HomeMy WebLinkAbout09-23-19 City Commission Packet Materials - C7. Res 5100, Establish Procedure for Disposition of Unclaimed Property to the BPD
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Captain Cory Klumb, Bozeman Police Department
Ed Hirsch, Bozeman City Attorney’s Office
SUBJECT: A resolution of the City Commission establishing a procedure for disposition of unclaimed tangible personal property that comes into the possession of the Bozeman Police Department.
STRATEGIC PLAN: This resolution is a component of tenant 3.1 of Bozeman’s
Strategic Plan for Public Safety. With the passage of the Bozeman Public Safety Center, the Police Department will need to prepare for the process of transferring facilities. Part of this transfer will include moving property held in the joint evidence facility. Disposing of property
not needed for evidentiary purposes reduces the cost of the transfer. At the same time, it would
be fiscally responsible to implement a forward looking self-sustaining system for preventing the
type of clutter that crept into the current evidence storage facility. Reducing the need for additional space will save costs over the long term as the City continues to grow.
MEETING DATE: September 23, 2019.
AGENDA ITEM TYPE: Consent item. RECOMMENDATION: Adopt Resolution 5100 to establish a procedure for disposition of
unclaimed tangible personal property that comes into the possession of the Bozeman Police
Department.
SUGGESTED MOTION: I move to adopt Resolution 5100 to establish a procedure for disposition of unclaimed tangible personal property that comes into the possession of the
Bozeman Police Department.
BACKGROUND: Currently, the Bozeman Police Department utilizes a storage room at the Gallatin County Law and Justice Center to preserve property that comes into possession of law enforcement through various means. Efforts are made to locate the owner of this property
but many times we are unable. Over time, these items accumulate and need to be disposed of.
There has never been an efficient method for disposal of property that does not need to be
maintained as evidence.
The Montana Legislature adopted Montana Code Annotated § 7-8-105 in 2017,
authorizing the legislative body of local governments to dispose of property in possession of
local law enforcement by ordinance or resolution. This resolution before the Commission is the
Bozeman Police Department’s proposal to implement § 7-8-105.
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The benefits of adoption and passage include lowering move-in costs for the new
Bozeman Public Safety Center, keeping the future costs of evidence storage lower by reducing
the need for additional space, and increasing the effectiveness and integrity of evidence storage
by preventing unnecessary clutter.
UNRESOLVED ISSUES: Firearms have intentionally been excluded from the definition of
“unclaimed property” for purposes of this resolution. The Bozeman Police Department is
uncomfortable putting firearms in its procession back into circulation.
ALTERNATIVES: Although costly, the Police Department could retain property
indefinitely.
FISCAL EFFECTS: The Bozeman Police Department has established an account with a
reputable online auction company for the purposes of disposal. By selling anything of value, this ordinance will have a positive fiscal effect. The Bozeman Police Department posted 9 items on
the site in order to establish the account. The sale of these 9 items generated $1012.50.
Attachments: Resolution No. 5100
Bozeman PD Property Disposal Procedure
Report compiled on: 9/6/2019
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Page 1 of 4
RESOLUTION NO. 5100
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ESTABLISHING A PROCEDURE FOR DISPOSITION OF UNCLAIMED
TANGABLE PERSONAL PROPERTY THAT COMES INTO THE POSSESSION OF THE
BOZEMAN POLICE DEPARTMENT.
WHEREAS, §7-8-105, MCA, establishes the minimum requirements for an ordinance or
resolution that provides for disposal of unclaimed tangible personal property in possession of law
enforcement for which state law does not otherwise provide a procedure for disposition; and
WHEREAS, although not required by law, the Bozeman Police Department (BPD) does
come into possession of a number of unclaimed tangible personal property items; and
WHEREAS, it appears to be in the best interest of the City of Bozeman and the inhabitants
thereof that a policy be established to dispose of unclaimed tangible personal property in the
possession of the BPD.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that:
Section 1
The City of Bozeman hereby establishes the following policy for disposal of unclaimed
tangible personal property that may come into the possession of the BPD (hereafter “unclaimed
property”).
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Resolution 5100, Disposal of Unclaimed Tangible Personal Property
Page 2 of 4
Section 2
For purposes of this policy, the term “unclaimed property” does not include:
A. property valued at less than $20;
B. intangible property;
C. property that constitutes contraband or is otherwise illegal to possess;
D. firearms;
E. property with evidentiary value in any criminal case; and
F. property for which state law provides a procedure for disposition.
Section 3
The specific process for disposing of unclaimed property shall be governed by the Chief
of Police through a Department Policy, adopted by the Chief in accordance with this Resolution.
Section 4
The BPD is not required to take possession of any unclaimed property and may refuse to
take possession of any unclaimed property.
Section 5
If the BPD does take possession of unclaimed property, the BPD will take reasonable steps
to identify and contact the legal owner of the unclaimed property.
Section 6
If the legal owner of the unclaimed property cannot be identified or contacted through
reasonable means, the BPD will list the unclaimed property on the City’s website for a period of
three (3) months. The listing must contain:
A. the place and date where and when the property was found, if that information is
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Resolution 5100, Disposal of Unclaimed Tangible Personal Property
Page 3 of 4
known;
B. instructions how the legal owner of the unclaimed property may reclaim the
property; and
C. notice that if the property remains unclaimed for a period of three (3) months
from the date of initial posting, the property will, at the Bozeman Police Department’s
discretion, be either destroyed, returned to finder, donated, converted to law enforcement
use or sold at public auction to the highest bidder.
Section 7
Upon receipt of proof of legal ownership, the BPD will restore the unclaimed property to its
legal owner.
Section 8
If, after four (4) months, the legal owner of the unclaimed property has not reclaimed the
property, the BPD may offer the unclaimed property to the finder by providing notice to the finder,
if the finder has provided contact information at the time they turned over the unclaimed property to
BPD.
Section 9
Upon receiving notice that the unclaimed property may be claimed by the finder, the finder
has ten (10) days to claim the property.
Section 10
If neither the legal owner nor the finder claims the unclaimed property, the unclaimed
property will be destroyed as allowed or required by local, state, or federal law, donated, converted
to law enforcement use or sold at public auction to the highest bidder.
Section 11
At least ten (10) days prior to the time fixed for disposition of unclaimed property, by either
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Resolution 5100, Disposal of Unclaimed Tangible Personal Property
Page 4 of 4
returning to the finder, destruction, donation, or sale at public auction, notice of the planned disposal
will be given by publication one time in a newspaper of general circulation in the City of Bozeman.
Section 12
After property has been destroyed, returned, donated, converted to law enforcement use or
sold at public auction, the property or the value of the property is not redeemable by the owner or
another person entitled to possession.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the September 23, 2019.
____________________________________
CYNTHIA L. ANDRUS Mayor
ATTEST:
_________________________________
ROBIN CROUGH City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN City Attorney
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Bozeman PD Evidence Disposal Procedure
Any property in the possession of the Bozeman Police Department that has no evidentiary value
will be disposed of using the method allowed by City of Bozeman Resolution 5100.
1. The first step will be to create a list and post it on an “Unclaimed Property” tab on Bozeman
Police Department’s webpage. This page will contain the following print and the attached list:
Unclaimed Property
This page contains a list of all the property the Bozeman Police Department has taken
possession of over the last quarter. Per City of Bozeman Resolution 5100, if the property
remains unclaimed for a period of three (3) months from the date of initial posting, it will be
destroyed, returned to the finder, donated, converted to law enforcement use or sold at
public auction to the highest bidder.
Please review this list. If you suspect any of the property on this list may be yours, please
contact our Evidence Technician between the hours of 8:00 am and 4:00 pm Monday –
Friday at 406-582-2236 or click here to send an email.
2. After this list has been posted on the “Unclaimed Property” tab for a period of three (3)
months, the list will be moved to the “Property Scheduled for Disposal” tab.
3. The Bozeman Police Department will run the following ad in the Bozeman Daily Chronicle:
The Bozeman Police Department has had property in its possession since at least (DATE)
and plans on disposing of this property after (DATE) if not claimed by the owner. Please go
to www.bozeman/property for a list of the property scheduled for disposal.
The “Property Scheduled for Disposal page will contain the following print as well as the attached
list:
Property Scheduled for Disposal
The property on this list has been posted on this page for the last three (3) months. Per City
of Bozeman Resolution 5100, an ad has been placed in the Bozeman Daily Chronicle
advertising this property is scheduled for disposal after (specific date).
Please review this list. If you suspect any of the property on this list may be yours, please
contact our Evidence Technician between the hours of 8:00 am and 4:00 pm Monday –
Friday at 406-582-2236 or click here to send an email.
After property has been destroyed, returned, donated, converted to law enforcement use or sold at
public auction, the property or the value of the property is not redeemable by the owner or another
person entitled to possession.
4. A new list containing the property from the previous quarter will be posted on the “Unclaimed
Property” tab.
5. After a period of one (1) month, the property on the “Property Scheduled for Disposal” tab will
be appropriately disposed of.
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