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Home My WebLink About2003-11-24 04-16 ORDERItem No. 06-16 k Item/Subject ORDER, Authorizing the City Manager to Accept $600.00, or a Portion Thereof, in Funds as the Result of a State Criminal Forfeiture Responsible Department Police/Legal Members of the Bangor Police Department who were assigned to the Maine Drug Enforcement Agency (Mi developed the information (hat led m this seizure. A subsequent inveslgadon led to the arrest of Thaddeus gozefoi of Bradley, who was charged with unlawful Trafficking in Marijuana (Class D). Prosecutors in the case filed for forfeiture on an amount of cash that was seized from the defendant. The Bangor Police Department may be entitled to all or a portion of $600.00 in forfeited assets. Department Head �A.wnfmr.r� a�.atro� 7LY,�v9 (1. �t„?W— City Manager Associated Information: Approval finance Director Cry Solicitor Introduced for New Business x passage _First Reading page 1 of Referral 04-16 . V Assigned to Councilor Greene Pwember 24. 2003 CITY OF BANGOR (IIRE.) ORDER, Authorizing the City Manager to Accept $60g.00, ora Portion Thereof, in Funds as the Result Of a State Criminal Forfeiture 6y the Gty CouW1 of the dty ofEangon. ORDERED, THAT the City Manager be authorized m accept $600.00, or a pordon thereof, in funds as a result of a State Criminal Forfeiture and deposit it in the State Forfeiture Account (60020308030). and be it further, ORDERED, THAT the Cty Clerk is authorized to execute the attached Approval of Transfer. IP C11Y CODICIL NdV£uber 26. 2003 Passed CI p 04-16 O NOEP ! ZITLE,) Autloriziug The City Pauagei to A cept a Euadu as the Result of a State L4luival Aulgnedb CtunclW Cityof — Ban or ,Maine www.bgrme.org James M. Cameron, Esq. Assistant Attorney General Office of the Attorney General 6 State House Station Augusta, Maine 04333-0006 Re: State of Maine vs. Thaddeus 3ozefowl¢ Penobscot County Superior Court Docket No. CR -03-861 Dear Mr. Cameron: 2UMS4400 fay 20709454449 norman.heitmenn0bgrme.org john.bamer06grme,crg LEGAL DEPARTMENT Norman S. Heitman, III, City Solicitor Jolin K. Hamer, Aeelamrn City Solicitor December 1, 2003 In response to your Department's letter dated November 12, 2003 regarding the above criminal forfeiture action, enclosed please find the original Approval of Transfer document which has been signed by Bangor's City Clerk. Mrs. Campbell was authorized W sign the document by the Bangor City Council on November 240. If you have any further questions, please feel free to call my office. Sincerely, onnan . Heitmann, III CM Solicitor tc Enclosure pc: Don Winslow, Police Chief Gail Campbell, City Clerk L/ 73 Harlow Street • Bangor, Maine 04401 STATE OF MAINE SUPERIOR COURT Penobscot, as Criminal Action Docket No. CR -03-861 Stare of Mame City of Bangor Approval of Transfer 15. M.R.S.A. §5624(3) & §5822(4)(A) Thaddeus)ozefonvicz, Defendant; And $1,500.00 U.S. Currency Defendant In Rem NOW COMES the City of Bangor, Maine, by and through its legislative body, the Bangor Gty Council, and does hereby grant approval pursuant to 35 M.R.S.A. § 5824(3) & §5826(6) to the transfer of the above captioned Defendant in Rem, ($600.00) or any portion thereof, on the grounds that the City of Bangor Police Department did make a substantial contribution to the investigation of this or a related criminal case. WHEREFORE, the Bangor, Maine CityCounad does hereby approve of the transfer of the DeQant in Rem or any portion thereof, pursuant to 15 M.RSA. § 5824(3) & §5826(6) by vote of the Bangor City Council on or about Roaber 24, 2003. Dated f3"esoey4l$ayo/Cardei�t/Clerk ��--BBaangor CityCouncil Bangor, Maine (Imprea[IagleleaveBWy Sml Hae) G. STEv�gRowwEMEf E mL 84 mlx T, ST.. oTroe b BBwwsmemM o1 (207) 941-00 70 F¢(2%)941-5075 zmw Mul626GONE STATE of Murve So, mu.. 4,n ewo, rntrmtsma,as , om0,,.,„M..ob m101 -Sew mo. umN258865 6 STATE Hoban STATION Tm W)9ar�01f0 Aixxr r , MAme 04333-0006 1Too cm panj 2azeeeo0 November 12, 2003 Gad Campbell, City Clerk City of Bangor 73 Harlow Sheet prober, Me 04401 RB: State of Maine vs. Thaddeus ]ozemAicz Penobscot County Superior Court Doc. No. CR -03-861-C imiaal Forfeiture Required Vote ofCdylfown Approval of Transfer ofForfeitue Assets Dem Ms. Campbell: _ Buclosed please fmtl a draft City of Bangor Approval form for submission to the city councilmen.. please inform the councilmen that: A. 15 MRSA. §5824(3) requires that, before any forfeitable item may be transferred to a State Agency, County or Municipality, the legislative body of that entity most publicly vote to accept the items) if subsequently ordered forfeited by the Court; & Under Rules issued by the Department of the Attomey Gerneral, a public vote must be made on each forfeiture "approval” and a "continuing resolution" of approval cannot be accepted; C. Mwith all folr'tues, an approval of a vans£ by the legislative body does not guarantee either that the Defeadant(s) In Rem will no not be forfeited or, if forfeited, that the Court will order the item(s) transferred to the approving Department, Agency, County or Municipality. The legislative body's approval only signues that if the Defendant(s) In Rem we in fact ordered forfeited and, if the Attorney General and the Court agree to a - minsfer of all or part of the Defendam(s) In Rem to a Department, Agency, County or Municipally based upon the "substantial contribution " of that Department Agency, Counly or Municipality, then that omi" in fact willing to accept the Defeadant(s) In Rem or portions thereof hr order to streamline what is otherwise a cumbersome forfeiture process, it is our practice to seek State, county or Municipal legislative mr.,x„amr.m approval in anticipation of the final order of forfeiture. However, final furniture not guaranteed and both the legislative body said the law eutorcement agency involved are cautioned that they should not encumber fonds or propo-tyuuxt] aFood Order granting them lawful title to the property is delivered to mem; D. Under the provisions of the Forfeiture Statute, if the legislative body fails to approve ahansferinaamelymm u,anyforfeiteditemsshallbehansferredtothe Stateof Maine General Fond. I . Assuming you legislative body does grant its approval, kindly see to it that the ccompavying fora is signed by the appropriate person and is "embossed" with the seal of that legislative body. Then, please return the original to me for filing, and retain a copy for your records. My sincere families for your attention to this matter. Shouid you have any questions, please do not hesitate to contact me. Sincerely, ] ses MM. Camero� stout Attorney General CRIMINAL. DIVISION 13}dRillff