The Collin County Observer

The DA's Assest Forfeiture and other county slush funds

01/29/10

11:45:15 am, by bill

, 386 words,

Categories: Observer Opinions, Good Governance, Law, Crime & Punishment

The DA's Assest Forfeiture and other county slush funds

The recent legal opinion supporting the Collin County District Attorney's plans to use $25,000 of his Drug Forfeiture Fund to purchase automatic weapons and SWAT team equipment for his Court House Security Team has focused new attention on funds over which some elected officials have exclusive control.

Sometimes derisively called "Slush Funds", these restricted accounts are created by state and federal law.

While state law and the Texas Constitution give the county commissioners' court the power of the purse over elected department heads such as the District Attorney or Sheriff, the monies in these accounts are under the control of a specific elected official and not the commissioners court.

Responding to an Open Record request, the County Auditor provided The Collin County Observer with a list of 6 funds whose current balances total over $1.9 million.

Controlled by	Fund	2006 Balance	2010 YTD Balance
Tax Assessor Collector	Tax A/C Motor Vehicle Tax	$ 123,481.10	$ 97,361.43
Sheriff	Sheriffs Drug Forfeiture	$ 115,739.57	$ 92,864.13
District Attorney	DA Drug Forfeiture	$ 272,442.23	$ 407,381.27
District Attorney	DA Service Fee	$ 266,441.54	$ 237,975.72
Sheriff	SCAAP	-	$ 943,105.00
Sheriff	LEOSE Education	$ 116,287.04	$ 142,897.92

The largest, at $943,000 is the Sheriff's SCAAP fund. SCAAP is a Federal program to reimburse local law enforcement agencies for costs incurred in incarcerating illegal aliens. SCAAP funds may only be used for jail and jailer expenses.

The forfeiture funds are authorized by State Law. They come from the sale of seized contraband and and items used "in the commission of a crime". The money may only be spent to further the legitimate operations of the agency.

The District Attorney has used his forfeiture funds to supplement salaries and offset the loss of benefits in his department, to buy new furniture, and now to purchase weapons and gear for his "courthouse commandos".

LEOSE Funds are State dollars given to local agencies for the training of peace officers. In 2000, the Texas Attorney General issued an opinion that LEOSE grants could not be put into the general revenue funds, but reserved solely for police training activities.

The county commissioners, who are used to setting budgets and approving spending, sometimes chafe at their inability to control the spending of these restricted funds. On at least one occasion, for example, the District Attorney John Roach has reminded the commissioners that any attempt by them to offset his staff salary supplements with a lower budget appropriation would be a violation of state law.

Bill

Permalink 3 comments

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Comment from: anon [Visitor]

We have seen the grave concerns about whether the District Attorney follows due process and whether he uses his office to harrass political oponenets or overturn the will of the people as expressed by their vote.

Now we understand that there is a system in place he and his office is rewarded if he finds people guilty of drug crimes.

The question becomes, how do we know he does not bend the rules to find innocent people guilty of a drug crime to compund their assets?

Permalink 01/29/10 @ 13:05

Comment from: abc [Visitor]

Doesnt the county clerk have a slush fund too?

Permalink 01/29/10 @ 13:57

Comment from: Retroactive [Visitor]

What about politicians that are in office that solicit contributions even though they aren't up for re-election.A lot of funds are accumulated ,yet the person may never have an opponent.Seems abusive.

Permalink 01/29/10 @ 16:29

It is my hope that this forum will serve as an acute observer of Collin County government, leading to the return of the county to those it is supposed to serve.

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Bill Baumbach

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The Collin County Observer

The DA's Assest Forfeiture and other county slush funds

01/29/10

The DA's Assest Forfeiture and other county slush funds

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