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Res 97-242 RESOLUTION NO. 97-242 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AUTHORIZING THE CITY MANAGER OR THE MANAGER'S DESIGNEE TO ESTABLISH A CONTROLLED SUBSTANCE BUY ACCOUNT AND AN INVESTIGATIVE BUY ACCOUNT FOR THE PUBLIC SAFETY DEPARTMENT TO HAVE IMMEDIATE ACCESS TO CASH FOR INVESTIGATIVE PURPOSES. WHEREAS, the Public Safety Department has a need for immediate access to cash funds for confidential, investigative purposes; and WHEREAS, there is a necessity for cash to purchase controlled substances during narcotics investigations, vice operations, or other investigations and to purchase evidence or to otherwise gather investigative information from informants and follow-up investigations that may involve travel expenses; and WHEREAS, there exists Resolution No. 90-13 authorizing the City Manager or the Manager's designee to establish and maintain necessary petty cash funds not to exceed $500.00; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1 Creation of Accounts. The City Manager or the Manager's designee is authorized to establish a Controlled Substance Buy Account and an Investigative Buy Account to be maintained by the Department of Public Safety subject to the following conditions: Res. #97-242, Page 1 ,.,. A. Controlled Substance Buv Account. The Controlled Substance Buy Account shall not exceed Twenty Thousand and no/100 Dollars ($20,000.00), except in the case of an emergency, when the City Manager or the Manager's designee is authorized to temporarily increase the account to Forty Thousand and no/100 Dollars ($40,000.00) for the duration of the emergency period. B. Investiaative Buv Account. The Investigative Buy Account shall not exceed Ten Thousand and no/IOO Dollars ($10,000.00), except in the case of an emergency, when the City Manager or the Manager's designee is authorized to temporarily increase the account to Twenty Thousand and no/100 Dollars ($20,000.00) for the duration of the emergency period. C. ExDenditures. Expenditures from the Controlled Substance Buy Account and the Investigative Buy Account may be made for any law enforcement purposes including, without limitation, the following: (i) Confidential investigative expenses for the purchase of services including travel or transportation of an undercover officer or an informant. The lease of real or personal property reasonably necessary to establish the appearance of affluence, credibility, and a general atmosphere conducive to the undercover role, together with meals, beverages, entertainment, and similar expenses; (ii) The purchase of evidence and/or contraband such as drugs, firearms, stolen property, etc., required to determine Res. #97-242, Page 2 the existence of a crime or to establish the identity of a participant in a crime; (iii) The purchase of specific information from informants; and (iv) To purchase controlled substances for the purpose of enforcing laws against the sale and possession of illegal drugs. D. Auditing. The Director of Public Safety shall ensure that procedures are in. place to provide for the proper handling, accounting, recording, and auditing of all funds as prescribed by the State Auditor's Office and/or the City's Finance Office. These funds shall be subject to scheduled and surprise audits from time to time by the City's internal and external audit officers. Section 2. Severabilitv. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Res. *7-242, Page 3 Section 4. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this I~~ day of February, 1997. CITY OF FEDERAL WAY :z.~~od ~~ ~Tf2¿~, ~ .'~. , /........,~ ITY CLERK, N. CHRISTI E GREEN, CMC APPROVED AS TO FORM: -~ ¿~LO=~:~ FILED WITH THE CITY CLERK: 02-11-97 PASSED BY THE CITY COUNCIL: 02-18-97 RESOLUTION NO. 97-242 K' \RESO\FUNOSACT.DPS 02/07/97 Res. ~~~ , Page 4