After his request for Law Enforcement Trust Funds (LETF) was pulled from the Agenda during the last North Miami city council meeting, Police Chief Leonard Burgess is asking for do-overs.

Instead of wishing on a star for money to “promote positive police image,” this time Chief Lenny is at least attempting to comply with Florida statutory requirements in making his request.

As I had instructed in my February 2, 2015 blog, Chief Lenny’s LETF Checkbook, Chief Lenny had better do more than just dash off a quick memo asking for money.  There are certain rules he needs to follow.

For starters, the proposal had to include a “written certification” stating that his request is in compliance with the provisions Florida Statute 932.7055, as required by paragraph (5)(b).

My blog also provided a helpful link to the U.S. Department of Justice’s Guide to Equitable Sharing for State and Local Law Enforcement Agencies, the provisions with which his request has to comply.

And finally, I had to let Chief Lenny know that LETF funds are not to be used for awards galas or golf tourneys.

It’s shocking that a chief of police doesn’t know these laws, but at least he reads the blog.

Yeah, I’m shaking my head, too.

Interestingly, since he was forced to go back to the drawing board and do actual work for a change to prepare a proposed Resolution (instead of a mere memo), the chief upped his request from $50,000.00 to $266,000.00!

In Tab F of the Agenda, Chief Lenny attached an Exhibit A to the Resolution, which itemizes each expenditure, with an explanation and desired amount of funding.

His original request was for $50,000.00 to “promote positive police image.”  His wish list now includes:

• $40,000.00 for Community projects and events, necessary to promote positive police image, and for other law enforcement purposes
• $40,000.00 for Crime Prevention Awareness and Safe Neighborhoods
• $75,000.00 for Training
• $5,000.00 for Investigations
• $6,000.00 for Law Enforcement Awards, Plaques and Memorials
• $40,000.00 for Equipment and Operations
• $60,000.00 for Law Enforcement Travel and Transportation

In addition to promoting positive police image, Chief Lenny’s plan for “Crime Prevention Awareness” includes the Facebook photo op-ready Walk & Talk, the Mayor’s monthly Bike Ride, and an ambiguous request for the Police Athletic League.  (Ironically, Tab L on tonight’s Agenda is a Resolution approving the request for $10,000.00 from the Police Athletic League.  Interesting, no?)

It’s important to note that taxpayers do not fund LETF, also known as asset forfeiture accounts.  These are funds received from the sale of assets confiscated by law enforcement in an effort to disrupt criminal activity.  While there is much controversy surrounding the legality of seizing these assets from individuals, many of whom have not even been convicted of a crime, the fact remains that this program still exists, and there is plenty of money to go around.

The law itself is fairly ambiguous regarding the specific uses for asset forfeiture funds, and may be open to interpretation.

While local, state and federal forfeiture laws state that the funds are allowed to be used for crime and drug abuse prevention programs, law enforcement training, investigations, equipment and the like, they may not be used to “meet normal operating expenses of law enforcement.”  As such, there is not always a clear line between a “normal operating expense” and what may be extracurricular.

For example, one of the permitted statutory uses is to defray “the cost of protracted or complex investigations.”  However, a “protracted or complex investigation” by one police department, might be considered business as usual to another, perhaps larger, organization.

Controversial or not, police departments still have access to these forfeiture funds, and police chiefs do everything they can to get their hands on them.

If the police department is awarded the $266,000.00 per Chief Lenny’s request, there must be accountability.

The onus is on the Mayor and Council to oversee – and guarantee – that Chief Lenny will comply with local, state and federal laws.

After all, el jefe  is hardly the sharpest knife in the drawer.

Leonard Burgess may run the police department, but the buck still stops at City Hall.

Stephanie Kienzle
“Spreading the Wealth”