ITEM TITLE:
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Consider approving a Memorandum of Understanding between the City of Lawton, the Lawton Police Department and the Office of the District Attorney for the Fifth District of Oklahoma and authorize the Mayor and City Clerk to sign and execute the Memorandum of Understanding.
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INITIATOR: John Andrew, City Attorney
STAFF INFORMATION SOURCE: John Andrew, City Attorney
James Smith, Police Chief
BACKGROUND: Under the Uniformed Controlled Dangerous Substance Act, Oklahoma Statutes, Title 63, law enforcement regularly seizes property subject to forfeiture. The District Attorney’s Office files forfeiture proceedings in District Court in effort to secure an Order regarding the property seized by the Lawton Police Department. If the claimant prevails, the court may order reasonable attorney fees, costs and interest. For monetary forfeitures successfully argued, fifty percent (50%) would go to the District Attorney and fifty percent (50%) would go to the Lawton Police Department. For vehicles and equipment successfully forfeited, the Lawton Police Department would retain for twenty-four (24) months, it would then be disposed of, and the monies would be split 50/50 with the District Attorney. It is in the best interest of the City of Lawton and the Lawton Police Department to have the District Attorney to continue to file forfeiture proceedings. This is the same terms as previously approved by council, however, it was requested to be approved annually by the District Attorney per his auditors.
EXHIBIT: Proposed Memorandum of Understanding
KEY ISSUES: N/A
FUNDING SOURCE: N/A
STAFF RECOMMENDED COUNCIL ACTION: Approve the proposed Memorandum of Understanding between the Comanche County District Attorney’s Office and the City of Lawton and authorize the Mayor and City Clerk to sign and execute the Memorandum of Understanding.