An Agency Trust Fund, Number 633 000 002, is hereby established and designated as UNET trust fund of Lewis County. This trust fund is to be used only for the purposes as enumerated herein.
(Ord. 1094 § 1, 1987; Ord. 1157, 1998)
The purpose of the trust fund is to be a depository for monies and proceeds forfeited pursuant to RCW 69.50.505(f)(1) so that such monies and proceeds can and will be used exclusively to enforce Chapter 69.50 RCW. This article is adopted in furtherance of that purpose and recognizes that Chapter 69.50 RCW provides that:
(1) 
Proceeds and monies forfeited pursuant to RCW 69.50.505 shall be held in trust pursuant to RCW 69.50.505(f)(1) for use by the designated seizing law enforcement agency for the purpose of enforcing Chapter 69.50 RCW;
(2) 
The chief law enforcement officer of the designated seizing law enforcement agency is the trustee for the trust; and
(3) 
The citizens of Lewis County are the beneficiaries of an RCW 69.50.505(f)(1) trust established in Lewis County.
(Ord. 1094 § 2, 1987; Ord. 1157, 1998)
(1) 
The Lewis County sheriff, as the chief law enforcement officer of the designated seizing law enforcement agency, shall act as trustee and fiduciary, and shall be responsible for management of the trust. Such responsibilities shall include maintenance of a record of all trust fund transactions and the purposes of such transactions, and a record of the costs and expenses associated with seizure and forfeiture of funds deposited in the trust. Any and all records maintained shall be current and be made available at all times to audit by authorized persons. The sheriff as trustee shall additionally have the power to delegate duties and shall always have a duty to act in good faith and with honest judgment.
(2) 
In the event of vacancy of office of the sheriff, or where the sheriff is interested or otherwise incapacitated from serving, the Lewis County coroner shall act as interim trustee until a new sheriff is appointed or elected, or the incapacity or interest has lapsed; provided that, nothing herein shall prevent the court from appointing a suitable person to act as interim trustee.
(3) 
The power of the trustee to control, invest, convey, divide, partition, sell, or otherwise manage the trust property shall be only as set forth in this article and shall be limited to the following:
(a) 
Monies to be deposited in the fund are limited to those monies and proceeds forfeited pursuant to RCW 69.50.505 and as a result of a seizure by UNET of Lewis County.
Such monies shall be maintained in the trust fund by the county treasurer who shall invest such monies as allowed and required by state statute and county ordinance. The county treasurer shall be entitled to receipt of any interest or capital gains received, as reimbursement for expenses incurred maintaining the fund.
(b) 
The sheriff's office shall disburse such monies and proceeds to the auditor for deposit into the trust fund. Any unexpended monies advanced by the auditor for purposes enumerated in this article shall be remitted to the auditor for redeposit into the trust fund; EXCEPT, pursuant to RCW 69.50.505(h)(1), the county auditor shall by January 31st of each year remit to the state treasurer an amount equal to ten percent of the net proceeds of any property forfeited during the preceding calendar.
(c) 
Expenditures from the trust fund shall be as authorized by the Lewis County auditor pursuant to vouchers presented to the auditor by the Lewis County sheriff's office. Such vouchers shall contain a statement of the purpose for which the funds are to be used. The auditor shall draw a warrant on the county treasurer payable to the sheriff, undersheriff, or chief criminal deputy, upon satisfaction that the funds are to be used only for one or more of the following purposes:
(i) 
Compensation as is necessary, of persons not regularly employed by Lewis County, the city of Chehalis, and the city of Centralia, for contractual services rendered as an informant;
(ii) 
Expenses for necessary meals, transportation, lodging and goods and services;
(iii) 
Expenses of law enforcement training to aid in enforcement of Chapter 69.50 RCW; and
(iv) 
Such expenses as the sheriff shall determine are reasonable and necessarily incident to enforcement of Chapter 69.50 RCW.
(Ord. 1094 § 3, 1987; Ord. 1157, 1998)
The office of the Lewis County auditor shall be responsible for and is directed to take appropriate action to ensure that the expenditures are for purposes authorized by and in compliance with this article.
(Ord. 1094 § 4, 1987; Ord. 1157, 1998)
Informants may be engaged on the basis of investigating single or ongoing activities and shall be identified solely by number or assumed name, assigned by the sheriff on all vouchers for reimbursement. The sheriff shall keep a record of all persons and numbers or assumed names subject to inspection only by authorized auditing persons.
(Ord. 1094 § 5, 1987; Ord. 1157, 1998)