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Home My WebLink About2017-18 - Amending City Council Policy F-10 Related to Civil Asset Forfeiture and SeizureRESOLUTION NO. 2017-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING CITY COUNCIL POLICY F-10 RELATED TO CIVIL ASSET FORFEITURE AND SEIZURE WHEREAS, the City of Newport Beach (City) is a diverse community committed to the protection of all people and property under Federal, State, and Local law; WHEREAS, the Fifth Amendment to the United States Constitution provides that no person shall be "deprived of life, liberty, or property, without due process of law;" WHEREAS, the City understands the need to limit and control the use of civil asset forfeiture to avoid abuses, or even the appearance of abuses, that have occurred in other cities throughout the state and nation; WHEREAS, the City is committed to strictly following the law and providing persons with the protections afforded by the Fifth Amendment; and WHEREAS, the City desires to amend City Council Policy F-10 (Civil Asset Forfeiture and Seizure Policy) to further strengthen the protections provided to persons and their property. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council of the City of Newport Beach hereby adopts the amended City Council Policy F-10 (Civil Asset Forfeiture and Seizure Policy), which is attached hereto and incorporated herein by this reference. Section 2: The City Council finds the adoption of this resolution and City Council Policy F-10 (Civil Asset Forfeiture and Seizure Policy) is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Resolution No. 2017-18 Page 2 of 2 Section 4: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 14th day of March, 2017. Kevin Muldoon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney Attachment: City Council Policy F-10 as Amended ATTACHM ENT A F-10 CIVIL ASSET FORFEITURE AND SEIZURE POLICY A. This policy applies to all forfeited or seized assets in the City of Newport Beach in the form of currency, real estate, automobiles, boats, aircraft, or any other items of value ("Forfeited Assets"). B. The use of civil asset forfeitures and seizures of items and funds is regulated by all applicable Federal and State laws. At a minimum, the use of Forfeited Assets shall comply with all applicable Federal, state, and local laws, rules, and regulations. Furthermore, any Forfeited Assets converted for Police Department use shall supplement, not supplant, existing departmental equipment and funds. C. The use of Forfeited Assets shall be for law enforcement purposes only. D. All Forfeited Assets shall be maintained in an Asset Forfeiture Account specifically designed for that purpose. E. All funds derived from the sale of any Forfeited Assets shall be placed in the Asset Forfeiture Account. F. The City of Newport Beach recognizes the taking of property due to alleged criminal wrongdoing is entitled to the same legal protection as the taking of a person into custody for alleged criminal wrongdoing. The Fifth Amendment to the United States Constitution requires due process of law before a person be deprived of "life, liberty, or property." G. The City of Newport Beach also recognizes that the California Legislature passed new legislation, which starting January 1, 2017, effectively requires a conviction prior to forfeiture in any state case where the items seized are cash under $40,000 or other property such as homes and vehicles regardless of value. 1 ATTACHMENT A H. The City of Newport Beach will not accept any Forfeited Assets — no matter the value or type — unless due process has been afforded and unless all applicable Federal, state, and local laws, rules, and regulations have been followed. I. All expenditures of funds derived from Forfeited Assets shall be processed through the City of Newport Beach's normal budgeting procedures and shall be subject to normal auditing and accounting reviews. J. The Newport Beach Police Department shall ensure that persons from whom the Department seizes assets are provided with appropriate documents that explain a person's ability to dispute the seizure. K. The Newport Beach Police Department shall comply with this City Council Policy F-10 by adopting an appropriate Asset Forfeiture Policy within its internal policy manual. L. The Chief of Police shall report to the City Manager quarterly on the status and use of all Forfeited Assets. The City Manager shall report to the City Council at least annually on the status, use, and disposition of all Forfeited Assets. Adopted — January 11, 1993 Amended — January 24, 1994 Amended —March 14, 2017 Formerly F-27 2 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2017-18 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 141h day of March, 2017, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Kevin Muldoon NAYS: None ABSENT: Mayor Pro Tem Duffy Duffield IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 151h day of March, 2017. PMA, J. bm- Leilani I. Brown, MMC City Clerk Newport Beach, California (Seal)