Bowie, 040219 ALAGO, AGO 2019-29

Case DateApril 02, 2019
CourtAlabama
Honorable Corey D. Bowie
AGO 2019-29
No. 2019-029
Alabama Attorney General Opinion
State of Alabama Office of the Attorney General
April 2, 2019
         Honorable Corey D. Bowie          President, Selma City Council          Post Office Box 450          Selma, Alabama 36702-0450          Municipalities - City Councils -Forfeiture - Funds - Law Enforcement - Competitive Bid Law          The police chief is not required to obtain the approval from the city council before making expenditures from state forfeiture proceeds. The chief and council should cooperate in planning for such expenditures.          The council may disapprove a specific request made by the chief for the expenditure of federal forfeiture proceeds but lacks the authority to expend the proceeds in a manner not proposed by the chief.          Expenditures from state and federal forfeiture proceeds are required to be made by competitive bidding.          The purchase of law enforcement equipment with forfeiture proceeds does not violate section 94 of article IV of the Recompiled Constitution of Alabama. The use of forfeiture proceeds to benefit private persons or entities does not violate section 94 if a valid law enforcement purpose is served.          Forfeiture proceeds may be used to purchase law enforcement equipment in the ordinary course of business. The council may not use federal forfeiture funds to reduce the amount of funds appropriated to the police department.          Dear Mr. Bowie:          This opinion of the Attorney General is issued in response to your request on behalf of the Selma City Council.          QUESTIONS          (1) Do state or federal forfeiture proceeds received by the police department pursuant to section 20-2-93 of the Code of Alabama require any approval from the city council prior to disbursement by the treasurer to the police chief and/or police department to purchase equipment for law enforcement purposes?          (2) Are expenditures subject to competitive bidding?          (3) Are proceeds used to purchase the equipment subject to section 94 of article IV of the Recompiled Constitution of Alabama?          (4) May the department use proceeds to purchase equipment to be used in its ordinary course of business? If the department made such purchases, would the total amount of funds appropriated by the council to the department be reduced?          FACTS AND ANALYSIS          Your request states that the City of Selma has an account established for proceeds derived from "awarded drug funds" pursuant to section 20-2-93 of the Code of Alabama, which provides for the forfeiture of property and money used or intended to be used in violation of the controlled substances law. Ala. Code § 20-2-93 (2015). You state further that the police chief has requested to use a portion of these funds to purchase drug enforcement equipment. You ask whether the expenditures would be subject...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT