noted that if a judge gives the property back, the person does not pay any fees; the Police Department pays all fees. Mayor Pro Tem Hovland asked if the laws are mandatory. Police Lieutenant Pelkey replied no, it is not mandatory. He noted that forfeitures may or may not have any value. City of Blaine Page 2 City Council Workshop Minutes - Final July 11, 2013 Police Lieutenant Pelkey stated the state does not mandate forfeiture, but it does allow forfeiture. He noted that Blaine’s policy for forfeiture is mandatory. Discussed ADJOURN The Workshop adjourned at 7:15 p.m. City of Blaine Page 3