Ordinance 57-23
RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
Ordinance No. 97-23 Passed , 20
ESTABLISHING THE LAW ENFORCEMENT CUSTODIAL FUND
WHEREAS,
The Dublin City Police Department is granted authority under Ohio Revised Code to
seize cash from suspects under certain circumstances when criminal activity is
suspected: and
WHEREAS,
The Dublin City Police Department is required to hold and maintain control over such
seized cash until a distribution order is issued by the court in the case; and
WHEREAS,
The Dublin City Police Department wishes for the City Finance Department to deposit
seized cash into the City’s general bank account and record the receipt and distribution
of the cash in the City’s accounting system; and
WHEREAS,
It is appropriate that the activity to account for the seized funds be recorded in a
custodial fund.
NOW, THEREFORE, BE IT ORDAINED By the Council of the City of Dublin, State of
Ohio, 71 of the elected members concurring that:
Section 1. A custodial fund be established called the Law Enforcement Custodial
Fund.
Section 2. All cash seized by the Dublin City Police Department be deposited into the
City’s general bank account and accounted for in the Law Enforcement Custodial Fund
until an order issued by the court directs the distribution of the cash to the appropriate
parties or returned to the owner.
Section 3. This ordinance shall be effective upon the earliest date permitted by law.
Passed this__@ 1 = day of Movember , 2023.
Mayor fpsana Officer”
ATTEST: end. (Lhe i of Coy J
To: Members of Dublin City Council
From: Megan D. O’Callaghan, P.E., City Manager
Date: November 7, 2023
Initiated By: Matthew L. Stiffler, Chief Financial Officer/Director of Finance
Jaime Hoffman, Director of Finance Operations
Nick Tabernik, Deputy Chief of Police
Re: Establishing the Law Enforcement Custodial Fund
Summary
The Dublin City Police Department has authority granted to it by the Ohio Revised Code to seize cash
and other assets from suspects in certain circumstances. The Police Department must hold seized
money in its custody until the court in the case issues a distribution order directing how the money will
be distributed. The Police Department will submit a forfeiture order to the court in such cases asking
that the money be forfeited to the City depending on the outcome of the case. If the court grants the
forfeiture request, once the case has been adjudicated, the money will be forfeited and provided to the
Police Department. If the court denies the forfeiture request, the money will be returned to the owner.
The forfeited money can then be receipted into the Law Enforcement Trust Fund which is a special
revenue fund of the City. The money can be appropriated in this fund to be used by the Police
Department for certain types of expenditures. The use of the money is restricted by Ohio Revised Code
and Police Department policy.
Normally, a portion of the money is distributed to the County Prosecutor or other court of jurisdiction
and other government or law enforcement agencies involved in the case. The court may also rule that
the money be returned to the defendant in the case. This is why a custodial fund is the appropriate
fund type to account for the money before the distribution order is issued. It is not known beforehand
whether the City will be entitled to keep the money or not.
In the past, the Police Department maintained custody of seized money. The money was marked for
safekeeping until an owner could be found, or the money was kept as evidence in the Police evidence
room. The money was held as physical evidence due to the use of serial numbers for identification of
the money in criminal cases. The Police Department has obtained a money counting machine that
records images of the money as it counts it. Therefore, the Department no longer needs to maintain
physical control of the money while awaiting the distribution order or prior to returning the money to
the lawful owner. The recorded images of the money serve as sufficient evidence. Furthermore, current
best practices in property and evidence management call for an almost immediate transfer of cash from
the Police evidence room into a financial institution.
Since the Police Department does not need to maintain physical possession of the money, Police
Department leadership has requested that Finance deposit the money into the City’s bank account for
safekeeping rather than hold it in the evidence room.
Recommendation
Staff recommend passage of Ordinance 57-23 at the second hearing on November 27, 2023.
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017-1090
Phone: 614.410.4400 • Fax: 614.410.4490 Memo