[Adopted 10-31-2006, effective 11-14-2006]
A. 
A Shared Asset Forfeiture Fund (SAFF) shall be established in the Department of Police to provide funding to private, not-for-profit and community-based organizations classified as and meeting the requirements of 26 U.S.C. § 501(c), (3) or (4), for conducting programs associated with law enforcement, crime, drug and alcohol abuse prevention, that contribute to the safety, betterment, and physical well-being of youth within the City of Buffalo.
B. 
The SAFF shall be accounted for in the appropriate fund and account group designated by the Comptroller in accord with generally accepted accounting principles and regulatory requirements.
C. 
The SAFF shall be comprised of 15% of all Drug Asset Forfeiture Funds (DAFF) received by the City, interest earned on the investment of idle SAFF, and/or donations from other sources. Currently, U. S. Department of Justice regulations allow DAFF to be transferred to a SAFF in an amount not to exceed 15% of DAFF recovered and received by the City during a fiscal year.
D. 
SAFF spending shall be in accord with an approved SAFF annual spending plan that shall be fully expended annually. SAFF principal shall be used to pay spending plan expenses; idle SAFF shall be invested to maximize interest earnings thereon. SAFF purchases shall be consumed and/or distributed upon delivery or as soon as possible thereafter and shall not be stored to create an inventory. SAFF shall not be used for salaries, operating supplies, equipment, capital improvements, real estate acquisition, SAFFAC expenses, or like expenses.
E. 
Unless identified otherwise, all positions and entities referred to herein are as listed in the City Charter and Code.
A. 
The Shared Asset Forfeiture Fund Advisory Committee (SAFFAC) shall consist of five members, each having voting power. The Commissioner of Police shall be a member of SAFFAC with voting power; the Mayor and the Common Council shall each appoint two qualified electors who shall serve with voting power subject to confirmation by majority vote of the Common Council.
B. 
SAFFAC appointment shall be for a term of and for not more than two consecutive years, excluding appointment during the unexpired term of a replaced incumbent, except that the Mayor and the Common Council shall each initially select one member who shall serve for a term of three consecutive years.
C. 
SAFFAC membership shall be voluntary and without compensation; however, Committee members may be reimbursed for authorized expenses to the extent funds are allocated and approved by the Common Council and the Mayor.
A. 
The SAFFAC shall prescribe its forms and rules of order; initiate actions by majority vote; annually select from amongst its members a Chairman, Vice-Chairman and Secretary who shall maintain the orderly conduct of SAFFAC actions; conduct public hearings and meetings as needed; accept and review SAFF spending applications; and prepare a recommended SAFF annual spending plan for submission to the Mayor.
B. 
SAFFAC actions and proceedings shall be documented immediately thereafter by filing minutes thereof with the City Clerk. SAFFAC meetings and hearings are subject to the New York State Open Meetings Law, and any requirements thereto.
C. 
The SAFFAC shall seek the assistance of the Commissioner of Police, the Corporation Counsel, the Comptroller and any other City department(s), who shall provide guidance, counsel, advice and assistance as needed.
A. 
The Commissioner of Police shall report the then-current guidelines for transferring DAFF to the SAFF and the amount of DAFF transferred to the SAFF during the current and prior two fiscal years by January 15 of each year, to the SAFFAC, the Mayor, the Common Council and the Comptroller.
B. 
The Comptroller shall report the financial position of the SAFF as of December 31 and June 30, by January 10 and July 10 respectively during each year. The report shall list SAFF beginning and ending balances, commitments and summaries of revenues, interest earnings and expenditures during the period and shall be filed with the SAFFAC, the Mayor, the Common Council and the Commissioner of Police.
The Comptroller may audit and/or examine the books and records of any entity receiving or disbursing the SAFF upon appropriate notice thereto. Any audit performed by the Comptroller shall, upon completion, be reported to the SAFFAC, the Mayor, the Common Council and the Commissioner of Police.
A. 
Subject to the availability of at least $1,000 of uncommitted SAFF as of December 31 of each year as reported by the Comptroller, the Commissioner of Police, during the month of January, shall make application available and accept completed applications for SAFF spending. Prior to their forwarding to the SAFFAC, the Commissioner of Police shall review each application for compliance with this code and shall certify whether it is complying or noncomplying.
B. 
The SAFFAC shall review all applications received by the Commissioner of Police; conduct public hearing(s) within the community and with community service providers, to seek, encourage and discuss suggestions and ideas for SAFF spending; prepare a recommended SAFF annual spending plan that identifies applications and programs that best serve the needs of the City, their respective funding amount and ranking by importance; and the amount of SAFF (if any) designated for use in the next annual spending plan. The SAFFAC recommended SAFF annual spending plan and supporting applications shall be submitted to the Mayor by March 1 of each year.
A. 
The Common Council shall review the Mayor's recommended SAFF annual spending plan and supporting applications and by majority vote, no later than May 1, shall approve or deny each spending plan line item and the corresponding application, thereby creating the Common Council approved SAFF annual spending plan.
B. 
The Common Council, for any spending plan line item and corresponding application that is denied, may authorize and direct the SAFFAC to reconvene to submit a revised recommended SAFF annual spending plan; and shall correspondingly designate a revised temporary timetable to achieve the spirit and intent of this Code. Notwithstanding, the SAFF annual fiscal period shall conclude June 30.
C. 
The Mayor may object to any recommended SAFF annual spending plan and corresponding application that is denied by the Common Council, by the return thereof to the Common Council within 10 days thereafter, together with the reasons for objection. The Common Council may, within 10 days thereafter, affirm its actions by two-thirds vote of its members; otherwise, the Mayor's recommended spending plan and supporting application(s) shall be deemed approved.
D. 
The Commissioner of Police, with the assistance of the Corporation Counsel, shall execute the appropriate contract(s) to which the respective application shall be appended thereto, in accord with the approved SAFF annual spending plan, as a prerequisite to program delivery by the successful applicant.
A. 
Any person(s) either employed by or associated with any entity in receipt of SAFF, and/or serving as a director or officer thereof, including their successors, shall be responsible for safeguarding SAFF and/or the goods and services procured therefrom.
B. 
The inappropriate and/or illegal spending of the SAFF is considered a theft of government services that may subject such individual(s) to legal prosecution and responsibility for damages incurred by the City as a result thereof.