ORDINANCE NO. _____
AN ORDINANCE AUTHORIZING THE MUSCOGEE COUNTY MARSHAL'S OFFICE TO HAVE A
FORFEITURE ACCOUNT (DRUG SEIZURE ACCOUNT), WHEREAS DESIGNATING MONEY AND
CURRENCY FORFEITED UNDER THE GEORGIA CONTROLLED SUBSTANCE ACT FOR JOINT
ADMINISTRATION AND USE BY THE MARSHAL OF MUSCOGEE COUNTY FOR NON-BUDGETING DRUG
INVESTIGATIVE COSTS; ESTABLISHING A PROCEDURE FOR RELEASE OF SUCH FUNDS FROM
THE COUNTY TREASURY TO AN ACCOUNT DESIGNATED FOR SUCH USE; SPECIFYING LIMITS TO
THE ACCOUNT ESTABLISHED FOR SUCH USE AND THAT THE FUNDS DESIGNATED TO THE
ACCOUNT BE DERIVED ONLY FROM CASES INVOLVING MEMBERS OF THE MUSCOGEE COUNTY
MARSHAL'S OFFICE; AND FOR OTHER PURPOSES.
THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY ORDAINS:
SECTION 1.
(a) Money and currency which is forfeited under the Georgia Controlled
Substances Act (including money and currency from forfeited and condemned
property), which vests in and which is paid into the county treasury as county
funds shall be released from the county treasury and shall be jointly
administered by the Muscogee County Marshal designated for use by the members
of his respective agency.
(b) The amount so released, administered and designated shall be placed in a
separate account which shall not exceed $100,000.00 at any one time;
(c) All money and currency in said account shall be derived from cases
involving members of the Municipal Court Marshal's Office or in conjunction
with the Columbus Police Department, Muscogee County Sheriff's Office, or Metro
Narcotics Task Force with joint cooperation while investigating cases
collectively;
(d) No provision contained herein shall affect any accounts previously
established pursuant to Ordinance No. 98-22 or Ordinance No. 89-48 and the
provisions of Ordinance No. 98-22 and Ordinance No. 89-48 shall remain in full
force and effect;
(e) The money and currency contained in the account shall be used to defray
non-budgeted narcotic investigative costs as permitted under O.C.G.A. Section
16-13-49, and these funds shall supplement any funds budgeted for such purposes.
(f) All forfeited money made available to the Marshal shall be deposited in the
Forfeiture Fund, which is hereby established for the exclusive uses provided
herein. The Forfeiture Fund shall be maintained by the Finance Director as
special revenue funds in a manner which conforms to all applicable state and
federal laws or regulations governing forfeitures, and to all laws and
regulations governing the accounting and use of public funds.
(g) The money contained in the Fund established herein shall be used for
unbudgeted operating expenditure of the Municipal Court Marshal, but in no
event shall forfeited money be used for personnel expenses or for any purpose
prohibited by state or federal law or to supplant funds which otherwise would
be made available to the Municipal Court Marshal through the annual budget.
(h) Notwithstanding any other provision to the contrary, the money contained in
the Fund established herein may be used as matching funds for grants if
permitted by the state or federal laws under which the forfeiture is obtained.
SECTION 2.
All ordinances and parts of ordinances in conflict with this ordinance are
hereby repealed.
___________
Introduced at a regular meeting of the Council of Columbus, Georgia held on the
26th day of February, 2013; introduced a second time at a regular meeting of
said Council held on the ____ day of March, 2013 and adopted at said meeting by
the affirmative vote of _____ members of Council.
Councilor Allen voting____________.
Councilor Baker voting____________.
Councilor Barnes voting___________.
Councilor Davis voting____________.
Councilor Henderson voting________.
Councilor Huff voting_____________.
Councilor McDaniel voting_________.
Councilor Pugh voting ____________.
Councilor Thomas voting __________.
Councilor Woodson voting__________.
_____________________________ ____________________________
TINY B. WASHINGTON, CLERK TERESA PIKE TOMLINSON, MAYOR
Attachments
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