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Regular City Council Meeting Monday,August 19,2013 Page 16 aside for that program with the remainder proposed for additional overtime for court appearances and/or training. Councilmember McGehee questioned why it was not possible to use some of the donated or forfeited vehicle funds to the de- partment for overtime purposes, rather than putting those items on the levy. Mr. Trudgeon clarified that donations were typically specific to particular items and not available to earmark for those suggestions at this time. Mr. Trudgeon opined that there may also be restrictions on forfeiture funds; and was typically calculat- ed as a line item in revenue. Mr. Miller suggested that Police Chief Mathwig repeat his previous presentation regarding that specific information, typically given annually over the last few years as requested by previous City Councils to provide a summary of forfeiture purchases. Police Chief Rick Mathwig Since he was in the audience tonight, Chief Mathwig advised that each February or March annually, with 2013 having been the second presentation after being re- quested by the City Council, a report was provided summarizing the supplement of law enforcement services paid by forfeiture funds. Chief Mathwig advised that allotment of approximately 90% of those funds are determined through State Statute, often based on federal sharing; and having different statutes that cover different forfeitures, but typically earmarked by the legislature to be used for sup- plemental law enforcement services. Chief Mathwig advised that the key word was "supplemental;" with that definition not including regular overtime, an ex- tremely common situation with any 24/7 public safety operation. Chief Mathwig noted that, for many officers, their off-duty time is during their court appearance, and not covered by the term "supplemental." In response to Councilmember McGehee's request for a definition of "supple- mental," Chief Mathwig advised that such a definition was not readily available, since the civil law enforcement required due process, including resolution through the court as a common occurrence. Chief Mathwig provided several sample sce- narios for simple theft or speed citations and request for a court trial, subsequent continuances or other issues; but still requiring the continued appearance of an of- ficer, typically at a minimum of 3 hours at $51.00 payable to the officer; with the City only able to receive reimbursement of$20.00 of a typical $120 fine, in addi- tion to rescheduling coverage for that time. Since this due process is a basic foundation of the U. S. Constitution, Chief Mathwig advised that it was not con- sidered or categorized as "supplemental." From his perspective, City Attorney Gaughan advised that a responsible and rea- sonable view of the definition of "supplemental" would not include overtime wages that were part of the primary functions of an officer normally available for those hours or include that type of expenditure. At the request of Councilmember McGehee, City Attorney Gaughan advised that it may include equipment not typ-