BACKGROUND: The Code of Virginia, § 19.2-386.22, states that "…all money and property used in substantial connection with the … illegal narcotics can be seized by a law enforcement agency." The Forfeited Asset Sharing Program is governed by § 19.23-386.1-14 and the instructions for the receipt, management, and expenditure of Forfeited Asset Funds (FAF) are contained in the "Forfeited Asset Sharing Program Manual" published by the Department of Criminal Justice Services ( www.dcjs.virginia.gov ). The funds described above are restricted in use and may only be used to enhance law enforcement activities and services. Those funds MAY NOT be used to fund normal operating expenses of Law Enforcement Departments.
During the period of 2004 through July 2013 the Essex County Sherriff's Department had received approximately $90,000 in forfeited funds. Over the past several years the Sheriff and his staff had made numerous requests for a reconciliation of the fund balance but had NOT BEEN GIVEN THE INFORMATION. THEY REQUESTED.
THE STORY: ESO first asked the Acting County Administrator, Bill Pennell, to include the Forfeiture Fund Account (FAF) including balance, receipts, and expenditures as a topic for the external auditor to examine. The Auditor's Report did not include any specific details pertaining to the FAF.
ESO next inquired about the status inquired about the status of the Forfeited Asset funds on March 13, 2013 with a FOIA Request to the County Administrator, Reese Peck. As this was in the midst of the Annual Budget development cycle, an extension for a reply was granted. The initial balance report was in the low 5 figures. The County Administrator directed a preliminary inquiry be made and when the significant issues were recognized, he further directed that a comprehensive review be conducted and requested additional time for a final FOIA reply.
In late June the review was completed and discussions with the Sheriff were initiated to reconcile and review the findings. This was completed and in August a letter of agreement was signed stipulating the correct current balance available in the account was in the upper 5 figures or approximately $90,000. The County Administrator also took corrective measures to ensure that the FAF were recorded as a separate RESTRICTED ACCOUNT in the County Financial Records and that all obligations of those funds required the Sheriff's approval and were to comply with the uses authorized in the Code of Virginia and the Program Manual.
The outcome of this one small excursion though the Essex County Financial management procedures (sic) (extremely weak, poorly followed, and not supporting public safety) identified roughly $60,000 that is now available to support enhanced law enforcement, professional training, and increased public safety. It also led to the publication of new Financial Management Procedures that provide significantly stronger internal controls and better management data. The FAF were removed from the general fund category and are now fully open and transparent to Essex County Government and to our citizen. The Sheriff's long and persistent efforts to account for law enforcement funding was successful.
Finally, it was proven, once again, how letting a little sunshine into government will result in greater openness and transparency. In this case it also corrected bad decisions, errors, and a failure to comply with the Code of Virginia.
John R. Clickener, Publisher
End note: The development of this article was mentioned in the 12 August 2013 Blog "The Former Deputy County Administrator." It is ESO's understanding that the DCA was also the County Financial Officer.
No comments:
Post a Comment