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Home My WebLink About2004-01-26 04-66 ORDERItem No. n4-66 Date: ]anus" 26, 2009 Item/Subject: ORDER, Authorizing the City Manager to Accept $805.00, 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 (MDEA) developed the Information that led to this seizure. A subsequent investigation led to the arrest of Ernestine L. Wood a/k/a Ernestine Chubbuck of Glenbum, who was charged with Trafficking in Schedule W Drugs, Class B (heroin). Prosecutors in the case filed for forfeiture on an amount of ash that was seized from the defendant The Bangor Police Department may be saddled to all or a portion of $805.09 in forfeited assets. Department Hand Manager's Comments: Recommend approval. City Manager Associated Information: Approval of Transfer Finance Director Ciry Solicitor Introduced for Consent x Passage _ Fiat Reading Page 1 ofd Referral 0416 Avi�ed to Coumilor 6Yeeae Seveaty 26. 3004 CITY OF BANGOR (MLE.) ORDER, Authorizing the City Manager to Accept $805.00, ora Portion Thereof, in Funds as the Result of a State Criminal Forfeiture Ey ore ay ciounclr ofgre Oty ofBangor: ORDERED, THAT the Gty Manager be authorized to accept $805.00, or a portion thereof, in funds as a result of a State Criminal Forfeiture and deposit it in the State Forfeiture Account (60)20309050). and be it further, ORDERED, THAT the City Clerk is authorizetl to execute the attached Approval of Transfer. IB CI14 (LONCIL Javuary26.2006 paeaed (MLO, "tmrJame the city ranaeer m Aecept 1505.00, o a Pmrtfoo Therein . n Yun m the 5 Ut of a State Wmiml Forfeiture Aeelgludta Councilor I AreRti �i//� V Gail Campbell,City Clurk City of Bangor 73 Harlow Street Barger, Me 04401 RE: State of Mame vs. Ernestine L. Wood PenobscotCourty function Court Doc. No. CR -02-586 - Criminal Forfeiture Required Vote ofCityfFown Approval of Transfer of Forfeiture Assets Dear Ms. Campbell Enclosed please find a draft Cityof Bangor AppnavaM on for submission in the city councilmen:..: ...:. .. .., ... '. Please inform' the councilmen that"...,. A I5M.R.S.A§5824(3)requires Nat, before any forfeitable lesson may be VamfaroMiW a State Agency, County or Municipality, the legislative body of that entity must publicly vote to accept theitcm(s)Jsubsequently ordered forfeited by toe Court; _ B. Under Rules issued by the DeparmMem ofthe Attorney General, a public vote must be made on eacb forfeiture"approval"and a"continuing resolution"of approval cannot be - accepted; C. As with a1larfelrues, an approval of a transfer by the legislative body does not guarantee either that fire Defendants) In Rem will in fact be forfeited or, if forfeited, that the Court will order the items) transferred to Ne approving Depsennent, Agency, County or Municipality. The legislative -body's approvalomy signifiestliu,iffie Debmilant(s)- In Rem are in fact ordered forfeited and, if the Attorney General and the Court agree to a transfer of all or pan of the Defendants) In Rem to a Departerent, Agency, County or Municipality based upon the"s wassial contribution " of that DeparmMeof, Agency, `:County or Municipality, then that entity is in fact, willing m accept the Defandam(s) In Remor-portions thereof -In order w 1fteanoine What is othetvnsea cuintict9bne "+ forfeiprocess, it is omptacfim to seek State, countyor M tureurdcipal legislative 84 A.. M Flinn Sr>vrmaxeRrooex P4L ° ^ � 6AMnuaw A Mu MAWG. +"ruin wtamo Pa:(9pJ 98M-eb/5 Mon AOMM, Pm Pm P MMM04102am4 \8 TM .00])8ll 6o can V2,62m iam,a07)SVu000 Tra Fro encomia STILUS OF MhIME GPwcu or ore Arrot GeusaOu, Tls.(877)428 2sssmmm S".Aa2 6 STArF Hous6 STmoN Or MW"AlM imo m Avcus A,M n 3,13 006 PAs: pan 06-A291 Gail Campbell,City Clurk City of Bangor 73 Harlow Street Barger, Me 04401 RE: State of Mame vs. Ernestine L. Wood PenobscotCourty function Court Doc. No. CR -02-586 - Criminal Forfeiture Required Vote ofCityfFown Approval of Transfer of Forfeiture Assets Dear Ms. Campbell Enclosed please find a draft Cityof Bangor AppnavaM on for submission in the city councilmen:..: ...:. .. .., ... '. Please inform' the councilmen that"...,. A I5M.R.S.A§5824(3)requires Nat, before any forfeitable lesson may be VamfaroMiW a State Agency, County or Municipality, the legislative body of that entity must publicly vote to accept theitcm(s)Jsubsequently ordered forfeited by toe Court; _ B. Under Rules issued by the DeparmMem ofthe Attorney General, a public vote must be made on eacb forfeiture"approval"and a"continuing resolution"of approval cannot be - accepted; C. As with a1larfelrues, an approval of a transfer by the legislative body does not guarantee either that fire Defendants) In Rem will in fact be forfeited or, if forfeited, that the Court will order the items) transferred to Ne approving Depsennent, Agency, County or Municipality. The legislative -body's approvalomy signifiestliu,iffie Debmilant(s)- In Rem are in fact ordered forfeited and, if the Attorney General and the Court agree to a transfer of all or pan of the Defendants) In Rem to a Departerent, Agency, County or Municipality based upon the"s wassial contribution " of that DeparmMeof, Agency, `:County or Municipality, then that entity is in fact, willing m accept the Defandam(s) In Remor-portions thereof -In order w 1fteanoine What is othetvnsea cuintict9bne "+ forfeiprocess, it is omptacfim to seek State, countyor M tureurdcipal legislative approval in anticipation of the final order of forfeinue. However, firul forfeiture is rot guarameed and both the legislative body and the law earnmemeat agency involved are cautiond that they should not encumber funds or property udl aFinal Grder granting them lawful title to the property is delivered to them; D. Under the provisions of the Forfeiture Stamte,ifthe legislative body fails to approve atransfer in a timely mummer, any forfeited items shall be tmnsfttxed to the State of Maine General Food. Animating your legislative body does grant its approval, kindly see to it that du: accompanying form is signed by the appropriate person and is "embossed" with the seal of And legislative body. ]'her, please mann the origiuelto me for filing, and retain a copy for you records. My sincere thanks for you attention to this matter. Should you have any questions, please do not hesitate to contact me. Sincerely, ,W,l'i,(uliaamm Savage Assisism Attorney General Enclosure 04-66 STATE OF MAINE SUPERIOR COURT Penobscot, ss. Criminal Action Docket No. CR -02-586 State of Maine City of Bangor Approval of Transfer 15 M.R.S.A. § 5824(3) & § 5822(4)(A) Emestine E. Wood a/k/a Ernestine Chubbuck Def dant' And $1,610.00 U.S. Currency Defendant In Ren NOW COMES the City of Bangor, Mama by and through its legislative body, the Bangor City Council, and does hereby grant approval pursuant an 15 M.R.S.A. § 5824(3) & § 5826(6) to the transfer of the above captioned Defendant In Rem ($805.00), or any portion thereof, on the grounds that the City of Bangor Police Department did make a substantial contribution to the investigation of flus or a related criminal case. WHEREFORE, the Bangor, Maine City Council does hereby approve of the transfer of the Defendant In Rem, or any portion thereof, pursuant to 15 M.R.S.A. § 5824(3) & § 5826(6) by vote of the Bangor City Council on or about Chairperson/Mayor/Councilman/Clerk Bangor City Council Bangor, Maine (rwW s Ugaladte B04 SeOw¢re)