[Amended 3-2-2020]
The purpose of this article is to authorize the City of Saco
Police Department to accept funds, grants or personal property to
be used for law enforcement purposes.
The City of Saco Police Department is authorized to accept,
from the United States Government or any of its agencies, the State
of Maine or any of its agencies, the County of York or any of its
agencies or any other private or public entity, funds, grants or personal
property derived from property forfeitures following lawful arrests.
The City of Saco Police Department is further authorized to accept
funds designated for law enforcement purposes from governmental entities
or private sources.
All funds received according to § 15-20 above shall be placed in a special nonlapsing fund that shall be used for law enforcement activities within the City of Saco or in cooperation with other law enforcement agencies. All funds derived from property forfeitures resulting from arrests within the City of Saco or in cooperation with other law enforcement agencies shall also be placed in this fund and used for law enforcement purposes. The total amount of money deposited into the special nonlapsing fund shall not exceed $25,000 per fiscal year; any funds received in excess of $25,000 per year, except those forfeited funds which are subject to federal law governing their use, shall be placed in the City of Saco General Fund, unless a private donor specifies otherwise as a condition of the gift or grant or this ceiling is superseded by state or federal law, in which cases the wish of the donor or the superseding state or federal law shall control. This fund shall supplement and not supplant the annual Police Department budget appropriations. The City Council may augment this fund at its discretion.
A.
Expenditures from the special nonlapsing fund shall be made according to Chapter 38, Purchasing, of this Code, except in the following two circumstances, when expenditures shall be exempt from the requirements of the purchasing regulations:
(1)
Cases where the law enforcement activity being funded would be rendered
ineffective by the application of the purchasing regulations; or
(2)
Cases where public knowledge of the law enforcement activity being
funded could reasonably be foreseen to result in risk to the health
or safety of a member of the Police Department or the public.
B.
In situations set forth in Subsection A(1) and (2) above, the Police Chief or Deputy Chief shall be authorized to expend the necessary funds with the approval of the City Administrator, who shall determine whether or not the expenditure shall be subject to the purchasing regulations according to the standards of this section. A written statement describing the expenditure shall be presented to the Council at the next regularly scheduled Council meeting.
At least once a year, within 90 days of the end of the fiscal
year, the Police Chief shall provide a written report stating the
sources and amount of income to the fund; the date, amount and purpose
of all expenditures from the fund; and the balance forward.
