Confiscated cash helps fight crime in county

By KEVIN KOELLING
Managing Editor, Perry County News

TELL CITY — County Prosecutor Bob Collins wants to put some money to use, but an ordinance the county commissioners adopted in October may need to be amended to allow it.
He told commissioners at their regular meeting Monday he’d like to give the Cannelton Police Department $1,225 to buy a radar gun and the Indiana State Police $1,500 to fund a canine unit.

Money for the purchases will come from a law-enforcement account established by the county commissioners and county council in September 2005 and funded by cash seized from criminals or voluntarily surrendered through plea or other agreements.

“It comes from different sources,” Collins said, “none of it tax money.”

Representatives of local law-enforcement agencies met recently and agreed unanimously on the two needs, Collins told the commissioners. The account’s balance had grown to $8,870, and the law-enforcement representatives agreed to keep at least $1,000 in it to draw interest. “The consensus was to keep money in the fund to allow it to grow,” Collins told the commissioners.

Law-enforcement agencies in the county “are elated to have this fund available,” he said. The representatives agreed training is a need for all of them, and are looking at ways to provide it in the most cost-effective manner possible, he added.

Some cash seizures that could feed the fund could be sizable. Shortly after he took office, a seizure of approximately $60,000 was made in the county, the prosecutor said. Federal authorities would have taken a share for the role they played, but “we could have got $48,000 if the ordinance had been in place,” he explained.

Even though the account is built only through much smaller deposits, he said, “it’s adding up.”
Elected in 2006, Commissioner Gary Dauby asked whether the ordinance controlling the funds can be changed to allow Collins to spend the money without seeking county leaders’ approval.
“I’d prefer to have this group approve the spending,” Collins said, explaining that process provides a check on any spending the group might authorize for his own office. “I wanted to take control out of my hands so I don’t have an account and a checkbook,” he said.
Collins questioned whether the county council needs to approve the spending, saying he thought the commissioners were to approve it, then the auditor’s office would disburse the funds. State law says the county’s fiscal body — the council — has to appropriate the money “except as provided under the law,” he said. “The ordinance is our law.”

The ordinance contains a reference to “appropriating” money, however, a function carried out by the council. That could be construed to mean the council has to approve the spending, or “we can read (the ordinance) to mean we can bypass the appropriation process,” Collins said.
If the county council has to approve the spending, it would be delayed until September, Auditor Connie Berger noted.

When the ordinance was adopted, Commissioner Don Sherry said, “I remember the intent wasn’t to stymie your efforts.”

The question was to go to county attorney Chris Goffinet, who was on vacation at the time.