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CC_Minutes_2013_0819
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CC_Minutes_2013_0819
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9/9/2013 10:12:48 AM
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Roseville City Council
Document Type
Council Minutes
Meeting Date
8/19/2013
Meeting Type
Regular
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Regular City Council Meeting <br /> Monday,August 19,2013 <br /> Page 16 <br /> aside for that program with the remainder proposed for additional overtime for <br /> court appearances and/or training. Councilmember McGehee questioned why it <br /> was not possible to use some of the donated or forfeited vehicle funds to the de- <br /> partment for overtime purposes, rather than putting those items on the levy. Mr. <br /> Trudgeon clarified that donations were typically specific to particular items and <br /> not available to earmark for those suggestions at this time. Mr. Trudgeon opined <br /> that there may also be restrictions on forfeiture funds; and was typically calculat- <br /> ed as a line item in revenue. <br /> Mr. Miller suggested that Police Chief Mathwig repeat his previous presentation <br /> regarding that specific information, typically given annually over the last few <br /> years as requested by previous City Councils to provide a summary of forfeiture <br /> purchases. <br /> Police Chief Rick Mathwig <br /> Since he was in the audience tonight, Chief Mathwig advised that each February <br /> or March annually, with 2013 having been the second presentation after being re- <br /> quested by the City Council, a report was provided summarizing the supplement <br /> of law enforcement services paid by forfeiture funds. Chief Mathwig advised that <br /> allotment of approximately 90% of those funds are determined through State <br /> Statute, often based on federal sharing; and having different statutes that cover <br /> different forfeitures, but typically earmarked by the legislature to be used for sup- <br /> plemental law enforcement services. Chief Mathwig advised that the key word <br /> was "supplemental;" with that definition not including regular overtime, an ex- <br /> tremely common situation with any 24/7 public safety operation. Chief Mathwig <br /> noted that, for many officers, their off-duty time is during their court appearance, <br /> and not covered by the term "supplemental." <br /> In response to Councilmember McGehee's request for a definition of "supple- <br /> mental," Chief Mathwig advised that such a definition was not readily available, <br /> since the civil law enforcement required due process, including resolution through <br /> the court as a common occurrence. Chief Mathwig provided several sample sce- <br /> narios for simple theft or speed citations and request for a court trial, subsequent <br /> continuances or other issues; but still requiring the continued appearance of an of- <br /> ficer, typically at a minimum of 3 hours at $51.00 payable to the officer; with the <br /> City only able to receive reimbursement of$20.00 of a typical $120 fine, in addi- <br /> tion to rescheduling coverage for that time. Since this due process is a basic <br /> foundation of the U. S. Constitution, Chief Mathwig advised that it was not con- <br /> sidered or categorized as "supplemental." <br /> From his perspective, City Attorney Gaughan advised that a responsible and rea- <br /> sonable view of the definition of "supplemental" would not include overtime <br /> wages that were part of the primary functions of an officer normally available for <br /> those hours or include that type of expenditure. At the request of Councilmember <br /> McGehee, City Attorney Gaughan advised that it may include equipment not typ- <br />
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