2018 2:00:00 PM

Monday, September 10, 2018 2:00 PM
Council Chambers, Legislative Bldg, 745 4th St., Sparks, NV

Consent Items: 8.3

Title: Consideration, discussion, and possible direction to the City Attorney to initiate civil forfeiture cases on behalf of the City relating to Sparks Police Department Case Numbers 18-3903 and 18-4416 (FOR POSSIBLE ACTION).

Petitioner/Presenter: Chester H. Adams, Sparks City Attorney/Alyson L. McCormick

Recommendation: That City Council direct the City Attorney to initiate civil forfeiture cases on behalf of the City relating to Sparks Police Department Case Numbers 18-3903 and 18-4416.

Financial Impact: No direct financial impact is anticipated, but there may be litigation costs such as costs associated with serving claimants with process.

Business Impact (Per NRS 237):
A Business Impact Statement is not required because this is not a rule.

Agenda Item Brief:

This agenda item asks the City Council to consider and decide whether to direct the City Attorney to initiate civil forfeiture cases on behalf of the City relating to Sparks Police Department Case Numbers 18-3903 and 18-4416.

Background:

NRS Chapter 179 and NRS Chapter 453 allow for the forfeiture of proceeds of certain drug-related offenses. Each of the cases involved drug-related offenses and the seizure of U.S. Currency from the arrestees. Specifically, SPD 18-3903 involves the seizure of $360.00. SPD 18-4416 involves the seizure of $1,037.00 from one individual and $986.00 from another individual. The period within which a civil forfeiture complaint must be filed is brief, but pursuant to NRS 179.1173(2), a civil forfeiture proceeding must be stayed pending disposition of the related criminal case. Therefore, if the City Council were to direct the City Attorney to initiate civil forfeiture cases relating to these SPD cases, the City Attorney would file a complaint and a motion to stay the proceedings in each case as required by NRS 179.1173(2). Proceeds from any of the civil forfeiture cases would be divided between Sparks Police Department and the City Attorney’s Office.

Analysis:

The City Attorney recommends that the City Council direct the City Attorney to initiate civil forfeiture cases on behalf of the City relating to Sparks Police Department Case Numbers 18-3903 and 18-4416.

Alternatives:

The City Council could direct the City Attorney not to initiate three civil forfeiture cases relating to Sparks Police Department Case Numbers 18-3903 and 18-4416.

As another alternative, the City Council could direct the City Attorney to initiate a civil forfeiture case relating to one but not both of the referenced SPD cases.

Recommended Motion:

Based on the advice of the City Attorney’s Office, I move to direct the City Attorney to initiate three civil forfeiture cases on behalf of the City relating to Sparks Police Department Case Numbers 18-3903 and 18-4416.

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