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HomeMy WebLinkAboutOrdinance No. 3297-2022 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3297-2022 AN ORDINANCE AMENDING KENAI MUNICIPAL CODE 7.15.090 - DISPOSAL OF SURPLUS OR OBSOLETE MATERIALS AND EQUIPMENT, TO ALLOW FOR THE POLICE DEPARTMENT TO DISPOSE OF CERTAIN SURPLUS AND OBSOLETE MATERIALS WITHOUT ADVERTISEMENT, PUBLIC OPPORTUNITY, OR PROCEDURES TO OBTAIN THE HIGHEST PRICE. WHEREAS, Kenai Municipal Code 7.15.090 - Disposal of surplus or obsolete materials and equipment, generally requires (with the exception of library collection materials) that City supplies, materials and equipment that are surplus or obsolete must be advertised and disposed of in a manner available to the public and designed to obtain the highest price or benefit to the City; and, WHEREAS, the Police Department often has specialized equipment that is not suitable for public use; and, WHEREAS, the Police Department has firearms, ammunition and other tools used in law enforcement or that have been otherwise obtained, that once surplus and obsolete should only be sold or traded through licensed dealers or sold, traded or donated to other law enforcement agencies; and, WHEREAS, additionally, the Police Department often has possession of bicycles that are surplus or obsolete and can be used by local non-profits or other government entities; and, WHEREAS, amending Kenai Municipal Code to allow for the sale or donation of certain items in possession of the Police Department without advertising, making the items available to the public or sale to the highest bidder is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of Section 7.15.090 of Kenai Municipal Code: That Kenai Municipal Code, Section 7.15.090.Disposal of surplus or obsolete materials and equipment, is hereby amended as follows: 7.15.090 Disposal of surplus or obsolete materials and equipment. (a) Except as provided in in subsection (c) and (d) of this section, the City Manager may authorize the sale, trade, or disposal by other means of surplus or obsolete supplies, materials and equipment no longer needed by the City with an estimated value of fifty thousand dollars ($50,000.00) or less. All sales, trades or disposals of surplus or obsolete property must be advertised in a manner reasonably designed to reach prospective buyers, must be made available to the public and must be disposed of in a manner reasonably designed to obtain the highest price or benefit for the City. All departments of the City shall be notified of the availability of surplus or obsolete goods at least ten (10) business days prior to the goods being made available for purchase, trade or transfer to a non-City entity. The City Manager must make a written report to the City Council of all surplus or obsolete goods within thirty (30) days of sale, trade or disposal of surplus or obsolete goods. (b) The sale, trade or disposal by other means of surplus or obsolete supplies, materials and equipment no longer needed by the City with an estimated value of greater than fifty thousand dollars ($50,000.00) must be approved by resolution of the City Council. MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: David Ross, Police Chief DATE: June 10, 2022 SUBJECT: Ordinance No. 3297-2022, Amending KMC 7.15.190. This ordinance addresses proposed changes to KMC 7.15.190 that will allow the Police Department to dispose of specific property in its possession in accordance with these sections of KMC and in accordance with Police Department policy that will be put in place upon approval of this ordinance. This section of KMC recognizes that certain items in the possession of the police department may not be best suited to be disposed of in the same manner as other surplus government equipment and supplies. Proposed KMC section 7.15.090(d)(1) will deal with the disposal of firearms in the possession of the Police Department. There are a number of firearms dealers that specifically bid on lots of guns in police possession and that is typically how KPD has disposed of firearms in the past. This section of KMC specifically authorizes that method of disposal and would not require other Council action at the time of disposal. Proposed KMC section 7.15.090(d)(2) will deal with various other law enforcement supplies and equipment. Many of these items, such as those given as examples in the proposed KMC section, are best suited to sell or trade for other specific law enforcement equipment, often for upgraded equipment through the dealer or seller of the original products. In other circumstance the equipment or supplies are surplus to the Kenai Police Department but may be of value to other law enforcement agencies or government entities that can make efficient use of them. Proposed KMC section 7.15.090(d)(3) will deal with disposal of bicycles. Bicycles available for disposal by the Police Department have historically gone to auction in large lots under existing provisions of KMC. Through specific Council action in the past the City has donated some of those bikes to certain organizations, like Mountain View Elementary. The Police Department was also recently approached by the Henu Community Wellness Court for the potential future donation of bicycles to assist participants in their program that may benefit from that form of transportation. This new section of KMC will allow the Police Department to work with local charitable organizations and do so in timely manner. These KMC changes would allow the Police Department to develop appropriate policy for the disposal of these items and give the Police Chief discretion for making these disposals in the best interest of the Department and City. All disposals of property under these proposed provision of KMC will be reported to the City Manager and Council. A copy of the draft Police Department Policy to be implemented on approval of the ordinance is attached. I am respectfully requesting consideration of this ordinance amending KMC. KENAI POLICE DEPARTMENT PROCEDURES Page 1 of 3 Disposal of Surplus Equipment 1.102 Title: Disposal of Surplus Equipment and Supplies Chapter: 1.102 Date Issued: DRAFT POLICY Revised: 06/09/22 I. PURPOSE The purpose of this policy is to establish procedures for disposal of certain property in the possession of the police department in accordance with Kenai Municipal Code (KMC) section 7.15.090. II. POLICY The Kenai Police Department comes into the possession of property that is determined to be surplus or obsolete and the retention of the property is no longer required. The majority of ‘regular’ business equipment and supplies must be disposed of in accordance with KMC 7.15.090(a) as is the practice in other City Departments. Some special circumstances exist under KMC 7.15.090(d) and those are delineated in this policy with procedures for their disposal. III. PROCEDURE A. Firearms Disposal Firearms may come into the possession of the police department through purchase, forfeiture, unclaimed property, or by other means. When it is determined that those firearms are no longer needed by the police department and their retention is not required by law or potential legal proceedings the following procedures will be followed for their disposal. 1. A list of firearms available for disposal will be provided to the Police Chief for approval for disposal. 2. At least three licensed firearms dealers must be contacted and given an opportunity to bid on the list of disposed items, which is commonly done by the offering of a direct trade or store credit. KENAI POLICE DEPARTMENT PROCEDURES Page 2 of 3 Disposal of Surplus Equipment 1.102 3. The department must evaluate those bids in regards to filling the needs of the department for replacement equipment and supplies, and in regards to the financial benefit to the City. 4. If the Police Chief authorizes the Trade/Sale of Firearms, a report of such trade/sale to the City Manager and Council within 30 days must be made. 5. Nothing in this policy is intended to prevent the destruction of firearms, when that is determined to be the most appropriate action. B. Disposal of Law Enforcement Related Equipment and Supplies Certain law enforcement specific equipment or supplies that are deemed surplus or obsolete are better suited for specific trades, sales, or donations rather than public sales (Examples: Tasers, Taser cartridges, body cameras, portable breath testers, batons, less lethal equipment, munitions, police radios, etc.). The following procedures must be followed for the disposal of those items. 1. A list of items available for disposal must be provided to the Police Chief for approval for disposal. 2. When reasonable, multiple quotes should be obtained when trading or selling law enforcement equipment or supplies to business entities. 3. When law enforcement equipment or supplies are deemed surplus or obsolete to the Kenai Police Department, but determined to have value to other law enforcement or government entities, the police department will accept and consider requests for those materials to be sold, traded, or donated. 4. The Police Chief must give final authorization for any disposal under this section, and provide a report of such disposal to the City Manager and Council within 30 days. C. Disposal of Bicycles It is common for the police department to come into possession of bicycles, most commonly from ‘found property’ that is held for at least a year and not claimed by the owner. At the discretion of the Police Chief the procedures below may be followed to transfer bicycles to a charitable organization. KENAI POLICE DEPARTMENT PROCEDURES Page 3 of 3 Disposal of Surplus Equipment 1.102 1. A list of bicycles, or individual bicycles, available for disposal must be provided to the Police Chief and approved for disposal. 2. Charitable organizations may make requests for bicycles, or KPD may reach out and solicit interest. 3. The Police Chief must give final authorization for the transfer of bicycles from the police department to charitable organizations, giving due consideration to the benefits to both the organization and to the City. The Police Chief will provide a report of such bicycle disposal to the City Manager and Council within 30 days. David Ross Chief of Police