HomeMy WebLinkAbout2017-18 - 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.
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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
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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)